News & Analysis as of

Health Insurance Portability and Accountability Act (HIPAA) Protected Health Information EHR

Holland & Knight LLP

Proposed HIPAA Changes to Promote Coordinated Care

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Privacy revisions under the Health Insurance Portability and Accountability Act (HIPAA) may be on the horizon, with some potential changes that could benefit both patients and the healthcare industry. Other changes, if...more

Faegre Drinker Biddle & Reath LLP

$100,000 HIPAA Settlement With Solo Physician Practice

Dr. Steven A. Porter, M.D., P.C. (Dr. Porter’s Practice) and the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Service (HHS) entered into a $100,000 no-fault settlement agreement and two year...more

McDermott Will & Emery

Consumer Demand in Digital Health Data and Innovation

Digital health companies are producing increasingly innovative products at a rapidly accelerating pace, fueled in large part by the expansive healthcare data ecosystem and the data strategies for harnessing the power of that...more

Davis Wright Tremaine LLP

More Data Please! The Challenges of Applying Health Information Privacy Laws to the Development of Artificial Intelligence

Artificial intelligence (AI) has become part of our daily lives, from greeting us in the morning through smart home devices, creating shopping lists, playing music, setting timers, and alerting us of a traffic jam on our...more

Baker Donelson

District Court Ruling Impacts HIPAA Access Request Permissible Charges

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On January 23, 2020, the United States District Court for the District of Columbia declared sections of the 2013 Omnibus Rule unlawful. The Court found that the Department of Health and Human Services (HHS) impermissibly...more

Akerman LLP - Health Law Rx

OCR Fee Limits for Third Party Directive Record Requests Struck Down

On January 28, 2020, the U.S. Department of Health & Human Services Office for Civil Rights (OCR) issued a notice (the OCR Notice) regarding individuals’ right of access to health records in response to a January 23, 2020...more

Troutman Pepper

Google Health's Partnerships Raise Privacy Concerns

Troutman Pepper on

Google Health’s Partnerships Raise Privacy Concerns - Recently, Google has been at the center of privacy concerns due to its health- sharing collaborations with the University of Chicago Medical Center (the Medical Center)...more

Davis Wright Tremaine LLP

Update from LitLand: Illinois Lawsuit Highlights Difficulty of True De-Identification

LitLand is a monthly feature that reviews developments in litigation as they relate to privacy matters and highlight any past, current, and future cases about which you should know....more

Robinson+Cole Health Law Diagnosis

OCR Issues Five New HIPAA FAQs on Health Information Apps

On April 18, 2019, the Department of Health & Human Services Office for Civil Rights (OCR) issued five new FAQs addressing the applicability of HIPAA to the use of software applications (apps) by individuals to receive health...more

BakerHostetler

The Use of Smart Speakers in Healthcare

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Smart speakers are voice-activated, internet-connected devices with an integrated virtual assistant that can answer questions, follow instructions and control other smart devices....more

Bass, Berry & Sims PLC

21st Century Cures Act - HIPAA & Other Privacy Considerations

Bass, Berry & Sims PLC on

On December 13, 2016, President Obama signed the 21st Century Cures Act (the Cures Act) into law. The Cures Act addresses a wide range of healthcare topics including clinical research, treatment of mental health and substance...more

Baker Donelson

Significant Changes to Health Information Technology Found in 21st Century Cures Act

Baker Donelson on

On December 13, 2016, President Obama signed the 21st Century Cures Act ("Cures Act"), H.R. 34, into law. It enjoyed bipartisan support and was overwhelmingly approved by the House and Senate in recent weeks. The expansive...more

McDermott Will & Emery

OCR Explains How Information Blocking Violates HIPAA

McDermott Will & Emery on

The US Department of Health and Human Services Office for Civil Rights recently posted guidance clarifying that a business associate such as an information technology vendor generally may not block or terminate access by a...more

Baker Donelson

OCR Clarifies Parameters of Covered Entities' Fees for PHI Copies

Baker Donelson on

The Office for Civil Rights (OCR) recently released new guidance and FAQs (OCR Guidance) addressing individuals’ rights to access their protected health information (PHI) under the Health Insurance Portability and...more

Robinson & Cole LLP

HHS/Office of the National Coordinator issues report that health information sharing is being blocked to gain a competitive edge

Robinson & Cole LLP on

In a scathing report released last Friday, the Department of Health and Human Services Office of the National Coordinator (ONC) accused hospitals and software vendors of preventing the sharing of health information in order...more

Obermayer Rebmann Maxwell & Hippel LLP

HIPAA in the Time of Ebola

Ebola has recently been the source of much concern, and health care providers and hospitals are taking steps to prepare themselves for the possibility of treating patients with Ebola. In addition to all of the medical...more

Davis Wright Tremaine LLP

Ebola or Not, Patient Privacy Must Be Protected: Office for Civil Rights Issues Bulletin on HIPAA Requirements in Emergency...

In the wake of the recent Ebola cases, the U.S. Department of Health and Human Services’ (HHS) Office for Civil Rights (OCR) has issued a new bulletin reminding HIPAA-covered entities and their business associates that the...more

Cooley LLP

Blog: Connecticut Court Holds HIPAA Does Not Preempt Common Law Claim for Breach of Confidentiality

Cooley LLP on

The Connecticut Supreme Court held that the federal Health Insurance Portability and Accountability Act (HIPAA) does not bar individuals from bringing negligence and emotional distress claims under state common law for breach...more

Fisher Phillips

How To Analyze A HIPAA Breach

Fisher Phillips on

The Health Information Technology for Economic and Clinical Health Act (HITECH Act) and subsequent regulations have changed several aspects of compliance with HIPAA, including the way covered entities should think about...more

Searcy Denney Scarola Barnhart & Shipley

E-Discovery Cases — Herding Cats would be easier

Two disturbing cases for different, but similar reasons. When did parties jump from collection and culling of documents to simply turning over all possible evidence blindly and relying on a claw back agreement to...more

BakerHostetler

Ebola Information Quarantine: Balancing Patient Privacy With Public Health

BakerHostetler on

Of all the complex legal issues raised by the recent cases of Ebola in the U.S., those concerning the delicate balance between preserving patients’ privacy rights and the need to disseminate information to protect public...more

BakerHostetler

Company Claims “HIPAA Has No Teeth”, Will Start Notifying Affected Individuals of Security Breaches and Vulnerabilities that Have...

BakerHostetler on

A company named SLC Security, LLC (“SLC”), recently announced that it will begin notifying individuals if it believes it has identified a security breach or vulnerability of a company and it has not received a satisfactory...more

Akerman LLP - Health Law Rx

Talk Amongst Yourselves: HIPAA Does Not Preempt Florida Med Mal Presuit Authorization Law

The United States Court of Appeals for the Eleventh Circuit recently concluded that the Health Insurance Portability and Accountability Act of 1996 (HIPAA) does not prevent the application of a Florida law requiring...more

Holland & Knight LLP

Recent 11th Circuit Cases Provide Important HIPAA Guidance - Healthcare Providers Should Be Proactive by Reviewing Their HIPAA...

Holland & Knight LLP on

On Oct. 10, 2014, the 11th Circuit opinion in Murphy v. Dulay provides significant guidance regarding HIPAA authorization forms. One of the most important provisions of the opinion focuses on the fact that HIPAA...more

Obermayer Rebmann Maxwell & Hippel LLP

HITECH Act Assures Meaningful Use & Care Coordination…For Some

The passage of the ARRA HITECH Act in 2009 fostered significant advancements in patient engagement and care coordination by incentivizing primarily physical health providers and acute care hospitals to make smarter use of...more

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