News & Analysis as of

Health Insurance Portability and Accountability Act (HIPAA) Standard of Care

Womble Bond Dickinson

Navigating the Legal Boundaries of Telehealth

Womble Bond Dickinson on

It may seem like telehealth emerged overnight during the COVID 19 pandemic. However, telemedicine has been developing for centuries....more

Manatt, Phelps & Phillips, LLP

Telehealth Policy Lessons Learned in North Carolina During the COVID-19 Pandemic and Beyond

Introduction - The COVID-19 pandemic catalyzed a dramatic rise in the use of telehealth nationwide to deliver services to individuals enrolled in Medicaid and the Children’s Health Insurance Program (CHIP). The federal...more

Holland & Hart LLP

Sports and Student Physicals: Legal Issues

Holland & Hart LLP on

It’s that time of year when many healthcare providers offer free or discounted sports or student physicals as a community service or marketing ploy. If you participate in such programs, make sure you consider the legal...more

Manatt, Phelps & Phillips, LLP

Telehealth: Regulation, Compliance, Audit and Investigation

I. Introduction - Use and acceptance of telehealth technologies have grown very substantially since the start of the COVID-19 pandemic. This growth has been substantially facilitated by waivers and relaxations of existing...more

Snell & Wilmer

The Arizona Supreme Court Joins Other States in Ruling that HIPAA Can Be Used to Establish the Standard of Care in a Negligent...

Snell & Wilmer on

On March 8, 2021, the Arizona Supreme Court held in Shepherd v. Costco1 that the plaintiff, Greg Shepherd, was permitted to bring a negligence claim for wrongful disclosure of medical information and that the Health Insurance...more

Pullman & Comley - Connecticut Health Law

Notable 2020 Connecticut Decisions Affecting Health Care

Plaintiff Cannot Cure Defective Malpractice Opinion Letter with an Affidavit Connecticut law requires that a plaintiff in a medical malpractice action demonstrate the existence of his or her good faith by obtaining a written...more

Ward and Smith, P.A.

Time for a Checkup: Recent North Carolina Efforts Regarding Telehealth - Part II

Ward and Smith, P.A. on

The pandemic has also overhauled how physicians and health care providers practice in North Carolina, with many offices switching to virtual exams to help stop the spread of the coronavirus. North Carolina Medical Board's...more

Hogan Lovells

Navigating coronavirus: Top real estate industry considerations

Hogan Lovells on

On Wednesday, 11 March 2020, the World Health Organization declared the spread of coronavirus a global pandemic and on Friday, 13 March 2020, President Trump declared a national emergency in the United States. Guidance from...more

Burns & Levinson LLP

Security Standards for Medicinal Cannabis Businesses

Burns & Levinson LLP on

Last week the firm moderated a discussion of banking and lending in the cannabis industry. The event was well attended and most importantly provided practical insights concerning the financing of cannabis businesses...more

Holland & Knight LLP

Impact of the New Health Industry Cybersecurity Practices: 2019 Outlook

Holland & Knight LLP on

• The U.S. Department of Health and Human Services on Dec. 28, 2018, announced the release of the "Health Industry Cybersecurity Practices: Managing Threats and Protecting Patients" that provides a "Call to Action" to make...more

Holland & Hart - Health Law Blog

Sports and Student Physicals: Legal Issues

It’s that time of year when many healthcare providers offer free or discounted sports or student physicals as a community service or marketing ploy. If you participate in such programs, make sure you consider the legal...more

K&L Gates LLP

K&L Gates Triage: Artificial Intelligence in Health Care

K&L Gates LLP on

Artificial Intelligence (AI) systems, including the use of algorithms and computer software to analyze complex data and perform certain decision making functions without direct human involvement, are rapidly developing in...more

Foley & Lardner LLP

New Jersey’s Telemedicine Law: What Providers Need to Know

Foley & Lardner LLP on

New Jersey has a new telemedicine law, recently signed by Governor Chris Christie. The law cements the validity of telehealth services in the Garden State, establishes telemedicine practice standards, and imposes telehealth...more

BCLP

Telemedicine – An Expanding Landscape

BCLP on

According to one recent survey, telemedicine services (i.e., remote delivery of healthcare services using telecommunications technology) among large employers (500 or more employees) grew from 18% in 2014 to 59% in 2016. ...more

Proskauer on Privacy

What Preemption? Connecticut State Court Gives Life to Negligence Claims Based on HIPAA Privacy Standard of Care

Proskauer on Privacy on

Like many federal statutes, the Health Insurance Portability and Accountability Act of 1996 (HIPAA) contains a provision governing how the statute is designed to interact with similar or otherwise related state laws. When...more

Manatt, Phelps & Phillips, LLP

Health Update - November 2014

“Healthcare-Related” Calls: Ambiguity at the Intersection of HIPAA and TCPA - Editor’s Note: The Federal Communications Commission (FCC) has established exemptions from certain requirements of the Telephone Consumer...more

Bond Schoeneck & King PLLC

Health Law Wire: Expanding HIPAA Liability for Healthcare Providers (11/14)

The Health Insurance Portability and Accountability Act (HIPAA), while requiring protected health information be kept private, does not provide for a private right of action based on a HIPAA violation. Rather, an individual...more

BakerHostetler

Connecticut Supreme Court Recognizes Right to Sue for Negligence Using HIPAA as Standard of Care

BakerHostetler on

In a decision released November 11, 2014, the Connecticut Supreme Court reversed the judgment of the trial court and held for the first time in Connecticut that (1) HIPAA does not preempt state common law claims for...more

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