News & Analysis as of

HITECH Act Data Security Health Insurance Portability and Accountability Act (HIPAA)

Holland & Knight LLP

What HIPAA Security Rule Surprises Await Healthcare Providers for the Second Half of 2024?

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The U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) has, as part of its mandate, the responsibility to enforce the Health Insurance Portability and Accountability Act (HIPAA) Security Rule....more

Epstein Becker & Green

2024 Update: Regulators Use “Carrots and Sticks” to Incentivize Healthcare Sector Cybersecurity Compliance

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Healthcare organizations continue to be prime targets of cyberattacks. It is well-established that cyberattacks can lead to financial loss, reputational damage, and, in some cases, risks to patient care and safety. The recent...more

Shutts & Bowen LLP

New Guidelines Anticipated Following HHS’s Health Cybersecurity Concept Paper

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Updates to the Health Insurance Portability and Accountability Act Security Rule (“HIPAA Security Rule”) are planned for Spring 2024. New guidance from The Department of Health and Human Services (“HHS”) via a recently...more

Kelley Drye & Warren LLP

Health Data Coding Error Costs Inmediata $1.4 Million with AGs

Kelley Drye & Warren LLP on

We posted just last week about the Blackbaud multistate settlement, and as we have discussed, health privacy remains a hot topic and is already back in the news. On October 17th, 33 AGs led by Indiana, announced a multistate...more

Manatt, Phelps & Phillips, LLP

Is OCR Correct That Website Metadata Is Regulated by HIPAA? Chicago Federal Court Asks

The plaintiff’s bar continues to bring new wiretapping claims over pixels and analytics programs in courts around the country, including against hospitals and other entities covered by the Health Insurance Portability and...more

BakerHostetler

Privacy ‘Deep in the Heart of Texas’: An Overview of the Texas Data Privacy and Security Act

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Texas, long lauded as one of the most “business-friendly” states, has passed a comprehensive privacy law that will bring new regulations to consumer personal data. The new Texas Data Privacy and Security Act (“TDPSA”), H.B....more

Akin Gump Strauss Hauer & Feld LLP

FTC’s First-of-Its-Kind Health Breach Notification Rule Enforcement Action

On February 1, 2023, the Federal Trade Commission (FTC) announced that it had taken enforcement action against prescription drug discount company GoodRx, which agreed to injunctive relief and to pay a $1.5 million civil...more

Woods Rogers

HIPAA Security Rule: What are “Recognized Security Practices” and why are they important?

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A strong cybersecurity program can help defend against cyber attacks and protect sensitive patient data. Thanks to a 2021 amendment of the HITECH Act, when a breach occurs, it can also reduce enforcement penalties. The...more

Health Care Compliance Association (HCCA)

OCR: Current Fines Too Low to Spur Compliance; Agency Also Seeks Funding Boost, Injunctive Relief

Report on Patient Privacy 22, no. 5 (May, 2022) - Compared to other agencies, the HHS Office for Civil Rights (OCR) is a little fish in the big federal pond, but it has an outsize effect on HIPAA covered entities (CEs) and...more

Baker Donelson

Office For Civil Rights Seeks Input on Implementation of HITECH Amendments

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On April 6, 2022, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) released a Request for Information (RFI) seeking public comment on "recognized security practices" and on sharing civil...more

Polsinelli

Recent Amendments to State Breach Notification Laws

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Over the last several months, a minority of states amended their data breach notification statutes or enacted sector-specific breach notification requirements. ...more

Akin Gump Strauss Hauer & Feld LLP

Connecticut Expands Breach Reporting and Creates Cybersecurity Safe Harbor

On October 1, 2021, two Acts overhauling data privacy and cybersecurity in Connecticut took effect—the latest instance of stronger state breach reporting requirements with a safe harbor protection from litigation for...more

Holland & Knight LLP

Get Ready for HIPAA Questions on Your Recognized Security Practices

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An amendment to the Health Information Technology for Economic and Clinical Health (HITECH) Act was signed into law on Jan. 5, 2021, directing U.S. Health and Human Services (HHS) to consider "recognized security practices"...more

Ballard Spahr LLP

HIPAA Privacy Rule and Security Rule Developments to Note Early in 2021

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The Health Insurance Portability and Accountability Act (HIPAA) has been the subject of several major developments already in 2021. Healthcare providers, health plans, healthcare clearinghouses, and business associates...more

Polsinelli

Cybersecurity and “Recognized Security Practices”: New Statute modifies HIPAA

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On January 5, 2020, President Trump signed into law H.R. 7898. This new statute amends the Health Information Technology for Economic and Clinical Health (HITECH) Act to require the Department of Health and Human Services...more

Health Care Compliance Association (HCCA)

[Virtual Event] 2020 Virtual Regional Healthcare Compliance Conference - Louisville, KY - October 30th, 8:25 am - 4:30 pm EDT

Our Virtual Regional Healthcare Compliance Conferences provide updates on the latest news in regulatory requirement, compliance enforcement, and strategies to develop effective compliance programs. Watch, listen, and ask...more

Health Care Compliance Association (HCCA)

[Virtual Event] 2020 Virtual Regional Healthcare Compliance Conference - Louisville, KY - October 30th, 8:25 am - 4:30 pm EDT

Our Virtual Regional Healthcare Compliance Conferences provide updates on the latest news in regulatory requirement, compliance enforcement, and strategies to develop effective compliance programs. Watch, listen, and ask...more

White and Williams LLP

Ready or Not: NY SHIELD Act’s Data Security Requirements Go Into Effect March 21, 2020

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As was previously written, last fall New York enacted the "Stop Hacks and Improve Electronic Data Security Act" (SHIELD ACT), which required businesses having private information of New York residents to implement a written...more

White and Williams LLP

New York’s SHIELD Act Cheat Sheet

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Effective October 23, 2019 for changes in data breach notification requirements, and March 21, 2020 for new data security requirements, New York’s “Stop Hacks and Improve Electronic Data Security Act” (SHIELD Act) broadens...more

Foley & Lardner LLP

New York Increases Breach Notification and Security Responsibilities

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New York State has enacted S5575, the Stop Hacks and Improve Electronic Data Security Act (“SHIELD Act”). This new law amends New York General Business Code 899-aa and adds Section 899-bb to significantly expand consumer...more

K&L Gates LLP

K&L Gates Triage: HIPAA Enforcement Discretion, Disputes, and Data

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The U.S. Department of Health and Human Services recently released a notice of enforcement discretion announcing changes in how the agency will assess civil monetary penalties for violations of the Health Insurance...more

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - May 2019

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According to a recent survey of cybersecurity professionals by AT&T Cybersecurity entitled “Confidence: the perception and reality of cybersecurity threats,” phishing and cloud security threats are keeping them up at night. ...more

Foley Hoag LLP - Security, Privacy and the...

HHS to Reduce Top HIPAA Fines Based on “Level of Culpability”

In a Notification of Enforcement Discretion Regarding HIPAA Civil Money Penalties issued on April 23, 2019, the Department of Health and Human Services (HHS) exercised “its discretion in how it applies HHS regulations...more

Holland & Knight LLP

Impact of the New Health Industry Cybersecurity Practices: 2019 Outlook

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• 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

Hogan Lovells

HHS Seeking Input on HIPAA Changes

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The Department of Health and Human Services (HHS) announced a Request for Information (RFI) regarding how the HIPAA Privacy, Security, and Breach Notification Rules could be modified to reduce regulatory burdens and to...more

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