News & Analysis as of

HITECH Act Health Care Providers Cybersecurity

Epstein Becker & Green

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

Epstein Becker & Green on

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

Davis Wright Tremaine LLP

HHS Reveals Strategy for Addressing Healthcare Sector Cybersecurity

The U.S. Department of Health and Human Services ("HHS") issued a concept paper describing its overarching strategy to address healthcare cybersecurity. The concept paper builds on the Biden-Harris Administration's National...more

Hogan Lovells

A closer look: Remote monitoring terms in Clinical Trial Agreements require careful review

Hogan Lovells on

Sponsors of clinical trials in the United States have a regulatory responsibility under 21 CFR Part 312.50 to monitor the progress of clinical studies. Historically, Sponsors performed in-person monitoring visits of every...more

Arnall Golden Gregory LLP

Recent OCR HIPAA Enforcement Actions and Request for Information on HITECH Implementation

Enforcement Actions - In its first announcement of enforcement actions in 2022, the U.S. Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) simultaneously announced the resolution of three...more

Hogan Lovells

HHS seeks comment by June 6 on recognized security practices as mitigating factor in HIPAA enforcement

Hogan Lovells on

The US Department of Health Human Services (HHS) is seeking public comments about the appropriate role of “recognized security practices” in enforcement of the HIPAA Security Rule. Congress, through an amendment to the HITECH...more

Holland & Knight LLP

Get Ready for HIPAA Questions on Your Recognized Security Practices

Holland & Knight LLP on

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

Polsinelli

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

Polsinelli on

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

Manatt, Phelps & Phillips, LLP

A Shared Responsibility: Protecting Consumer Health Privacy in an Increasingly Connected World

As this decade begins, Americans are increasingly apprehensive about the privacy of their personal information. A recent survey found that approximately four out of five Americans are concerned about how their data is used,...more

Polsinelli

Entities of All Types Should Consider Commenting on the FTC’s Health Breach Notification Rule by August 20, 2020

Polsinelli on

On May 22, 2020, the Federal Trade Commission (the “FTC”) published its decennial request for public comment (the “RFC”) on the FTC’s Health Breach Notification Rule (the “HBN Rule”)....more

Mintz - Privacy & Cybersecurity Viewpoints

Health Care Data Breaches Are Increasing Both in Number and Cost

It feels like we’ve been seeing a lot more health care breaches caused by hackers and other IT security incidents, and there’s a good reason why: a recent report by cloud security company Bitglass confirms that both the...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 & Knight LLP

HHS Releases Voluntary Healthcare Cybersecurity Practices

Holland & Knight LLP on

On Dec. 28, 2018, the U.S. Department of Health and Human Services (HHS) announced the release of voluntary cybersecurity practices and tools for the healthcare industry. The documents were the result of Section 405(d) of the...more

White and Williams LLP

OCR Seeks Feedback for Modifying HIPAA Rules to Promote Efficiency and Reduce Burdens Placed Upon Covered Entities

White and Williams LLP on

Last week, the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR), issued a Request for Information (RFI) seeking public input on modification of the Privacy and Security Rules under the Health...more

BakerHostetler

SAMHSA Updates Privacy Regulations to Reflect Advancements in Healthcare

BakerHostetler on

On Jan. 3, 2018, the Substance Abuse and Mental Health Services Administration (SAMHSA) issued its final rule regarding the Confidentiality of Substance Use Disorder Patient Records Part 2. These changes become effective Feb....more

King & Spalding

OIG Reports Insufficient Oversight Of HIPAA Compliance

King & Spalding on

The HHS Office for Civil Rights (OCR) must improve its oversight and enforcement of patient information privacy and security rules by “covered entities” and their business associates under the Health Information Portability...more

Orrick, Herrington & Sutcliffe LLP

Don't Wait for It; Recent HIPAA Enforcement Action Signal More to Come in Phase 2 Audits

Officials at the U.S. Department of Health and Human Services Office of Civil Rights (HHS OCR) have recently selected a vendor to conduct the second wave of HIPAA audits. These so-called "Phase 2 Audits" are set to commence...more

McDermott Will & Emery

OCR to Begin Phase 2 of HIPAA Audit Program

McDermott Will & Emery on

The U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) will soon begin a second phase of audits (Phase 2 Audits) of compliance with Health Insurance Portability and Accountability Act of 1996 (HIPAA)...more

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