News & Analysis as of

Hospitals Data-Sharing

Dorsey & Whitney LLP

HIPAA on the Horizon in the New Year: Important Lessons from an Active 2023 and Regulatory Initiatives to Watch for in 2024

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2023 marked 20 years since the first compliance deadline under the Health Insurance Portability and Accountability Act’s (“HIPAA”) privacy rule. Despite the two decades of experience with HIPAA, compliance continues to remain...more

Stoel Rives LLP

FAQ: Washington State’s ‘My Health My Data Act’

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On April 27, 2023, Washington enacted the  “My Health My Data Act” (“MHMDA”) that will become effective March 31, 2024 in most instances. Any violation of MHMDA will be resolved through the Washington Consumer Protection...more

Venable LLP

DOJ Withdraws Past Guidance Including "Safety Zone" for Information Exchanges

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On February 3, 2023, the Antitrust Division of the Department of Justice (DOJ) withdrew its nearly 30-year-old guidance on information exchanges in the healthcare industry, including the "safety zone" for benchmarking that...more

Wilson Sonsini Goodrich & Rosati

FTC Announces First Enforcement Action Under the Health Breach Notification Rule Against GoodRx

On February 1, 2023, the Federal Trade Commission (FTC) announced a complaint against and proposed settlement agreement (the “proposed order”) with GoodRx, a digital health company, over its data sharing practices that...more

McDermott Will & Emery

California DxF Policies and Procedures Released for Public Comment

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On January 17, 2023, the California Health and Human Services Agency (CalHHS) released updated drafts of four policies and procedures (P&Ps) under the California Data Exchange Framework (DxF) to support the implementation of...more

McDermott Will & Emery

10 Things Providers Should Know About California’s Data Exchange Framework

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By January 31, 2023, general acute care hospitals, clinical labs and certain physician organizations and medical groups in California are required to enter into the Single Data Sharing Agreement (DSA) to participate in the...more

ArentFox Schiff

The California Data Exchange Framework: New Requirements for Sharing Health Information Between Hospitals, Physicians, and Other...

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The recently unveiled California Health and Human Services Data Exchange Framework (the Framework) creates a new regulatory and governance structure to promote the exchange of health information between health care providers...more

Manatt, Phelps & Phillips, LLP

[Webinar] Ten Health Care Imperatives for the Decade Ahead: Privacy Considerations in an Era of New Health Data Custodians -...

Learn How Seismic Changes in the Collection, Exchange and Use of Health Data Are Impacting Privacy—and Outpacing Policy—at a New Manatt Webinar... Over the past decade, the ways we gather, share and use health data have been...more

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 21, Number 2. Privacy Briefs: February 2021

Report on Patient Privacy 21, no. 2 (February 2021) - The Florida Healthy Kids Corporation (FHKC), a Medicaid managed care plan, said one of its vendors, Jelly Bean Communications Design, experienced a security incident...more

Hutchison PLLC

From NC State to Changing the State of Health Information Networks, with Medicom Technologies’ Malcolm Benitz

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Malcolm Benitz and his two co-founders Michael Rosenberg and Chase Ballard, while in the Entrepreneurship program at NC State, found a problem in medical information, and they were determined to fix it. With $5M in Series A...more

Bricker Graydon LLP

COVID-19 Update: Data sharing requests and orders for hospitals

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Recently, health care providers – in particular hospitals – have been requested by the federal government to share data related to the treatment of COVID-19 (coronavirus) patients and have been ordered by the Ohio Department...more

McDermott Will & Emery

[Webinar] CMS Interoperability Rule - March 26th, 12:30 pm ET

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CMS's final rule requires that CMS-regulated payors implement APIs that allow patient information to be shared more readily among patients, health care providers and payors. It also imposes a new Medicare condition of...more

Manatt, Phelps & Phillips, LLP

[Webinar] Re-Mapping the Fraud and Abuse Landscape: Understanding Proposed Reforms - February 13th, 1:00 pm ET

What larger healthcare goals are fueling the proposed revisions to AKS and Stark? What safe harbors and exceptions are introduced in the proposed rules? And what would the potentially transformational changes mean for...more

McDermott Will & Emery

Getting Cross-Industry Collaborations Right, Part 2: All About That Data

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As discussed in the first post in this two-part series, new players from outside the traditional healthcare paradigm are joining forces with hospitals, health systems and other providers to drive unprecedented innovation....more

Sheppard Mullin Richter & Hampton LLP

Overview of Proposed Rule from the Centers for Medicare & Medicaid Services Regarding Interoperability and Patient Access to Data

On March 4, 2019, the Centers for Medicare & Medicaid Services (“CMS”) published a wide-ranging proposed rule (“Proposed Rule”) with the intent to “move the health care ecosystem in the direction of interoperability” in...more

King & Spalding

CMS Proposes Rule Regarding the Exchange of Electronic Health Information Which Impacts Hospitals, Clinicians and Government...

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On February 11, 2019, CMS issued a proposed rule, to improve access to electronic health information (the Proposed Rule). The Proposed Rule results from the 21st Century Cures Act (the Cures Act), in which CMS and the Office...more

McDermott Will & Emery

CMS Releases Proposed Rule to Advance Interoperability and the Exchange of Medical Record and Plan Information

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CMS issued a long-awaited proposed rule aimed at enhancing interoperability and increasing patient access to health information. If finalized, CMS’s proposed rule may require hospitals and payors to make significant...more

McDermott Will & Emery

ONC Proposes to Define Conduct That Is Not Information Blocking under the Cures Act

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The ONC finally released its long-awaited proposed rule to implement the “information blocking” prohibition of the 21st Century Cures Act by identifying conduct that is not information blocking. If finalized, ONC’s proposed...more

Robinson+Cole Data Privacy + Security Insider

Cottage Health Settles with OCR for $3M

We previously reported that Cottage Health, a health care entity operating several hospitals in California, settled with the State of California for $2 million for a security incident that occurred in 2013. On February 7,...more

Epstein Becker & Green

Joint Development of Specialized Clinical Services

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The Statements of Antitrust Enforcement Policy in Health Care (“Policy Statements”), issued jointly by the Department of Justice and Federal Trade Commission, provide, at Statement 3, guidelines for evaluating whether a joint...more

Bass, Berry & Sims PLC

Sprinting to Coordinated Care: Healthcare Industry Urges Stark Law Relief as OIG Solicits Feedback on Changes to the Anti-Kickback...

August 24, 2018 marked a busy day for the U.S. Department of Health & Human Services' (HHS) self-designated "Regulatory Sprint to Coordinated Care," an initiative aimed at dismantling the regulatory barriers to providers...more

Holland & Knight LLP

Florida Supreme Court: Federal PSQIA Does Not Pre-empt State's Constitution

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In Charles v. Southern Baptist Hospital of Florida, Inc., published on Jan. 31, 2017, the Florida Supreme Court held that the federal Patient Safety and Quality Improvement Act (PSQIA) is not and was never intended to be a...more

Latham & Watkins LLP

St. Elizabeth’s Medical Center Pays $218,400 to Settle Alleged HIPAA Security Case Stemming from Use of Cloud-Based Document...

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Alleged HIPAA Violations Resulted from Medical Center’s Failure to Risk Assess Internet-Based Document Sharing Application and Inadequate Breach Response. The US Department of Health and Human Services (HHS) Office for...more

Akerman LLP - Health Law Rx

Recent HHS Settlement Highlights Risks of Electronically-Sharing Protected Health Information

On July 10, 2015, the United States Department of Health and Human Services Office for Civil Rights (OCR) announced its second settlement of the year for violations of the Health Insurance Portability and Accountability Act...more

Robinson & Cole LLP

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

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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

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