Medical Records

Florida Medical Record Disclosure Law Preempted by HIPAA

by Jennifer S. Geetter, James Saling, Heather Egan Sussman | McDermott Will & Emery on 5/20/2013

The U.S. Court of Appeals for the 11th Circuit recently ruled that a Florida law requiring nursing homes to disclose patient records of deceased patients was preempted by the Health Insurance Portability and Accountability...more

Can Your Doctor Block Your Access to Your Medical Records?

by Janet Raasch | Lawyers.com on 4/24/2013

No. In every state, your health care provider must provide you with a copy of your medical records if you ask for them....more

HIPAA Preemption Case – Opis Management Resources, LLC v. Florida Agency for Health Care Administration

by William Dillon | Messer & Caparello, P.A. on 4/15/2013

On April 9, 2013 the United States Court of Appeals for the Eleventh Circuit issued an opinion regarding HIPAA preemption in the case of Opis Management Resources, LLC v. Florida Agency for Care Administration. Opis...more

Federal Appeals Court Sides With HIPAA Over Florida Law in "Catch 22" Case Over the Release of Deceased Patient Records by Nursing...

by Martin Dix, Julie Gallagher, Sheryl D. Rosen | Akerman Senterfitt on 4/12/2013

As we first reported in December 2011, it's a common scenario: A Florida nursing home resident dies, and his or her spouse, surrogate, proxy, or attorney requests the resident's medical records. However, if the nursing home...more

HIPAA’s New Rules: Expanding Scope, Clarifying Uncertainties, & Reinforcing Fundamentals

by Patricia Shea | K&L Gates LLP on 2/25/2013

On January 25, 2013, the Secretary for the United States Department of Health and Human Services, Office for Civil Rights (the “Department”) officially published the long-awaited final regulations (the “Final Rule”)...more

Maryland Cybersecurity-Related Legislative Developments

by Michael Baader, Dismas Locaria, Anthony Rosso, Ryan Sweigard | Venable LLP on 2/21/2013

The Maryland State Senate is considering several cybersecurity-related bills to advance the state’s efforts to be the epicenter for cybersecurity. Maryland has already enacted several measures to foster cybersecurity...more

The HITECH Final Rule: The New Privacy/Security Rules of the Road Have Finally Arrived

by Nancy Bonifant, Elizabeth Doyle O'Brien, Jennifer Pike, Zachary Portin, Brad Rostolsky, Salvatore Rotella Jr. | Reed Smith on 2/20/2013

Since the 2009 enactment of the Health Information Technology for Economic and Clinical Health Act (the “Act” or “HITECH Act”), compliance efforts associated with the Health Insurance Portability and Accountability Act of...more

HIPAA Omnibus Final Rule Imposes New Obligations on Business Associates

by Elizabeth F. Hodge | Akerman Senterfitt on 2/12/2013

On January 25, 2013, the Department of Health and Human Services/Office for Civil Rights (HHS/OCR) published in the Federal Register (78 Fed. Reg. 5566) the long-awaited final rule titled Modifications to the HIPAA Privacy,...more

Business Associates Beware

by Mintz Levin - Privacy & Security on 2/11/2013

If you haven’t yet caught up with the new HIPAA Omnibus Rule and its consequences for those businesses who are not themselves healthcare providers, but are service providers to healthcare entities (and even further downstream...more

Health Law: Hospice pays $50,000 for Failing to Conduct HIPAA Security Risk Assessment; Inadequate Security Policies

by Susan J. Freed | Davis Brown Law Firm on 2/11/2013

A small non-profit hospice in Idaho agreed to pay $50,000 to settle allegations that it violated the HIPAA security regulations. The allegations stemmed from a report made to HHS by the hospice after a laptop containing...more

Cord Blood Bank Settles FTC Charges that it Failed to Protect Consumers’ Sensitive Personal Information

by King & Spalding on 2/5/2013

On January 28, 2013, CBR Systems, Inc. (CBR) agreed to settle FTC charges that it failed to protect its customers’ personal information, including nearly 300,000 customers’ Social Security numbers and credit and debit card...more

Final HIPAA Rule Has Sweeping Impact on Covered Entities and Business Associates

by Katten Muchin Rosenman LLP on 1/30/2013

On January 25, 2013, the Department of Health and Human Services (HHS) published the highly anticipated Health Insurance Portability and Accountability Act (HIPAA) Omnibus Final Rule (the “Final Rule”). The Final Rule...more

Overview of 2013 Amendments to HIPAA Privacy, Security, Breach Notification and Enforcement Rules

by Neville M. Bilimoria, Lisa Clark, Erin Duffy, David Loder, Emmy Monahan, Harry Silver, Dmitry Tuchinsky | Duane Morris LLP on 1/30/2013

On January 17, 2013, the federal Department of Health and Human Services ("HHS"), Office for Civil Rights ("OCR"), issued the long-anticipated final omnibus amendments (the "2013 Amendments") to the Privacy, Security, Breach...more

2013 HIPAA Changes

by Thompson Coburn LLP on 1/30/2013

On January 17, 2013, the Department of Health and Human Services issued the long-awaited revisions to the HIPAA rules, making a number of changes to the current HIPAA privacy, security, breach notification and enforcement...more

HIPAA Omnibus Rule Reshapes Landscape for Health Care Privacy, Security Compliance

by Robert Belfort, Anne O'Hagen Karl, Karen Lam, Emily Lee | Manatt, Phelps & Phillips, LLP on 1/25/2013

Originally published in Health IT Law & Industry Report, on January 23, 2013. On Jan. 17, 2013, the Office for Civil Rights of the U.S. Department of Health and Human Services (‘‘HHS’’) issued a long-awaited omnibus rule...more

Final HIPAA Amendments Expand HIPAA Net: Business Associates Now Required to Enter into Business Associate Agreements with...

by Lisa Clark | Duane Morris LLP on 1/23/2013

On January 17, 2013, the federal Department of Health and Human Services (HHS) announced a final omnibus rule amending the Health Insurance Portability and Accountability Act of 1996 (HIPAA) in accordance with the HITECH Act...more

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Florida Medical Record Disclosure Law Preempted by HIPAA

Can Your Doctor Block Your Access to Your Medical Records?

HIPAA Preemption Case – Opis Management Resources, LLC v. Florida Agency for Health Care Administration

Federal Appeals Court Sides With HIPAA Over Florida Law in "Catch 22" Case Over the Release of Deceased Patient Records by Nursing...

HIPAA’s New Rules: Expanding Scope, Clarifying Uncertainties, & Reinforcing Fundamentals

Maryland Cybersecurity-Related Legislative Developments

The HITECH Final Rule: The New Privacy/Security Rules of the Road Have Finally Arrived

HIPAA Omnibus Final Rule Imposes New Obligations on Business Associates

Business Associates Beware

Health Law: Hospice pays $50,000 for Failing to Conduct HIPAA Security Risk Assessment; Inadequate Security Policies

Cord Blood Bank Settles FTC Charges that it Failed to Protect Consumers’ Sensitive Personal Information

Final HIPAA Rule Has Sweeping Impact on Covered Entities and Business Associates

Overview of 2013 Amendments to HIPAA Privacy, Security, Breach Notification and Enforcement Rules

2013 HIPAA Changes

HIPAA Omnibus Rule Reshapes Landscape for Health Care Privacy, Security Compliance

Final HIPAA Amendments Expand HIPAA Net: Business Associates Now Required to Enter into Business Associate Agreements with...

Be Prepared: Redline Version of the HIPAA/HITECH Final Rule

Massachusetts AGO Enters Into Another Settlement For Data Security Violations

CMS Provides Guidance For Amending Patient Medical Records

Patton Boggs Insights - December 2012: Litigation/Courts: MSHA Medical Records Demand Raises Constitutional Issues

What You Say Can and Will be Held Against You: ADA Confidentiality Requirements Extend Beyond Termination of Employment

7th Circuit Declines to Follow EEOC's Broad Interpretation of the ADA's Confidentiality Provisions

Loose Lips Do Not Always Sink Ships—Seventh Circuit Rejects EEOC’s View on ADA Medical Records Rule

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