A health organization narrowly averted paying a potential $4 billion in damages under the California Confidentiality of Medical Information Act (CMIA) for losing the medical records of more than 4 million patients. Plaintiffs...more
The Statewide Health Information Network of New York , also referred to as SHIN-NY, is a State-sponsored secure database network that is intended to house patient records, clinical data as well as other critical health care...more
In a case against Sutter Health involving records from a stolen office computer, the California Court of Appeal recently issued a decision limiting plaintiffs’ ability to state a claim and obtain statutory damages under the...more
E-discovery is especially challenging in healthcare related litigation due to the healthcare industry’s reliance on electronically stored information (ESI), the volume of medical records often at issue in health care...more
Here are the main legal topics on telemedicine and eHealth discussed during the ETSI eHealth Workshop on telemedicine where I gave a speech on the legal implications of telemedicine.
The Workshop was very interesting...more
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
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
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
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
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
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
The final rule is significant for any organization that is considered to be a HIPAA covered entity (“CE”) (health systems, health care providers, health plans, etc.) or the more broadly defined business associate (“BA”)....more
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