Medical Records

News & Analysis as of

Comment period extended for NIST Cybersecurity Practice Guide

The National Institute of Standards and Technology has announced that due to stakeholder feed-back, the period to submit comments for the draft guide, “Securing Electronic Health Records on Mobile Devices” has been extended...more

Appellate Court Notes

Supreme Court Advance Release Opinions: SC19253 - RBC Nice Bearings, Inc. v. SKF USA, Inc. [An important decision on contract waiver but one all attorneys should recall from the UCC or Contracts course we took...more

Jury Clears UCLA Health in Lawsuit Stemming From Improper Access to PHI by Plaintiff’s Romantic Rival

A UCLA employee and patient now has celebrity-level security on her protected health information (PHI) as maintained by the UCLA Health system, but a jury denied her the $1.25 million in emotional distress damages she sought...more

UCLA cleared in lawsuit alleging breach as to sexually transmitted disease information

UCLA was absolved by a California judge last week in a suit filed by a patient of a UCLA affiliated doctor’s group, who alleged that a temporary worker in the doctor’s office used the doctor’s username and password to get...more

UCLA suffers another data breach

Last week, UCLA notified 1242 patients that their health information may have been compromised in July when a faculty member’s laptop was stolen. UCLA has notified the patients, the Office for Civil Rights and the California...more

U.S. Department of Education issues FERPA guidance related to medical information

In conjunction with the new school year, the U.S. Department of Education issued guidance, in the form of a “Dear Colleague” letter, to higher education institutions to remind them of FERPA’s requirements as they relate to...more

Health Alert (Australia) - September 7, 2015

In This Issue: -Judgments; Legislation; and Reports -Excerpt from Judgments Australia. High Court 2 September 2015 - AstraZeneca AB v Apotex Pty Ltd AstraZeneca AB v Watson...more

Time for a HIPAA Security Check-Up!

The 2015 HIPAA Security conference held by the National Institute of Standards and Technology (“NIST”) and the U.S. Department of Health and Human Services, Office for Civil Rights (“OCR”) kicked off last week with OCR’s...more

Extra-long twin sheets, emergency credit card, and… Advance Directive and Power of Attorney (!?)

As you pack up extra-long twin sheets and the emergency credit card for your college-bound child, don’t forget to pack her legal documents. Though your high school graduate doesn’t seem too independent while you are still...more

Using Student Medical Records: Department of Education Issues New Guidance

When is it legal and proper for higher education institutions to use student medical records other than for a student's healthcare? In answering that question, institutions have to balance students' privacy interests,...more

[Webinar] Beam It Up Safely: Navigating Data Privacy and Security in Telemedicine's Uncharted Territory - Sept. 17, 12:00pm EDT

Science fiction programs once imagined a future where a doctor on a spaceship could treat a patient on a distant planet using groundbreaking technology. The health care industry may not yet have made this giant leap, but...more

State Law Claim for Invasion of Privacy Escapes ERISA Preemption: Rose v. HealthComp, Inc.

A federal court recently held that the plaintiff’s claims under state law survived ERISA preemption, and remanded the case to state court to determine the plaintiff’s claims for invasion of privacy and unfair business...more

Second class action suit filed against Medical Informatics

We previously reported that Medical Informatics Engineering, Inc. was sued over a data breach that occurred in May and affected over 4 million individuals. Thereafter, Indiana AG Gregory Zoeller advised all Hoosiers to freeze...more

Telemedicine Prescribers Should Read This Case: U.S. vs. Zadeh

Health care providers who use telemedicine for remote prescribing of controlled substances should pay close attention to an important case currently pending at the Fifth Circuit Court of Appeals. The case will decide whether...more

Proposed class action case filed against Medical Informatics Engineering

Medical Informatics Engineering, Inc., an electronic medical record service provider, recently disclosed a data breach affecting approximately 4 million individuals. Within days of the disclosure, Medical Informatics was hit...more

Federal Appeals Court Reverses Conviction of Mental Health Program Director

In a recently released decision, the United States Court of Appeals for the Eleventh Circuit reversed the conviction of a former community mental health program director who was convicted after trial of conspiring to commit...more

Getting More Personal: California Amends Data Security Law

California’s data security statute will get a little more “personal” as of January 1, thanks to a recently-passed amendment revising the definition of covered personal information. On July 14 California expanded the...more

Federal Data Breach Bill Stalled in Congress

A key distinguishing feature of U.S. data privacy laws is their patchwork nature. There are industry-specific data privacy laws at the federal level (think HIPAA or the GLBA), yet there are no comprehensive federal standards...more

Oregon Amends Data Breach Law — Companies Can Expect More Enforcement Actions

Oregon Gov. Kate Brown recently signed into law amendments to the state’s data breach law. These amendments recognize the growing definition of data, expand the role of the Attorney General in addressing data breaches,...more

Health Care Update - July 2015 #2

Congress Slowly Works on Budget Reconciliation; ACA Reform Proposals Still Up in the Air - The FY 2016 budget resolution, which was agreed to by Congress this past April, included broad reconciliation instructions...more

Colorado Proposes New Telehealth Rules

The Colorado Medical Board proposed updated draft guidelines for the delivery of healthcare services via telehealth, as well as remote prescribing for new patients. Recognizing that “using telehealth technologies in the...more

Don't Fumble Your HIPAA Obligations: Ensure Your HIPAA Playbook Implements Appropriate Protections for Patients

The injuries suffered by a professional football player brought the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations ("HIPAA") onto center stage of the media during the days...more

CMS Releases CY 2016 OPPS Proposed Rule With Updates to Two-Midnight Rule and Other IPPS Proposals

On July 1, 2015, the Centers for Medicare and Medicaid Services (CMS) released the calendar year (CY) 2016 outpatient prospective payment system (OPPS)/ambulatory surgical center (ASC) payment system proposed rule that...more

HIPAA and Jason Pierre-Paul’s Medical Chart – Setting the Record Straight

Last night, ESPN reporter Adam Schefter tweeted a photo of New York Giants defensive end Jason Pierre-Paul’s medical chart, which chart indicated that Pierre Paul had his index finger amputated. The amputation was apparently...more

2015 Data Breach Legislation Six Month Review: Many Proposals, Few Changes

The heat of summer may be upon us, but in Congress and in many state legislatures the attitude toward passing major data breach legislation has considerably cooled. We predicted some months ago that 2015 might be the...more

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