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Medical Records Health Insurance Portability and Accountability Act (HIPAA) Patient Privacy Rights

Alston & Bird

FTC’s Updated Health Breach Notification Rule Now in Effect

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The revamped Health Breach Notification Rule by the Federal Trade Commission (FTC) took effect on July 29, 2024, expanding consumer privacy protections to the users of online health platforms and health and wellness apps. Our...more

Manatt, Phelps & Phillips, LLP

[Webinar] Understanding Recent Developments in Health Care Privacy Laws - July 24th, 10:00 am - 11:00 am PST

This year, the federal government has made significant changes to longstanding health care privacy rules, while state lawmakers continue to enact privacy restrictions on consumer health data. These reforms modify legal...more

Hendershot Cowart P.C.

Stricter Than HIPAA: Is Your Substance Abuse Or Mental Health Program In Compliance With 42 CFR Part 2? - UPDATED May 2024

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To protect patients seeking addiction treatment, the federal government passed strict regulations limiting the disclosure of substance abuse patient records. Substance abuse treatment programs must not only comply with the...more

Robinson+Cole Data Privacy + Security Insider

OCR Issues Final Rule for Reproductive Privacy

The Office for Civil Rights (OCR) of the Department of Health and Human Services (HHS) recently issued its Final Rule to modify HIPAA “to support reproductive health care privacy.” The Final Rule is in response to Executive...more

Williams Mullen

42 CFR Part 2 Final Rule Harmonizes Substance Use Disorder Confidentiality Protections with HIPAA

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On February 8, 2024, the federal Confidentiality of Substance Use Disorder (SUD) Patient Records regulations at 42 CFR Part 2 (Part 2) were revised in part to increase patient protection and streamline patient consent...more

Fox Rothschild LLP

Confidentiality of Substance Use Disorder Records Now More Closely Aligned With HIPAA

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Today the U.S. Department of Health & Human Services (HHS) finalized rules published in December of 2022 changing the requirements for handling SUD patient information governed by 45 CFR part 2 (Part 2)....more

U.S. Legal Support

A Guide to Medical Record Retrieval

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Some documents you collect during discovery and litigation preparation are straightforward—like deeds, trial transcripts, or insurance policies. Medical records, on the other hand, are not always as simple.  From tracking...more

U.S. Legal Support

What Law Firms Should Know About HIPAA Compliance

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A legal case that involves any type of injury, illness, or healthcare means accessing medical records, either for your client or the opposition. Regardless of whether you use them for direct evidence or background...more

Nelson Mullins Riley & Scarborough LLP

Proposed Changes to Confidentiality of Substance Use Disorder Patient Records Rules Would Support Better Care, Decrease Stigma,...

Amid the ongoing proliferation of headlines about the mental health crisis in the United States, of which substance use disorder is a large part, the recent issuance by the U.S. Department of Health and Human Services (HHS)...more

Davis Wright Tremaine LLP

Deadline Approaching for Comments on Proposed Changes to Substance Use Disorder Confidentiality Rule

The Department of Health and Human Services ("HHS") has proposed amendments to the Confidentiality of Substance Use Disorder Patient Records Rule, 42 C.F.R. part 2 (the "Part 2 Rule") with a comment deadline of January 31....more

Hogan Lovells

HHS proposes significant changes to Part 2 substance use disorder records regulations

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The U.S. Department of Health and Human Services (HHS) has proposed to significantly revise rules governing patient records in substance use disorder (SUD) programs, commonly known as the Part 2 rules, with important...more

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 22, Number 10. Privacy Briefs: October 2022

Report on Patient Privacy 22, no. 10 (October, 2022) - Thirty Democratic senators led by Sen. Patty Murray, D-Wash., have called on HHS to strengthen federal privacy protections under HIPAA to broadly restrict providers...more

Manatt, Phelps & Phillips, LLP

OCR Issues Guidance on Protection of Reproductive Health Data

In the wake of the Supreme Court’s ruling in Dobbs v. Jackson Women’s Health Organization, the Department of Health and Human Services Office for Civil Rights (OCR) yesterday issued guidance addressing how the Health...more

Robinson+Cole Data Privacy + Security Insider

No Private Right of Action under HIPAA, but State Law Claims May Still be Asserted

A federal district court in Montana has confirmed that HIPAA precludes a private right of action for patients to claim an unauthorized access, use, or disclosure of protected health information.  ...more

Akerman LLP - Health Law Rx

FTC Warns Health App Vendors: Comply with the Health Breach Notification Rule or Pay the Penalty!

Vendors of health applications (“health apps”) and connected devices that collect or use individuals’ health information, along with their service providers, are now on notice that they must provide timely notice to consumers...more

Jackson Lewis P.C.

Fourth Circuit Court Of Appeals Holds HIPAA Does Not Create A Private Right of Action

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There is no private cause of action to address an improper disclosure of medical information under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), the U.S. Court of Appeals for the Fourth Circuit has...more

Health Care Compliance Association (HCCA)

After a Breach Is Too Late: Ensure BA, Subcontractor Compliance Now

Report on Patient Privacy 21, no. 3 (March 2021) - Sometime during the fall, a worker for a subcontractor of Humana Inc. decided to share actual member information from medical records via a Google document with people he...more

Health Care Compliance Association (HCCA)

Compliance Perspective: What's New in Healthcare Privacy

Recently the Health Care Compliance Association released the new Health Care Privacy Handbook, 3rd Edition. https://www.hcca-info.org/health-care-privacy-handbook To learn what’s new in the book and in healthcare privacy...more

Baker Donelson

OCR Issues Notice of Proposed Rulemaking Proposing Changes to HIPAA Privacy Rule

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On December 10, the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) issued a Notice of Proposed Rulemaking (NPRM) announcing its plan to modify the Health Insurance Portability and...more

Holland & Knight LLP

Proposed HIPAA Changes to Promote Coordinated Care

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Privacy revisions under the Health Insurance Portability and Accountability Act (HIPAA) may be on the horizon, with some potential changes that could benefit both patients and the healthcare industry. Other changes, if...more

Poyner Spruill LLP

Class Actions Emerge under the HIPAA and HITECH Right of Access Initiative

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In the wake of the 2019 United States Department of Health and Human Services, Office of Civil Rights (“OCR”) enforcement actions against Bayfront Health St. Petersburg (“Bayfront”) and Korunda Medical, LLC (“Korunda”)...more

King & Spalding

OCR’s HIPAA Right of Access Initiative Enforcement Trend Continues with Five New Settlements

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This month, OCR announced that it had settled five more investigations and enforcement actions under its HIPAA Right of Access Initiative. OCR first announced its HIPAA Right of Access Initiative in 2019. The HIPAA Right of...more

Brooks Pierce

Office for Civil Rights Settles Five Investigations in HIPAA Right of Access Initiative: Don’t Give Your Patients Any Reason to...

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Recent enforcement actions by the Office for Civil Rights (OCR) underscore the importance of providing patients with copies of their protected health information (PHI) as required by HIPAA. Failure to provide access exposes...more

Health Care Compliance Association (HCCA)

For Many, 'There Is a Price': Multipronged Efforts Needed to Thwart HIPAA Violators

Report on Patient Privacy 20, no. 9 (September 2020) - The fact that people are the weakest link in compliance is a truism in the privacy and security world. But just how weak is this link, and how likely is it that...more

NAVEX

4 Ways to Protect ePHI Beyond HIPAA Compliance

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Given the choice between credit card data and digital health records, cybercriminals prefer the latter. A stolen credit card can be canceled. Electronic protected health information (ePHI) with its treasure-trove of...more

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