A recent decision of the Ontario Court of Appeal has clarified the scope of the tort of “intrusion upon seclusion” first recognized by the same court in Jones v. Tsige in 2012. In Hopkins v. Kay, a proposed class action...more
The delivery of health care – and payment for that care – is a complex endeavor, and health care providers and health plans rely on third parties to help them operate as businesses and fulfill their responsibilities to...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
The California Court of Appeal recently held that the release of an index identifying hospital patients did not constitute the release of medical information under California’s Confidentiality of Medical Information Act...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
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
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 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
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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