News & Analysis as of

Business Associate Compliance With HIPAA: Findings From a Survey of Covered Entities and Business Associates

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

California Appellate Court Requires Actual Viewing of Confidential Information in Data Breach Case Under the California Medical...

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

Stolen Patient Information on Hospital Computer Not Considered “Medical Information” by California Appellate Court

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

Top 5 takeaways on telemedicine and eHealth

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

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

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

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

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

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

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

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...

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

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

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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