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Penalties Health Insurance Portability and Accountability Act (HIPAA)

Holland & Knight LLP

Five Red Flags in De-identification and Data Monetization for Healthcare Companies

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Healthcare providers running on thin margins or just seeking new (and in the case of tax-exempt providers, permissible) revenue sources may jump at the chance when third party vendors offer to help them monetize their patient...more

King & Spalding

Maryland Online Data Privacy Act

King & Spalding on

On May 9, 2024, Maryland Governor Wes Moore signed the Maryland Online Data Privacy Act of 2024 (“MODPA”) into law. This makes Maryland the fifth state this year and eighteenth state in total to adopt comprehensive data...more

King & Spalding

FTC Announces Final Rule Sweeping Consumer Digital Health Tech Under the Health Breach Notification Rule

King & Spalding on

On April 26, the Federal Trade Commission (FTC) approved its Final Rule revising the Health Breach Notification Rule (HBNR) (“Final Rule”) by a 3-2 vote. The HBNR requires vendors of personal health records (PHR) and related...more

Holland & Hart LLP

Avoiding HIPAA Penalties: A Checklist for Covered Entities

Holland & Hart LLP on

The HIPAA Privacy, Security, and Breach Notification Rules apply to healthcare providers who engage in certain electronic transactions, healthcare clearinghouses, and health plans, including employee group health plans with...more

Mintz - Privacy & Cybersecurity Viewpoints

Maryland Enacts Sweeping Privacy Reform

The push by U.S. states to pass data privacy laws continues with Maryland being the 18th state to join their ranks. However, Maryland has taken a more stringent and comprehensive approach than many of its peers: Governor Wes...more

Mintz - Privacy & Cybersecurity Viewpoints

Maryland Says “Don’t Mess with Kids”

As U.S. states continue to pass data privacy legislation, Maryland has gone above and beyond in signing both the Maryland Online Data Privacy Act of 2024 (MODPA) and the Maryland Age Appropriate Design Code (HB 603/SB...more

Dechert LLP

Dechert Cyber Bits - Issue 54

Dechert LLP on

European Data Protection Board Publishes Strategy for 2024-27 - The European Data Protection Board (“EDPB” - the EU body tasked with promoting consistency and cooperation in enforcement of the GDPR) has outlined its...more

White & Case LLP

Kentucky Enacts Comprehensive Data Privacy Law

White & Case LLP on

On April 4, 2024, Kentucky joined the rapidly growing number of states adopting a comprehensive data privacy law, when Governor Andy Beshear signed, the Kentucky Consumer Data Protection Act ("Kentucky CDPA"). The law will...more

Mintz - Privacy & Cybersecurity Viewpoints

Live Free and Protect: New Hampshire Joins the Growing List of States to Adopt a Comprehensive Data Privacy Law in 2024

New Hampshire’s New Law is on the Books - 2023 was a record-breaking year, with legislators in Delaware, Indiana, Iowa, Montana, Oregon, Tennessee and Texas passing comprehensive data privacy laws, joining California,...more

Mintz - Health Care Viewpoints

HHS Health Care Cybersecurity Performance Goals: Proposed Incentives, Penalties and Compliance Standards

As promised in the U.S. Department of Health and Human Services (HHS) concept paper in December 2023, the agency published voluntary health care and public health cybersecurity performance goals (HPH CPGs) in January 2024 and...more

Davis Wright Tremaine LLP

New York City Employers Must Post and Distribute Recently Issued "Workers' Bill of Rights"

By July 1, 2024, employers in New York City are required to post and provide their employees with a "Workers' Bill of Rights," which has now been issued by the Department of Consumer and Worker Protection ("DCWP"). DCWP also...more

Sheppard Mullin Richter & Hampton LLP

HHS Announces 42 Part 2 Final Rule to Align with HIPAA

The U.S. Department of Health and Human Services (HHS) and the Substance Abuse and Mental Health Services Administration (SAMHSA) recently released the long anticipated Final Rule to revise the Confidentiality of Substance...more

Davis Wright Tremaine LLP

Old Rule, New Tricks: HHS Finalizes Most Substantial Changes to Substance Use Disorder Confidentiality Rule in Decades

The long-anticipated final rule addressing substance use disorder (SUD) records at 42 C.F.R. Part 2, commonly referred to as Part 2, is here. The final rule is a joint undertaking by the U.S. Department of Health and Human...more

Foley & Lardner LLP

HIPAA and Part 2 Harmonized: What Health Care Organizations Need to Know

Foley & Lardner LLP on

Substance Use Disorder (SUD) programs and HIPAA-regulated entities seeking to streamline their privacy and security practices and workflows received welcome news from the U.S. Department of Health & Human Services (HHS) last...more

Skadden, Arps, Slate, Meagher & Flom LLP

California’s Data Deletion Law Imposes a Host of New Obligations on Data Brokers

On October 10, 2023, California Gov. Gavin Newsom signed into law Senate Bill 362, also known as the Delete Act, allowing California residents to have their personal information deleted by all registered data brokers...more

Akin Gump Strauss Hauer & Feld LLP

California’s New DELETE Act Grants Residents Historic New Data Rights

In a key move to further expand consumer data rights, California Gov. Gavin Newson signed The Delete Act (S.B. 362) (the Act) into law on October 10, 2023. The Act amends California’s data broker registration law (Cal. Civ....more

Snell & Wilmer

2023 End-of-Year Plan Sponsor “To Do” Lists (Part 1) Health and Welfare

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We are pleased to present our annual End of Year Plan Sponsor “To Do” Lists. This year, we present our “To Do” Lists in four separate Employee Benefits Updates. This Part 1 covers year-end health and welfare plan issues....more

Proskauer - Health Care Law Brief

OIG Issues Final Information Blocking Enforcement Rule and Highlights the Potential for Referrals to the FTC and FCA Liability

On June 27, 2023, the Office of Inspector General (“OIG”) for the U.S. Department of Health and Human Services (“HHS”) released its final rule (“Final Rule”) implementing penalties for information blocking....more

Health Care Compliance Association (HCCA)

Revised Privacy Rule May Not Emerge for Two Years; Info Blocking Penalty Regulation Published

Report on Patient Privacy Volume 23, no 7 (July 2023) In two public talks this spring, Melanie Fontes Rainer, director of the HHS Office for Civil Rights (OCR), said completing the 2021 proposed regulation extensively...more

ArentFox Schiff

Nevada and Washington State Pass Far-Reaching Consumer Health Data Privacy Laws

ArentFox Schiff on

As more states adopt consumer data privacy laws, Nevada and Washington stand out for their recent passage of legislation aimed specifically at protecting “consumer health data.” Both states’ laws are notably broad in their...more

Mintz - Privacy & Cybersecurity Viewpoints

Florida Governor Signs Data Privacy Law Focused on Children, Search Engines and Billion Dollar Businesses

Florida has joined the growing list of states enacting comprehensive privacy laws. Governor Ron DeSantis (R) signed the Florida Digital Bill of Rights (“FDBR”) into law on June 6th. How does it compare?...more

Mintz - Privacy & Cybersecurity Viewpoints

Mintz May Madness: Tennessee’s Information Protection Act Gets Us Thinking About NIST(y) Safe Harbors

The Volunteer State became the eighth state to enact a comprehensive data privacy law after Gov. Bill Lee (R) signed the Tennessee Information Protection Act (“TIPA”) into law yesterday, May 11. Tennessee joins a growing...more

Mintz - Privacy & Cybersecurity Viewpoints

Mintz May Madness: Comprehensive Data Privacy Laws Sweeping the Nation

Indiana's New Law is on the Books - Last month, three more state legislatures passed comprehensive data privacy laws. Just this week, Indiana’s governor signed one of them - the Indiana Consumer Data Privacy Act (“ICDPA’) -...more

Mintz - Health Care Viewpoints

Federal Trade Commission’s GoodRx Settlement: Not Just a $1.5 Million Penalty

The Federal Trade Commission (FTC) recently kicked off enforcement of its Health Breach Notification Rule (Breach Rule) by taking aim at GoodRx’s use of tracking technologies (e.g. pixels) and the sharing of consumer health...more

DarrowEverett LLP

A HIPAA Privacy Notice A Day Keeps The Doctor Away (And Out Of Trouble)

DarrowEverett LLP on

The start of 2023 has brought with it significant changes to data privacy – new state laws concerning data privacy came into effect January 1 (the California Privacy Rights Act and the Virginia Consumer Data Protection Act),...more

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