News & Analysis as of

Personally Identifiable Information Electronic Protected Health Information (ePHI)

Carlton Fields

Change Healthcare Cyberattack Emphasizes Importance of Cybersecurity Readiness; Considerations for Hardening Your Cybersecurity...

Carlton Fields on

As the health care industry continues reeling from the recent Change Healthcare ransomware attack that crippled large portions of the U.S. health care system, health care providers are naturally reminded of the importance of...more

Quarles & Brady LLP

Friendly Reminder - Finalize and Post Your Consumer Health Data Privacy Notice Before March 31

Quarles & Brady LLP on

Friendly reminder – the Washington My Health My Data Act (“WMHMDA”) compliance deadline for regulated entities to post their consumer health data privacy policy is March 31, 2024 (June 30, 2024 for small businesses). A...more

Seyfarth Shaw LLP

Wellness Apps and Privacy

Seyfarth Shaw LLP on

Employers looking to enhance their suite of employee benefit programs, and focused on lessons learned during the pandemic on wellbeing, are interested in providing greater access to wellness tools. And, the vendors who...more

Manatt, Phelps & Phillips, LLP

New York Proposes Cybersecurity Regulations for Hospitals

Governor Kathy Hochul has released new cybersecurity requirements for hospitals in New York, requiring that they implement minimum cybersecurity controls to safeguard protected health information and avoid delays in care as a...more

Health Care Compliance Association (HCCA)

Privacy Briefs: November 2023

Report on Patient Privacy 23, no. 11 (November, 2023) The American Hospital Association (AHA) is urging federal lawmakers to intervene with the HHS Office for Civil Rights (OCR) so that hospitals and health systems can...more

Knobbe Martens

Medtronic Sued for Allegedly Sharing Health Info with Google

Knobbe Martens on

Medtronic Minimed, Inc. and Minimed Distribution Corp. (“Medtronic”) were sued in a class action complaint in the Central District of California on August 30, 2023, by users of Medtronic’s InPen® system. The lawsuit alleges...more

Health Care Compliance Association (HCCA)

Are Your Workers Data Protectors or Stewards? For Best Results, Organizations Should Foster Both

In some respects, assuring compliance with HIPAA has always been a challenge because many health care providers, particularly physicians, pride themselves on maintaining patient confidentiality—even when they aren’t. Nurses,...more

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 23, Number 1. Privacy Briefs: January 2023

Report on Patient Privacy Volume 23, no 1 (January 2023) The Centers for Medicare & Medicaid Services (CMS) said a data breach at a Medicare subcontractor impacted the personally identifiable information and protected...more

Holland & Knight LLP

HHS Offers HIPAA Guidance on Online Tracking Technologies

Holland & Knight LLP on

For years, patients and healthcare companies have been wrestling with privacy issues relating to cookies, pixels and other tracking technologies. The U.S. Department of Health and Human Services' (HHS) Office of Civil Rights...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

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 22, Number 6. Privacy Briefs: June 2022

Report on Patient Privacy 22, no. 6 (June, 2022) - A report from the HHS Health Sector Cybersecurity Coordination Center (HC3) found that in early 2022, ransomware groups increasingly turned to legitimate software during...more

Wiley Rein LLP

[Webinar] The FTC’s Changing Approach to Privacy - June 15th, 2:00 pm - 3:00 pm EDT

Wiley Rein LLP on

The Federal Trade Commission (FTC) now has a full slate of Commissioners and it is expected to ramp up privacy and cybersecurity enforcement and rulemaking in a number of critical areas. Join us for a discussion of the FTC’s...more

Reveal

Healthcare Organizations Continue to Be Under (Cyber) Attack

Reveal on

Are the moles winning? A few months ago, I wrote how the job of protecting protected health information (PHI) regulated by the Health Insurance Portability and Accountability Act (HIPAA) is becoming more like a game of...more

Robinson+Cole Data Privacy + Security Insider

SuperCare Health Hit with Another Data Breach Class Action

In the U.S. District Court for the Central District of California last week, SuperCare Health, Inc. was hit with another proposed class action based on a data breach that allegedly compromised the personal and health...more

Robinson+Cole Data Privacy + Security Insider

Another Data Breach Lawsuit for Lakeview Loan Servicing

A December 2021 breach of Lakeview Loan Servicing’s customer data has led to another proposed class action against the company in the U.S. District Court for the District of South Carolina. The breach affected the personal...more

Health Care Compliance Association (HCCA)

Hybrid Workforces and Compliance with Sheila Limmroth

Hybrid work is likely here to say, and, as Sheila Limmroth, privacy specialist at DCH Health System, and the author of the chapter Hybrid Work Environment in the Complete Healthcare Compliance Manual observes in this...more

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 22, Number 4. Privacy Briefs: April 2022

Report on Patient Privacy 22, no. 4 (April, 2022) - Dallas-based JDC Healthcare Management, which runs more than 70 dental and orthodontics practices in Texas, is notifying more than 1 million individuals about a breach...more

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 22, Number 3. Privacy Briefs: March 2022

Report on Patient Privacy 22, no. 3 (March, 2022) - HHS said in early March that it was not aware of any specific threat to U.S. health care organizations stemming from the Russian invasion of Ukraine. “However, in the...more

Reveal

Protecting Healthcare Records These Days is Like a Game of “Whac-a-Mole”

Reveal on

You’ve probably either played the game “Whac-a-Mole” yourself as a kid, or you watched your kid play it, at a Chuck E. Cheese or another similar arcade. It’s a simple game with five holes in which moles pop up and a soft...more

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 22, Number 2. Privacy Briefs: February 2022

Report on Patient Privacy 22, no. 2 (February, 2022) - Tensions between the U.S. and Russia could lead to a heightened risk of Russian state-sponsored cyberattacks on U.S. interests, including health care organizations,...more

Robinson+Cole Data Privacy + Security Insider

Reporting of Breaches Under 500 Due by March 1

HIPAA requires covered entities and business associates to report to the Office for Civil Rights (OCR) all breaches of unsecured protected health information when the incident involves fewer than 500 individuals no later than...more

Association of Certified E-Discovery...

[Webinar] Data Breach Response -- Technologies, Techniques and Technicalities - February 17th, 1:00 pm - 2:00 pm EST

The retention of prolific sensitive, personal electronic information has essentially become a responsibility inherent in the conduct of modern business. From the maintenance of medical records by a healthcare provider to the...more

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 22, Number 1. Privacy Briefs: January 2022

Report on Patient Privacy 22, no. 1 (January, 2022) - New Jersey issued its third settlement in three months on state-level health care privacy and security laws, announcing that three cancer care providers would adopt new...more

Lighthouse

Getting Personal—Wearable Devices, Data, and Compliance

Lighthouse on

Once reserved for routine doctors’ appointments, collecting health-related data has exploded as consumers start to monitor their own health metrics—everything from sleep and fertility to mental health and COVID-19—and...more

BakerHostetler

Why Everyone Is Talking About a Rarely Invoked Rule – the FTC’s Health Breach Notification Rule

BakerHostetler on

Back in September, the Federal Trade Commission (FTC) issued (by a 3-2 vote) a policy statement (the Statement) regarding the oft-forgotten Health Breach Notification Rule (the Rule). I was at the FTC when the Statement was...more

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