News & Analysis as of

Protected Health Information CMIA

Troutman Pepper

New California Law Imposes Significant Data Management Requirements for Sensitive Health Data

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On January 1, California's Assembly Bill No. 352 (AB 352) went into effect, introducing significant changes to the handling and sharing of sensitive health information — particularly information related to reproductive health...more

Manatt, Phelps & Phillips, LLP

FTC and HHS Send Letter Warning of Risks From Online Tracking Technologies

On July 20, 2023, the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) and the Federal Trade Commission (FTC) sent a joint letter to approximately 130 hospital systems and telehealth...more

Manatt, Phelps & Phillips, LLP

Health App Providers May Have Confidentiality Obligations Under State Law

The wave of new state legislation limiting abortion access has raised concerns about the privacy and security of reproductive health data not subject to the Health Insurance Portability and Accountability Act (HIPAA). Some...more

Robinson+Cole Data Privacy + Security Insider

CCPA Amendments Signed by Governor Newsom

Recently we wrote about two amendments to the California Consumer Privacy Act of 2018 (CCPA) that were awaiting signature on Governor Newsom’s desk: AB 1281 – which extends the one-year exemptions for employee information and...more

McDermott Will & Emery

California Bill Proposes CCPA Exceptions for HIPAA De-identified Information, Other Health Data

McDermott Will & Emery on

On January 6, 2020, the California State Senate’s Health Committee unanimously approved California AB 713, a bill that would amend the California Consumer Privacy Act (CCPA) to except from CCPA requirements additional...more

Buchalter

The California Consumer Privacy Act’s Applicability to the Health Care Industry

Buchalter on

Health care providers are familiar with their obligations regarding protected health information (“PHI”) under the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (“HIPAA”) and...more

Foley & Lardner LLP

Is My Telehealth App Subject to HIPAA?

Foley & Lardner LLP on

Many telehealth and mHealth app developers are concerned about whether or not their app is a medical device under FDA regulations (and rightfully so), they often pay less attention to the Health Insurance Portability and...more

Carlton Fields

Protections Governing Theft and Publication of Medical Records

Carlton Fields on

As instances of medical data breaches increase, U.S. courts are interpreting the scope of liability stemming from them. In California, the court in Sutter Health et al. v. The Superior Court of Sacramento County (Atkins) held...more

Cozen O'Connor

California Health Care Providers Successfully Ward Off Data Breach Lawsuits

Cozen O'Connor on

In a pair of recent cases, two California health care providers successfully warded off lawsuits arising from unauthorized data breaches of patient files. These cases illustrate that improper disclosure of electronically...more

Pillsbury Winthrop Shaw Pittman LLP

No Harm, No Foul – Appellate Court Finds No CMIA Claim Without Actual Injury

California’s Confidentiality of Medical Information Act, Cal. Civ. Code § 56 et seq. (“CMIA”), provides that an individual may recover $1,000 nominal damages (plus actual damages if any) based on the negligent release of...more

Davis Wright Tremaine LLP

Appellate Court Rules Medical Information Must Actually Have Been Viewed by an Unauthorized Person for a Plaintiff to Recover...

The California Court of Appeal recently held that in order to recover under California’s Confidentiality of Medical Information Act (CMIA), Civ. Code §§ 56 et seq., a plaintiff must plead and prove that the “stolen medical...more

Pillsbury Winthrop Shaw Pittman LLP

California Court Limits Liability for Loss of Certain Patient Information under CMIA

California appellate courts are clarifying potential liability under California’s Confidentiality of Medical Information Act, Cal. Civ. Code § 56 et seq. (“CMIA”) of health care providers, health plans, pharmaceutical...more

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