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Protected Health Information Insurance Industry

Array

This Week in eDiscovery: The Cost of Securing Sensitive Data, Responding to Discovery Issues

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Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of August 19-25. Here’s what’s...more

King & Spalding

New Jersey Enacts Privacy Law

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On January 8, 2024, New Jersey’s State Legislature passed the Disclosure and Accountability Transparency Act (the “Data Act”). Following Governor’s signature within 45 days, the Data Act would take effect one (1) year after...more

Perkins Coie

DHHS Updates Resources for Mobile Health App Developers

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The COVID-19 pandemic and the resulting need for patient access to remote healthcare, as well as the development of contact-tracing apps, have spotlighted the importance of health-focused mobile applications (mHealth apps)....more

Bricker Graydon LLP

Attorney General Yost announces multistate data breach settlement with Premera

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Ohio Attorney General Dave Yost recently announced a multistate settlement that will require health insurance company Premera Blue Cross to pay $10 million following a breach of protected health information (PHI). According...more

Robinson+Cole Data Privacy + Security Insider

Premera Blue Cross Settles for $10M with 30 States for 2014 Data Breach

Following an investigation led by the Washington Attorney General, Premera Blue Cross has agreed to pay $10 million to 30 states after experiencing a data breach in 2014 that compromised the Protected Health Information of...more

Eversheds Sutherland (US) LLP

New York Circular Letter No. 1 (2019) takes aim at accelerated underwriting

On January 18, 2019, the New York Department of Financial Services (NYDFS) issued a circular letter to all insurers authorized to write life insurance in New York State setting out the Department’s views concerning the use of...more

Robinson+Cole Data Privacy + Security Insider

Massachusetts PATCH Act, Requires Additional Protection for Certain Confidential Health Care Information

Earlier this year, Governor Charlie Baker signed into law an Act to Protect Access to Confidential Healthcare (the PATCH Act), which prevents information regarding “sensitive health care services” from being shared with...more

Hogan Lovells

Aetna $17.2 Million Breach Settlement Brings Lessons for Handling Health Data

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Aetna will pay almost $17.2 million to settle a federal class action lawsuit stemming from a 2017 mailing that disclosed the HIV status of health plan members. ...more

Patterson Belknap Webb & Tyler LLP

Aetna and its Vendor Face Class Action Lawsuit over HIV Disclosure

A Pennsylvania man has filed a class action lawsuit against Aetna Inc., accusing it of violating his privacy rights when the insurer mailed him prescription information in an envelope with a large, clear window that disclosed...more

Patterson Belknap Webb & Tyler LLP

Healthcare Insurer Rebuked for Exposing Policyholders’ HIV Status

Two legal advocacy groups have accused Aetna Inc. – the Hartford-based healthcare company – of “gross” breaches of privacy and confidentiality including violations of federal healthcare law when a third-party vendor...more

Hogan Lovells

New York Regulators Lead the Charge to Fill Health Data Protection Gaps Left by Federal Law

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New York AG Settles Data Protection Enforcement Against Mobile Health Apps - After a year-long investigation into mobile health apps claiming to be able to measure vital signs or health indicators through smartphone...more

Akerman LLP - Health Law Rx

Recent CyberSecurity Incidents Emphasize Importance of Cyberinsurance

As the threat of cyberattacks continues to pose daily threats to businesses large and small, more companies have turned to cyber insurance products to shore up protection against these disruptive threats. A spate of recent...more

McGuireWoods LLP

Fourth Circuit Affirms Insurance Coverage for Cyber Claim Under CGL Policy

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In a decision issued April 11, the Fourth Circuit added to a small but growing body of case law across the country finding coverage for cyber claims under traditional general liability insurance policies. In Travelers...more

Ballard Spahr LLP

Class Certification Improper in Data Breach Case, PA Appellate Court Finds

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The Pennsylvania Superior Court has affirmed a trial court's decision denying class certification in a data breach case against two health plans, reversing its own earlier ruling in the same case that the plaintiff did not...more

K&L Gates LLP

Policyholder Takeaways From Portal

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In a solid victory for policyholders, the Fourth Circuit upheld coverage last week for a potential data breach incident involving confidential medical records. The case is The Travelers Indemnity Co. of America v. Portal...more

BakerHostetler

When a Published Data Breach is a Covered Data Breach

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Can an inadvertent Internet posting of a patient’s medical information trigger insurance coverage for liability stemming from a data-breach class action? The Fourth Circuit held last week that it can, and it added to the...more

Orrick, Herrington & Sutcliffe LLP

Fourth Circuit Finds Potential Coverage For Data Leak As Publication Under CGL Policy

This week, a Fourth Circuit panel in an unpublished decision validated arguments long made by policyholders: that commercial general liability policies may provide coverage for certain data breach liabilities. In this case,...more

Neal, Gerber & Eisenberg LLP

Big Win For Policyholders in Fourth Circuit Finding Duty to Defend Under General Liability Policy for Data Breach!

This week, the Fourth Circuit affirmed the lower court’s ruling of summary judgment in favor of the policyholder Portal Healthcare, finding that Travelers has a duty to defend it under a General Liability policy for a...more

Obermayer Rebmann Maxwell & Hippel LLP

High Cost of HIPAA Violations Demonstrated in $3.5 Million Settlement

Triple-S Management Corporation (“Triple-S”), on behalf of its wholly-owned subsidiaries, Triple-S Salud, Inc., Triple-C, Inc., and Triple-S Advantage, Inc., has agreed to pay $3.5 million as part of a Resolution Agreement...more

K&L Gates LLP

The Devil in the “Cyber” Insurance Details

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There’s a tempest amidst the recent spring shower of “cyber” insurance cases. It isn’t the Recall Total case reported the week before last, or the Travelers v. Federal Recovery Services case reported the week before. While...more

Carlton Fields

Is Your Company Ready to Comply with Encryption of Individually Identifiable Health Information?

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New Jersey’s new data privacy standard, signed into law as S. 562 by Gov. Chris Christie on January 9, requires health insurance carriers that are authorized to issue health benefit plans in New Jersey to protect individually...more

King & Spalding

State Legislatures React To Latest Health Data Breaches By Updating State Data Breach Notification Laws And Encryption...

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Recent, large-scale breaches of health information have served to highlight the fact that federal agencies have only rarely assessed penalties against companies as a result of these breaches, while many states do not have...more

Locke Lord LLP

New Jersey Imposes Unique Encryption Requirements

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Effective August 1, 2015, New Jersey will require health insurance carriers authorized to issue health benefit plans in New Jersey to encrypt personal information that they store electronically....more

Cozen O'Connor

Cybersecurity Attack on Anthem, Inc. Highlights the Cybersecurity Risks for All Companies Handling Electronic Medical Records

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Health care providers, insurers and all who handle information on their behalf were put on notice last week that cybersecurity must be a high priority for their organizations. ...more

Epstein Becker & Green

Beyond HIPAA: New Jersey Law Requires Encryption of Personal Data by Health Insurance Carriers

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In response to data breaches that have occurred across the United States, several of which involved the theft of laptop computers, beginning August 1, 2015, health insurance carriers in New Jersey will be obligated to do more...more

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