News & Analysis as of

Protected Health Information Social Media

King & Spalding

Florida Digital Bill of Rights

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On June 6, 2023, the Florida Digital Bill of Rights (“FDBR”) was signed into law, and goes into effect on July 1, 2024 with some exceptions—the prohibition of government-directed content moderation of social media platforms...more

BakerHostetler

DSIR Deeper Dive: Plaintiffs’ Attorneys Are Trying to Assert a New Cause of Action Against Universities Based on an Old Law...

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As set forth in BakerHostetler’s 2023 Data Security Incident Report, privacy litigation is on the rise. Indeed, 2023 saw a nearly 100 percent increase from 2022 in the number of lawsuits filed in connection with data security...more

Benesch

As Connecticut Data Protection Law Comes into Effect, New Law Amends - and Adds - Key Provisions

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A recently passed law in Connecticut adds in specific protections on sub-sets of consumer health data, creates new rights related to social media, and clarifies requirements related to children’s data....more

Jackson Lewis P.C.

Connecticut Adds Protections for Health Data and Minors to Privacy Law

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On June 26, 2023, the Governor of Connecticut signed Senate Bill (SB) 3 which set forth new requirements related to consumer health data and protections for minors online. As Connecticut’s comprehensive consumer privacy...more

Latham & Watkins LLP

Connecticut Passes Significant Amendments to the Connecticut Data Privacy Act

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Covered companies will need to take additional steps to comply with the law in light of the new obligations relating to consumer health data and minors under 18 years old. On June 6, 2023, the Connecticut legislature...more

Davis Wright Tremaine LLP

Connecticut Expands Regulation of Consumer Data Privacy

The Connecticut legislature passed and the governor recently signed amendments to the Connecticut Data Privacy Act (CTDPA), the state's comprehensive consumer data privacy law, which goes into effect July 1, 2023. Some...more

Rivkin Radler LLP

NJ Psychiatric Practice Fined for HIPAA Privacy Rule Violation

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The U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) recently announced that Manasa Health Center in Kendall Park, New Jersey entered into a Resolution Agreement and Corrective Action Plan to...more

Hinch Newman LLP

Roundup of FTC Consumer Protection Matters of Interest to Digital Advertisers: March 2023

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In March 2023, the Federal Trade Commission announced a number of consumer protection actions involving data privacy, COVID health claims, a robocall debt relief pitch scheme, and alleged harmful noncompete restrictions. The...more

Sheppard Mullin Richter & Hampton LLP

ICYMI: HIPAA and Social Media IRL

Social media’s interplay with healthcare privacy presents a constantly evolving challenge. ICYMI (“in case you missed it”), there is an uptick in enforcement and scrutiny IRL (“in real life”) related to communications through...more

Epstein Becker & Green

FTC Brings Enforcement Action under FTC Act and Health Breach Notification Rule Based on GoodRx’s Use of Advertising Tracking...

On February 1, 2023, the FTC announced a proposed $1.5 million settlement with GoodRx Holdings, based on alleged violations of the Federal Trade Commission Act (“FTC Act”) and Health Breach Notification Rule (“HBNR”) for...more

Rivkin Radler LLP

Don’t Post Patient Info on Social Media!

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I don’t know how to say it any more clearly. Somehow, medical and dental practices continue to get roped into responding to negative patient reviews on Yelp, Google, or elsewhere online, and posting any identifying...more

Orrick, Herrington & Sutcliffe LLP

Social media users denied preliminary injunction in privacy suit

On December 22, the U.S. District Court for the Northern District of California denied plaintiffs’ motion for preliminary injunction in a privacy suit. According to the order, the plaintiffs alleged that the social media...more

Mintz - Health Care Viewpoints

OCR Warns Providers Against Disclosing PHI on Social Media Platforms in Response to Negative Reviews in Settlement with Dental...

As illustrated by a recent Office for Civil Rights (OCR) settlement with a dental practice, health care entities continue to struggle with how to respond to negative online reviews while maintaining compliance with the HIPAA...more

ArentFox Schiff

Disclosing Patient Information in Responses to Online Reviews: Recent OCR Enforcement Action Is a Cautionary Tale

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The HHS Office for Civil Rights (OCR) recently imposed a $50,000 civil monetary penalty on a dental practice that disclosed patient-identifying information in response to a negative online review. The case is a reminder that...more

McDermott Will & Emery

[Webinar] Protecting the Telehealth Consumer: FTC and State-Based Considerations - June 22nd, 12:00 pm - 1:00 pm EDT

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As the COVID-19 pandemic in the United States is easing, telemedicine is facing an important crossroads. While telehealth services have demonstrated their value as an integral part of care delivery, federal and state waivers...more

Clark Hill PLC

Relaxed HIPAA Restrictions For Providers Using Telehealth

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The COVID-19 outbreak has led OCR to announce that it will exercise enforcement discretion to not impose penalties for HIPAA violations against healthcare providers treating patients through some commonly used social media...more

Brownstein Hyatt Farber Schreck

No Practice Is Too Small to Ignore Risks of Disclosing PHI on Social Media

An unsurprisingly large number of medical and dental practices regularly monitor patient reviews or opinions posted on social media in order to, among other things, respond to unfairly negative or even blatantly false patient...more

Hinshaw & Culbertson LLP

Health Providers Must Ensure Social Media Interactions Protect Patients' Protected Health Information

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It can be tempting for a business to push back on a negative review on social media. However, health care providers cannot disclose patients' protected health information (PHI) in response to negative reviews posted on social...more

Akerman LLP - Health Law Rx

Healthcare Providers Must Remember HIPAA Before Responding to Online Reviews

The latest HIPAA resolution agreement by the U.S. Department of Health and Human Services Office for Civil Rights (OCR) is a reminder that healthcare providers must take the high road when responding to unflattering online...more

Ballard Spahr LLP

OCR Announces $10,000 Settlement for Disclosure of Patients’ PHI through Social Media

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The Office for Civil Rights (OCR) at the Department of Health and Human Services announced it reached a settlement with Elite Dental Associates of Dallas (Elite) to resolve a complaint alleging Elite impermissibly disclosed a...more

McGuireWoods LLP

From Yelp to YIKES! Dental Practice’s Social Media Posts Result in $10,000 HIPAA Settlement

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Social media posts have become so common and reflexive that people often fire off posts without appropriately considering the consequences. This can be costly on multiple fronts. In the health care context, beyond the risk...more

Manatt, Phelps & Phillips, LLP

Guide to Sweepstakes and Contests Laws for Healthcare Organizations

Editor’s Note: Prize promotions—such as sweepstakes, contests and giveaways—are popular and effective ways for healthcare organizations to attract, engage and retain customers; increase brand awareness; and, for nonprofits,...more

Fox Rothschild LLP

“Getting Receipts” – The Millennial Disconnect Between Short-Term Social Media Posts And HIPAA

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Long gone are the days when social media consisted solely of Myspace® and Facebook®, accessible only by logging in through a desktop computer at home or personal laptop. With every single social media platform readily...more

Robinson+Cole Data Privacy + Security Insider

New Hampshire Psychiatric Hospital Patient Records Posted Online by Former Patient

The New Hampshire Department of Health and Human Services has notified up to 15,000 patients of its psychiatric hospital (New Hampshire Hospital) that their names, addresses, Social Security numbers, Medicaid ID numbers and...more

Mintz - Privacy & Cybersecurity Viewpoints

Privacy Tuesday – November 2014 – Five Things to Start Your Week

Welcome to Privacy Tuesday – here are five privacy & security bits and bytes to start your week: 1) California AG’s Data Breach Report: Who Is Handling Your Patients’ Confidential Health Information? - The...more

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