News & Analysis as of

Protected Health Information Third-Party Service Provider

BakerHostetler

FTC Continues Focus on Disclosure of Health Information to Third-Party Technologies

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A recently announced settlement with online alcohol addiction treatment service Monument Inc. demonstrates the Federal Trade Commission’s (FTC) continued focus on the use and disclosure of health data. The proposed settlement...more

BakerHostetler

Change Healthcare Incident: Update on ‘Impacted Data’ Analysis and Notification Plan

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Late on March 27, Change Healthcare (CHC)’s parent company, UnitedHealth Group (UHG), provided an update on its analysis of the extent of “impacted data” involved in the CHC incident....more

U.S. Legal Support

The Benefits of Medical Records Retrieval Outsourcing

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From cases involving car crashes to employee termination disputes, there are countless reasons for legal professionals to require access to a client’s medical, employment, financial, and other records. What’s more, these...more

Holland & Knight LLP

Lawsuit Seeks to Block OCR HIPAA Guidance on Online Tracking Tools

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Hospitals care about patient privacy, but they also have to connect with the public. In the real world, people mostly connect online. Having a fully functional online presence often requires help from third parties. ...more

Console and Associates, P.C.

Mount Desert Island Hospital Notifies 24,180 of Data Breach Involving Leaked Social Security Numbers

On June 30, 2023, Mount Desert Island Hospital (“MDIH”) filed a notice of data breach with the U.S. Department of Health and Human Services Office for Civil Rights after discovering that an unauthorized party had gained...more

Husch Blackwell LLP

Business Associates Here, There, and Everywhere: When Does Your Service Provider Really Need to Sign a HIPAA Business Associate...

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The HIPAA regulations require that covered entities enter into agreements with business associates who provide certain services for the covered entity involving the receipt, use, or disclosure of protected health information....more

Polsinelli

Will a New Wave of Lawsuits Roll Into a Nationwide Tsunami? Wiretapping Litigation for Website Analytics

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2022 has seen a new wave of class action lawsuits targeting companies that use technology to track consumers’ interfaces on their websites. These lawsuits generally allege that the use of technologies such as session replay...more

Dorsey & Whitney LLP

Tracking Online User Activity: HIPAA and Other Legal Risks

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The use of tracking technologies on websites and mobile applications (e.g., cookies) has become largely ubiquitous in our technology-driven world. Health care providers and organizations, for example, may use tracking...more

Hinch Newman LLP

Roundup of Recent FTC Consumer Protection Matters of Interest to Digital Advertisers

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February 2023 has been a busy couple of months at the Federal Trade Commission. High-profile consumer protection actions and announcements span a broad spectrum of digital advertising and marketing. From “review hijacking,...more

Saul Ewing LLP

Considerations for Remote Patient Monitoring Vendors and Providers

Saul Ewing LLP on

Remote patient monitoring (“RPM”) refers to the use of digital technologies to monitor and capture medical and other health data from an individual. This data is electronically stored for an individual’s personal use or...more

Perkins Coie

DHHS Updates Resources for Mobile Health App Developers

Perkins Coie on

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

K&L Gates LLP

K&L Gates Triage: HIPAA: Do Hospitals Need a Business Associate Agreement with their Health System Parent Corporation?

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In this week’s episode, Rebecca Schaefer and Hannah Maroney discuss a string of recent HIPAA enforcement actions which demonstrate that the HHS Office of Civil Rights (OCR), the agency tasked with enforcing HIPAA, is...more

Shook, Hardy & Bacon L.L.P.

Privacy and Data Security Alert l March 2020

Shook Weighs in on Updated CCPA Regulations - In response to extensive public comment, the California Attorney General’s office released modified draft regulations under the CCPA on February 7. Shook has provided initial...more

Epstein Becker & Green

HHS Addresses Federal Court Invalidation of Certain Provisions of the HIPAA rule Relating to the Third-Party Requests for Patient...

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On January 28, 2020, the Department of Health & Human Services (“HHS”) Office for Civil Rights (“OCR”) addressed a federal court’s January 23rd invalidation of certain provisions of the Health Insurance Portability and...more

Sheppard Mullin Richter & Hampton LLP

Company’s Vendor Suffers Breach, No Business Associate Agreement, $500K OCR Settlement

A Florida staffing agency which provides physicians to hospitals and nursing homes, has agreed to a $500,000 settlement with the U.S. Department of Health and Human Services, Office for Civil Rights. The settlement comes...more

Akerman LLP - Health Law Rx

New York State Enforces Data Breach Notification Law

Earlier this month, New York Attorney General Eric Schneiderman announced his state had entered into a settlement with CoPilot Provider Support Services, Inc. (CoPilot)—a settlement resulting from CoPilot’s violation of the...more

Williams Mullen

Don’t Let a “Man in the Middle” Monkey with Your Health Data

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There are numerous causes of breaches of protected health information (PHI), ranging from human oversights to “high-tech” errors. In April, the Office for Civil Rights (OCR) within the Department of Health and Human Services...more

Bennett Jones LLP

Highly Confidential Data—A Cybersecurity Risk for Cannabis Related Businesses

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Cybersecurity is a significant business risk for any organization that collects personal data. The greater the amount of personal data collected by an organization, the greater the risk that it will be targeted by...more

Robinson+Cole Data Privacy + Security Insider

Vendor Causes Breach of Over 5,000 Patient Records

The continued risk that vendors pose to companies, including health care entities cannot be overemphasized. This week, Sentara Healthcare (Sentara) announced that one of its third-party vendors was the victim of a...more

Robinson+Cole Data Privacy + Security Insider

5 Information Governance Predictions for 2017

Information is every organization’s greatest asset. It makes up intellectual property, trade secrets and many other vital corporate assets. It’s how we in corporate America conduct business. With that said, governing and...more

Robins Kaplan LLP

The Tech Industry’s Next Frontier?

Robins Kaplan LLP on

Tongue-in-cheek references to Pokémon Go as a health App aside, maybe the tech industry is on to something. In the U.S., seven out of every ten deaths are due to chronic diseases, such as diabetes or heart disease. Perhaps...more

Polsinelli

Agencies Encourage New Privacy Regulations to Close the mHealth Black Hole and Keep Pace with Evolving Technologies

Polsinelli on

On July 19, 2016, the ONC submitted a report to Congress which suggests that health privacy regulations soon may be revised to catch up with the universe of mHealth technologies that now use and share personal health data....more

Foley & Lardner LLP

HIPAA Compliance: Navigating a Health Care Minefield

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In the two decades since its original passage, complying with the federal Health Insurance Portability and Accountability Act (HIPAA) hasn’t gotten any easier. Enacted with the primary goal of protecting the confidentiality,...more

Robinson+Cole Data Privacy + Security Insider

Raleigh Orthopedic Clinic settles with OCR for $750,000 for lack of business associate agreement

Consistent with the settlement the OCR agreed to with North Memorial Health Care of Minnesota, the Office for Civil Rights has settled its investigation of Raleigh Orthopaedic Clinic, P.A. (Raleigh Orthopaedic) for $750,000....more

Akerman LLP - Health Law Rx

Not a Check-the-Box Exercise: Failure to Have Signed BAA Results in Substantial Fine

A group practice that was the victim of a silver-harvesting scam has agreed to pay the U.S. Department of Health and Human Services (“HHS”) $750,000 to settle charges that it released protected health information (“PHI”) of...more

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