News & Analysis as of

Data Breach Class Actions: Don’t Overlook Standing Defense Just Because Plaintiff Alleges Identity Theft

A New Jersey federal district court recently dismissed the putative class action claims of four plaintiffs against a health care defendant following the theft of two password-protected laptops allegedly containing personal...more

Why You Need a Privacy Policy – Part 2: Avoiding Three Common Fumbles

In Part 1, we covered some basic privacy policy concepts. Here in Part 2, we address three problems associated with privacy policies in practice. 1. You Don’t Have One, But You Really Should - There is no...more

White House Previews Ambitious (if Familiar) Privacy and Cybersecurity Proposals for 2015

On January 20, 2015, President Obama will address Congress with his annual State of the Union report. On Monday, the president spoke at the Federal Trade Commission, providing a “sneak peek” of the privacy and cybersecurity...more

Blog: 23andMe Advances Its Goal of Creating Commercialized Database from Consumer Genetic Testing

On January 12, 23andMe announced an agreement with Pfizer to provide the drug company with access to anonymous, aggregated information from consumers who bought 23andMe’s test over the past seven years to learn about their...more

IP|Trend: It’s Time to Get to Know the Federal Trade Commission [Video]

Like it or not, the Federal Trade Commission (FTC) has injected itself into regulating and monitoring data privacy practices of corporations. Attorneys Seth Northrop and Richard Martinez discuss what this means for companies...more

Final Rule Expands Access to Laboratory Records

On February 6, 2014, the Department of Health and Human Services (HHS) released a Final Rule that amends the Clinical Laboratory Improvement Amendments of 1988 (CLIA) and the Health Insurance Portability and Accountability...more

New Privacy Rule Gives Patients Right To Access Lab Test Reports

On February 6, 2014, the Centers for Medicare and Medicaid Services (CMS) and the U.S. Department of Health and Human Services Office for Civil Rights (HHS OCR) issued a final rule amending the Clinical Laboratory Improvement...more

Privacy Class Action – Theories of Liability – 2013 Year in Review

One hot area of data privacy litigation over the past several years has been data breach class actions brought under the California Confidentiality of Medical Information Act (“CMIA”), which provides that a person may recover...more

How To Catch-Up in a Revised HIPAA World

The HIPAA final omnibus rule (Omnibus Rule) made sweeping changes to the HIPAA Privacy, Security, Breach Notification and Enforcement Rules earlier this year. Although the compliance deadline of September 23, 2013 has come...more

On the First Day of Privacy, The OCR Gave to Me...

Welcome to our series, “The 12 Days of Privacy” as we look to “gifts” that may be received this season and some of the big issues ahead …. Day One – - HIPAA 2014 – Where will the Audit Trail Lead? The year 2013...more

HHS Makes Good On Its Promise: Releases HIPAA Guidance For Refill Reminder Programs

As previously reported, HHS announced earlier this month that it would be providing clarification on the HIPAA Privacy Rule as it relates to marketing and prescription refill reminder programs. On September 19, 2013, HHS...more

Privacy Monday – September 16, 2013

Dis-Like! Senator Markey Urges the FTC to Investigate Facebook’s New Policies - As we previously reported, Facebook has proposed a number of revisions to its Data Use Policy and Statement of Rights and...more

HIPAA Omnibus Rule Compliance: Is Your Practice Ready?

On January 17, 2013, the United States Department of Health and Human Services released a Final Rule, commonly known as the “HIPAA Omnibus Rule,” which included significant changes to the HIPAA compliance requirements for...more

Business Associate Agreements: Time to Update

If you sponsor a group health plan that is subject to the HIPAA Privacy and Security Rules, it is time to review and potentially update your business associate agreements....more

HIPAA compliance deadline approaching: Five steps to ensure you are ready

The September 23, 2013 deadline for covered entities, business associates and their subcontractors to comply with new HIPAA rules is fast approaching....more

HIPAA Omnibus Final Rule Compliance Date Is Only Two Months Away

The compliance date for the omnibus final rule amending the privacy, security, breach notification and enforcement regulations under the Health Insurance Portability and Accountability Act (HIPAA) and the Health Information...more

Privacy Monday – July 22, 2013

Privacy gaffes and tidbits to start your week. Keeping up with Kardashians is NOT a defense under HIPAA - The LA Times recently reported the firing of six workers at Cedars-Sinai Medical Center in connection...more

HIPAA and the Omnibus Rule: How to Assess Whether and What your Company Must Do to Comply

A key amendment to the Health Insurance Portability and Accountability Act (“HIPAA”) called the “Omnibus Rule” took effect on March 26, 2013. The Omnibus Rule impacts both companies that directly collect protected health...more

Are Your HIPAA Privacy Policies Up to Date?

If you haven’t focused on HIPAA lately, now is the time....more

OCR Publishes HIPAA Guides for Providers and Consumers

Understanding the complexities of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy and Security Rules is often a challenge for health care providers and consumers. Recognizing the widespread...more

HIPAA Final Omnibus Rule – published Jan. 25, 2013

Six Points Health Care Professionals and Organizations (and those who do business with them) Need To Know NOW: - Possible fines have increased dramatically. Under prior law, fines were capped at $100 per violation, with...more

Final HIPAA Regulations: What's Changed (and What Hasn't) for Group Health Plans

The Office for Civil Rights of the Department of Health and Human Services (“OCR”) has issued final regulations modifying the Health Insurance Portability and Accountability Act (“HIPAA”) Privacy, Security, Breach...more

Now Is The Time To Revise Your Business Associate Agreements and Notice of Privacy Practices

There is a lot of confusion among providers caused by therecent publication of new rules under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). On January 25, 2013, the HIPAA final omnibus rule...more

Burr Alert: New HIPAA Rules Issued: “Sweeping” Changes For Healthcare Providers And Business Associates

On January 17, 2013, the Department of Health and Human Services (“HHS”) released its long awaited final HIPAA rule, which significantly expands certain obligations for healthcare providers and their business associates (the...more

McAfee & Taft Healthcare Industry Alert: New HIPAA regulations - Begin your compliance review now

On January 17, 2013, the Department of Health and Human Services issued a final rule amending the Health Insurance Portability and Accountability Act (HIPAA) privacy and security regulations and implementing the Health...more

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