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Deadline Approaching for Comments on Proposed Changes to Substance Use Disorder Confidentiality Rule

The Department of Health and Human Services ("HHS") has proposed amendments to the Confidentiality of Substance Use Disorder Patient Records Rule, 42 C.F.R. part 2 (the "Part 2 Rule") with a comment deadline of January 31....more

FTC Health Breach Notification Rule

This year has started with the Federal Trade Commission's (FTC) renewed attention to its Health Breach Notification Rule (Breach Rule) and the publication of the Health Privacy resource page to help companies with their...more

Does the Information Blocking Rule Permit Delaying the Release of Electronic Health Information?

The 21st Century Cures Act Information Blocking Rule's applicability date of April 5, 2021, is just around the corner. Nevertheless, healthcare providers are still struggling with understanding their obligations under the new...more

Will the Biden Administration Complete the "Regulatory Sprint" With HHS' Proposed HIPAA Amendments?

On January 21, 2021, the Department of Health and Human Services (HHS) published proposed changes to the privacy rule (Privacy Rule) of the Health Insurance Portability and Accountability Act (HIPAA). This Notice of Proposed...more

Top HHS "Information Blocking" Regulatory Compliance Challenges

As the November 2 compliance date quickly approaches, healthcare providers are finding that tackling the new "information blocking" regulations from the U.S. Department of Health and Human Services requires substantial...more

Modernization? SAMHSA Falls Short in Updating 42 C.F.R. Part 2

On January 18, 2017, the Department of Health and Human Services Substance Abuse and Mental Health Services Administration (“SAMHSA”) published a final rule amending 42 C.F.R. Part 2 (“Part 2”), with an effective date that...more

One Step Forward and Two Steps Back: Proposed Changes to the Alcohol and Drug Abuse Treatment Confidentiality Rule

On Feb. 9, 2016, the U.S. Department of Health and Human Services Substance Abuse and Mental Health Services Administration (SAMHSA) published in the Federal Register a proposed rule putting forth amendments to the Alcohol...more

Confusion Continues Over Medical Identity Theft Victim Rights under HIPAA

In a Nov. 10, 2015 letter, the Chairs and Ranking Members of the Senate Committee on Health, Education, Labor, and Pensions and the Committee on Finance raised concerns with the U.S. Department of Health and Human Services...more

Are Attorneys Entitled to “HIPAA Rate”?

Over the past year, numerous lawsuits and complaints to the HHS Office for Civil Rights (“OCR”) have been filed by plaintiffs’ attorneys over a seemingly obscure HIPAA issue – the rate that health care providers and their...more

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