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Whether Naughty or Nice, Compliance Deadline for HIPAA Reproductive Care Privacy Is Coming to Town

We just want to provide a friendly reminder that, before key staff depart for the holidays, HIPAA covered entities and business associates should finalize their compliance with the 2024 HIPAA amendments related to...more

Federal District Court Casts Doubt on HHS HIPAA Tracking Technology Guidance

The U.S. District Court for the Northern District of Texas ruled that HHS's December 1, 2022, guidance applying HIPAA to online tracking technologies is unlawful with respect to its treatment of certain combinations of...more

FTC Finalizes Expansion of Health Breach Notification Rule's Broad Applicability to Unauthorized App Disclosures

The FTC issued a final rule to lock in changes to the Health Breach Notification Rule (HBNR) that it proposed in May 2023. While the HBNR began as a breach notification rule seemingly focused on a narrow set of applications...more

HHS Amends HIPAA To Further Protect Privacy of Reproductive Health Care Information

The U.S. Department of Health and Human Services (HHS) this week released final amendments to the HIPAA Privacy Rule to further protect the privacy of protected health information (PHI) related to reproductive health care....more

OCR Updates Guidance on HIPAA and Online Tracking, But New Examples Lead to New Questions

Changes to guidance are unlikely to mitigate widespread concerns - On March 18, 2024, the U.S. Department of Health and Human Services Office for Civil Rights (OCR) revised its controversial guidance on how HIPAA applies...more

How State General Privacy Laws Apply to Healthcare Providers - October 2023

In January, we wrote about how new comprehensive state consumer data privacy laws, such as the California Consumer Privacy Act ("CCPA"), apply to healthcare providers. At the time five states had enacted such laws:...more

Is AI Development "Research" Under HIPAA?

Continued advancement in artificial intelligence offers great promise to improve health care. But AI feeds on tremendous amounts of data, and using protected health information (PHI) to develop or improve AI often involves...more

New Washington Law Has Broad Implications For Protecting Consumer Health Data - Landmark ‘My Health My Data’ Act Reaches Beyond...

On April 27, 2023, Washington Governor Jay Inslee signed into law the My Health My Data Act (the "Act"), which will regulate the collection, use, and disclosure of "consumer health data" ("Consumer Health Data" or "CHD"). The...more

OCR Proposes Amendments to HIPAA to Safeguard Reproductive Health Care Information in the Wake of Dobbs

Walking a middle path, the HHS Office for Civil Rights (OCR) published proposed amendments to the HIPAA Privacy Rule on April 17, 2023, to further safeguard the privacy of reproductive health care information. This comes in...more

FTC Targets Tracking Pixels Amid Data Sharing Settlements with GoodRx, BetterHelp

Digital healthcare platforms using third-party tracking pixels should be on alert in light of the recent post issued by the Federal Trade Commission's new Office of Technology and the FTC's latest enforcement actions against...more

The Clock Is Ticking: HIPAA Small Breach Notifications Due March 1

HIPAA-covered entities must notify the U.S. Department of Health and Human Services Office for Civil Rights (OCR) of "small" breaches of unsecured protected health information that were discovered during calendar-year 2022 no...more

How State General Privacy Laws Apply to Healthcare Providers

With 2023 underway, healthcare providers have a more complex patchwork of privacy laws than ever before to navigate. Five states have enacted general privacy laws: California, Colorado, Connecticut, Utah, and Virginia. These...more

HHS Publishes Guidance on Using Online Tracking Technologies Under HIPAA

The U.S. Department of Health and Human Services Office for Civil Rights (OCR) issued a bulletin on December 1, 2022, clarifying that "regulated entities are not permitted to use tracking technologies in a manner that would...more

OCR Issues New Guidance Applying Security Rule to Digital Voice Transmissions and Storage

On June 13, 2022, the U.S. Department of Health and Human Services Office for Civil Rights (OCR) announced new guidance on using remote communication technologies to provide audio-only telehealth services in compliance with...more

Politics and PHI, Bad Online Reviews, and the Right of Access

The U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced four enforcement resolutions at the end of March 2022, with issues ranging from the misuse of protected health information (PHI)...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

More Time for Filing Comments on Proposed HIPAA Changes

The U.S. Department of Health and Human Services (HHS) recently announced a 45-day extension of the comment period for proposed changes to the HIPAA Privacy Rule. The deadline for submitting comments now has been pushed from...more

Calendar Year 2020 HIPAA Small Breach Notifications Due March 1, 2021

March 1, 2021, is the due date for HIPAA-covered entities to notify the U.S. Department of Health and Human Services Office for Civil Rights (OCR) about "small" breaches of unsecured protected health information discovered...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

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