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President Biden's AI Executive Order: What Private Sector Organizations Need to Consider

On October 30, 2023, President Biden signed an Executive Order as a part of the administration's continued efforts to regulate the development and use of artificial intelligence (AI)-based technologies. Although many...more

AI in the Classroom – New Guidance From the Department of Education

The U.S. Department of Education, Office of Educational Technology has published new guidance for educational institutions and policymakers as they consider the role of AI-based tools in education. This guidance is an...more

Trusted Exchange Framework and the Common Agreement

Data sharing and interoperability have been key objectives for health care providers, health plans and other industry participants for several years, and the U.S. Department of Health and Human Services' (HHS) Office of the...more

Data Privacy Day: Top Considerations for 2021

Happy Data Privacy Day! Since 2007, privacy professionals from across the globe have gathered together on January 28 to raise awareness about data privacy and security best practices and issues. ...more

No Time to Rest: HHS Marches Ahead with Interoperability and Information Blocking Updates

On April 21, 2020, the U.S. Department of Health and Human Services released a series of announcements signaling its intention to finalize and enforce certain aspects of the Office of the National Coordinator (ONC) Cures Act...more

Coronavirus: Significant HIPAA Relief in Telehealth Context Due to COVID-19 Response

There is no question that COVID-19 has brought unprecedented change to our world. The temporary relaxation of HIPAA's requirements is one of many examples of the government's efforts to address the public's health care needs...more

Coronavirus: HHS Announces Limited Waivers of HIPAA Penalties and Sanctions

On March 16 and 17, the United States Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced limited waivers of penalties and sanctions with respect to certain HIPAA requirements due to the...more

CMS and ONC Publish Final Interoperability and Information Blocking Rules

On March 9, 2020, the U.S. Department of Health and Human Services (HHS) finalized two sets of regulations that are intended to increase patients' access to health data. As explained by HHS Secretary Alex M. Azar, "These...more

Privacy & Cybersecurity Due Diligence – No Longer Optional: Company Fined $124 Million for Pre-Merger Compromise

In early July, a global hospitality company announced in a U.S. Securities and Exchange Commission (SEC) filing that it had been fined more than $124 million (more than £99 million) by the United Kingdom's Information...more

Required Reading for All Health Executives – Key Draft Report Released Regarding Health Information Technology

On the day before the U.S. Department of Health and Human Services, Office of the National Coordinator for Health Information Technology (ONC) Annual Meeting in Washington, D.C., the ONC released its draft Strategy on...more

OIG Advisory Opinion 18-04: Another Favorable Medigap/PHO Arrangement

On June 7, 2018, the OIG issued favorable Advisory Opinion 18-04, thereby approving another arrangement between a group of Medicare Supplemental Health Insurance (Medigap) insurers and a preferred hospital organization (PHO)....more

Beyond GDPR: EU's ePrivacy Regulation to Add New Layer of Data Obligations

While many were focused on the May 25, 2018 enforcement date for the European Union's General Data Protection Regulation (GDPR), the Council of the European Union has continued its efforts to finalize the ePrivacy Regulation...more

OIG May 2018 Work Plan Update

The OIG added seven new items to its Work Plan in the May 2018 update. Among the issues addressed are emergency preparedness, the impact of generics on Medicaid drug rebates, reviews of claims for Part B outpatient cardiac...more

Unsealed Qui Tam Alleges Nearly $325 Million in Improper Payments

A recently unsealed qui tam action further demonstrates the growing focus on the propriety of incentive payments made under Medicare and Medicaid's Electronic Health Records (EHR) Incentive Programs. Health care providers...more

OIG Advisory Opinion 17-06: Another Medigap/PHO Arrangement Approved

Advisory Opinion 17-06 joins a long list of opinions approving arrangements between a Medicare Supplemental Health Insurance (Medigap) insurer and a preferred hospital organization (PHO). While this advisory opinion does not...more

Peer Review Not Protected: U.S. Supreme Court Will Not Disturb Florida Decision Limiting the Patient Safety and Quality...

A multi-year discovery dispute regarding the adverse medical incident reports of a Jacksonville, Florida hospital concluded on October 2, 2017 when the United States Supreme Court denied a petition for a writ of certiorari in...more

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