Ransomware! Phishing! Zero Trust! Endpoint detection! The buzzwords and fearmongering fly when it comes to cybersecurity, but there are practical business considerations that have to be accounted for when developing a...more
Data license agreements have been a hot ticket item of the digital health market and are here to stay. With the exponential growth in licensed data, including de-identified patient data, data license agreement litigation and...more
10/7/2020
/ Asset Protection ,
California Consumer Privacy Act (CCPA) ,
Commercial Litigation ,
Contract Disputes ,
Contract Drafting ,
Contract Interpretation ,
Contract Terms ,
Data Protection ,
De-Identified Protected Health Information ,
Digital Health ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
License Agreements ,
Physicians ,
Regulatory Requirements ,
Remedies ,
Trade Secrets ,
Webinars
On August 31, 2020, the California legislature passed California AB 713, which amends the California Consumer Privacy Act (CCPA) to except from its requirements certain health information, including information that has been...more
9/17/2020
/ California Consumer Privacy Act (CCPA) ,
Data Collection ,
Exceptions ,
Food and Drug Administration (FDA) ,
Governor Newsom ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare Facilities ,
Life Sciences ,
Patients ,
Personally Identifiable Information ,
State Legislatures
Generally, contact tracing refers to an effort by public health officials to identify individuals with whom a patient who has tested positive for an infectious disease has been in close proximity. Public health officials will...more
9/15/2020
/ Bluetooth ,
California Consumer Privacy Act (CCPA) ,
Contact Tracing ,
Coronavirus/COVID-19 ,
Court of Justice of the European Union (CJEU) ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Protection Impact Assessments (DPIAs) ,
Data Security ,
Employees ,
EU ,
Federal Trade Commission (FTC) ,
General Data Protection Regulation (GDPR) ,
Health Care Providers ,
Infectious Diseases ,
Information Governance ,
Mobile Apps ,
Non-Compete Agreements ,
Patient Privacy Rights ,
Patients ,
Personal Data ,
Private Sector ,
Public Health ,
Re-Opening Guidelines ,
UK Brexit ,
Whistleblowers
On April 2, 2020, the US Department of Health and Human Services, Office for Civil Rights announced that it will not impose civil money penalties against covered entity health care providers or their business associates for a...more
Throughout the past year, the healthcare and life science industries experienced a proliferation of digital health innovation that challenged traditional notions of healthcare delivery and payment, as well as product...more
1/29/2020
/ Anti-Kickback Statute ,
Biometric Information ,
California Consumer Privacy Act (CCPA) ,
Department of Justice (DOJ) ,
Digital Health ,
Electronic Medical Records ,
Electronic Protected Health Information (ePHI) ,
Enforcement ,
Food and Drug Administration (FDA) ,
Fraud and Abuse ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Life Sciences ,
Regulatory Standards ,
Stark Law ,
Telemedicine
On January 6, 2020, the California State Senate’s Health Committee unanimously approved California AB 713, a bill that would amend the California Consumer Privacy Act (CCPA) to except from CCPA requirements additional...more
1/17/2020
/ Business Associates ,
California Consumer Privacy Act (CCPA) ,
Clinical Trials ,
CMIA ,
Exceptions ,
Food and Drug Administration (FDA) ,
Health and Safety ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Life Sciences ,
Medical Research ,
Notice Requirements ,
Personal Information ,
PHI ,
Privacy Laws ,
Proposed Amendments ,
Public Health ,
The Common Rule
Recent months have seen a wave of ransomware attacks in the US healthcare industry, many involving a sophisticated strain of malware called Ryuk. To protect themselves, healthcare providers should review OCR’s recent guidance...more
12/12/2019
/ Criminal Investigations ,
Cyber Attacks ,
Cybersecurity ,
Electronic Protected Health Information (ePHI) ,
FBI ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
New Guidance ,
OCR ,
Patient Privacy Rights ,
Popular ,
Ransomware ,
US-CERT
SAMHSA has released a long-awaited proposed rule that would modify the federal regulations at 42 CFR Part 2 (Part 2) governing the confidentiality of substance use disorder (SUD) patient records created by federally assisted...more
9/12/2019
/ Comment Period ,
Confidential Information ,
Consent ,
Disclosure Requirements ,
Health Care Providers ,
HIPAA Privacy Rule ,
Information Sharing ,
Medical Records ,
Opioid ,
Patient Privacy Rights ,
Pharmaceutical Industry ,
Proposed Rules ,
Public Comment ,
SAMHSA ,
Substance Abuse
Information is one of your company’s most valuable assets. It is critical to remain vigilant to protect against the latest cybersecurity threats and to comply with expansive privacy obligations.
Join us in New York City for...more
5/20/2019
/ Attorney-Client Privilege ,
California Consumer Privacy Act (CCPA) ,
Continuing Legal Education ,
Cybersecurity ,
Data Privacy ,
Events ,
Health Care Providers ,
Information Management ,
Information Technology ,
Popular ,
Private Equity ,
Privileged Communication ,
Risk Management ,
Security and Privacy Controls
On April 26, 2019, the US Department of Health and Human Services (HHS), Office for Civil Rights (OCR) issued a Notification of Enforcement Discretion Regarding HIPAA Civil Money Penalties (the Notice) to inform the public...more
5/10/2019
/ Civil Monetary Penalty ,
Covered Entities ,
Department of Health and Human Services (HHS) ,
Eighth Amendment ,
Electronic Protected Health Information (ePHI) ,
Enforcement Actions ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Breach ,
HITECH Act ,
OCR ,
Regulatory Agenda ,
Settlement Negotiations
Introduction -
The past year was an active one for data privacy and security legislation and enforcement. Protection for certain personal data was enhanced internationally by the EU General Data Protection Regulation...more
1/29/2019
/ Biometric Information ,
Biometric Information Privacy Act ,
California Consumer Privacy Act (CCPA) ,
Cybersecurity ,
Data Protection ,
Digital Health ,
Electronic Protected Health Information (ePHI) ,
EU ,
General Data Protection Regulation (GDPR) ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Personally Identifiable Information ,
State Data Breach Notification Statutes ,
UK
The US Department of Health and Human Services, Office for Civil Rights (OCR) published a long-awaited Request for Information seeking feedback on whether and how the HIPAA Rules should be revised to better promote...more