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Long-Awaited Disincentives Rule for Providers Gives the Information Blocking Rule Teeth

On June 24, 2024, the Department of Health and Human Services (HHS) finalized the Establishment of Disincentives for Health Care Providers That Have Committed Information Blocking (Disincentive Rule) under the 21st Century...more

HHS OIG Posts Long Awaited Information Blocking Enforcement Rule, Provides for Penalties of up to $1 Million Per Violation

Key Takeaways - The HHS Office of Inspector General (HHS OIG) posted its long-awaited final rule implementing information blocking penalties on June 27, 2023. This final rule — which applies to health IT developers of...more

ONC Proposes Information Blocking Rule Revisions to Address Providers’ Concerns, Releases Public Comment Template

On April 11, 2023, the Office of the National Coordinator (ONC) announced proposed revisions to the Information Blocking Rule (IBR) as part of its recent “HTI-1” proposed rule (see our previous coverage of the HTI-1...more

ONC Announces New ‘HTI-1’ Proposed Rule with Information Blocking Regulation Updates

The Office of the National Coordinator for Health Information Technology (ONC) announced a new proposed rule on April 11, 2023, titled “Health Data, Technology, and Interoperability: Certification Program Updates, Algorithm...more

HHS Issues New Guidance on Patient Privacy Following Dobbs Decision

On June 24, 2022, the United States Supreme Court held in Dobbs v. Jackson Women’s Health Organization that the United States Constitution does not confer a right to an abortion. In Dobbs, the Court explicitly overruled Roe...more

Artificial Intelligence Briefing: Self-Regulation and Tackling Algorithmic Bias

Our latest briefing explores the NAIC’s efforts to address algorithmic bias, the Colorado Division of Insurance’s latest stakeholder session on external consumer data and algorithms, and a private-sector solution for...more

Capping Cyber Casualties: Steps to Avoid Cyberattacks Flowing From Hostilities in Ukraine

The televised “thud” of explosions in Ukraine has an ominous but deceptively distant tone. For many organizations the hostilities are closer at hand, in the form of cyberattacks that could spread beyond the Russian-Ukrainian...more

New State and Federal Privacy Developments Add Complexity to Privacy Landscape

As insurance companies continue to examine their compliance with current privacy and cybersecurity regulations, new state laws and proposed federal bills add another level of complexity to the landscape. Federal - The...more

OCR Proposes Substantial Changes to HIPAA Privacy Rule

On December 10, 2020, as part of its Regulatory Sprint to Coordinated Care, the Department of Health and Human Services Office for Civil Rights (OCR) issued a notice of proposed rulemaking to modify the HIPAA Privacy Rule....more

ONC Publishes Game-Changing Information Blocking Rule: Introduction and Overview

In the midst of the COVID-19 pandemic, the Office of the National Coordinator for Health Information Technology (ONC) published the final Information Blocking Rule. This rule is widely seen as a game-changer that will have...more

How HIPAA Impacts Provider Disclosure of COVID-19 Testing to Employers

As states begin to gradually reopen their economies, employers are facing questions about when and how to safely bring employees back to work. Although scientists and health care professionals continue to study the spread of...more

OCR Enforcement Discretion Allows Business Associates to Disclose PHI for Public Health Purposes

On April 2, 2020, the Office for Civil Rights at the Department of Health and Human Services (OCR) announced that, effective immediately, they would exercise “enforcement discretion” regarding disclosures of COVID-19-related...more

OCR Issues COVID-19 Information-Sharing Guidance for First Responders

With paramedics, law enforcement, public health authorities and other first responders at the forefront in helping combat COVID-19, the sharing of protected health information (PHI) with them is often critical to ensure that...more

Home, Sweet Home — Cybersecurity Tips for Work-From-Home Employers and Employees

To minimize the spread of the coronavirus, many companies and state and local governments recently mandated that non-essential employees work from home rather than come into the office. While modern technology makes such...more

As the Popularity of Health Care IoT Rises, So Do Privacy and Security Risks

Internet-connected medical devices are nothing new. From x-ray machines to infusion pumps, these devices have helped push major advancements in clinical care. Increasingly, we see health care technology moving out of...more

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