On November 2, 2023, the American Hospital Association (AHA) – alongside the Texas Hospital Association, Texas Health Resources, and United Regional Health Care System – brought a lawsuit against the Department of Health and...more
Over the past year, the Federal Trade Commission (FTC) has emerged as a leading actor in the health privacy enforcement space, spearheading enforcement actions, policy statements, and regulatory changes all aimed at...more
8/7/2023
/ Consumer Privacy Rights ,
Consumer Protection Laws ,
Data Privacy ,
Department of Health and Human Services (HHS) ,
Electronic Protected Health Information (ePHI) ,
Enforcement Authority ,
Federal Trade Commission (FTC) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
OCR ,
Personal Information ,
PHI ,
Privacy Laws
On June 28, the US Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced a settlement (resolution agreement and corrective action plan) with iHealth Solutions (also known as Advantum Health)...more
7/21/2023
/ Compliance ,
Corrective Action Plans (CAPs) ,
Covered Entities ,
Department of Health and Human Services (HHS) ,
Electronic Protected Health Information (ePHI) ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Breach Notification Rule ,
OCR ,
PHI ,
Policies and Procedures ,
Popular ,
Risk Assessment ,
Risk Management ,
Settlement
On February 2, 2023, the US Department of Health and Human Services’ (HHS) Office for Civil Rights (OCR) reached a settlement with Banner Health Affiliated Covered Entities (“Banner Health”) for a 2016 data breach that...more
Following the Supreme Court’s ruling overturning Roe v. Wade in Dobbs v. Jackson Women’s Health Organization, the Biden Administration has outlined a framework for federal executive action designed to protect access to...more
7/21/2022
/ Biden Administration ,
Covered Entities ,
Department of Health and Human Services (HHS) ,
Dobbs v. Jackson Women’s Health Organization ,
Executive Orders ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Privacy Rule ,
New Guidance ,
PHI ,
Reproductive Healthcare Issues
Last week, the Federal Trade Commission (“FTC”) released two guidance documents to aid in compliance with its Health Breach Notification Rule (“the Rule”), which requires “vendors of personal health records” or “PHR related...more
The Biden Administration is expected to devote significant resources to investigating fraud and abuse in the health care industry. Not only will the Biden Administration likely continue investigating traditional health care...more
3/18/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
EHR ,
Enforcement Programs ,
Executive Orders ,
Foreign Corrupt Practices Act (FCPA) ,
Fraud and Abuse ,
Health Care Providers ,
Healthcare Facilities ,
Nursing Homes ,
Opioid ,
Skilled Nursing Facility ,
Telehealth
On January 15, 2021, the Fifth Circuit vacated a $4.3 million penalty that the Office of Civil Rights (OCR) at the Department of Health and Human Services (HHS) had issued against the University of Texas M.D. Anderson Cancer...more
On December 19, the Senate passed H.R.7898, which the House of Representatives had previously passed on December 9. This law amends the Health Information Technology for Economic and Clinical Health (HITECH) Act to require...more
12/23/2020
/ 21st Century Cures Act ,
Business Associates ,
Covered Entities ,
Cybersecurity ,
Department of Health and Human Services (HHS) ,
Electronic Protected Health Information (ePHI) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Privacy Rule ,
HITECH Act ,
NIST ,
Penalties ,
Rulemaking Process
Following a pattern of familiarity for health lawyers, the Department of Health and Human Services (HHS) has released a substantial Notice of Proposed Rulemaking (NPRM) in December at the end of an administration. The NPRM is...more
In the U.S., we do not, today, have a national privacy law. Pressure from the EU, via the General Data Protection Regulation, and from California, via the California Consumer Privacy Act, are driving an extensive national...more