Summer 2023 gave us a blast of new and distinctive consumer health data privacy legislation. The Washington legislature could not wait to start showing off and splashing around in the summer sun by passing the country’s...more
As industry stakeholders know, cyberattacks and breaches have been on the rise in the health care industry. IBM Security’s 2023 annual report notes that the average health care data breach has reached $10.93M and that health...more
As of September 1, 2023, the U.S. Department of Health and Human Services (“HHS”) Office of Inspector General (“OIG”) can officially begin enforcement against Certified Health Information Technology (“HIT”) developers, health...more
9/11/2023
/ 21st Century Cures Act ,
Anti-Kickback Statute ,
Centers for Medicare & Medicaid Services (CMS) ,
Civil Monetary Penalty ,
Department of Health and Human Services (HHS) ,
Final Rules ,
Health Care Providers ,
Health Information Technologies ,
Healthcare ,
Information Blocking Rules ,
OIG
This is Part Twelve, the final installment of our series of legal updates on the Washington My Health My Data Act (“WMHMDA”). We are thrilled that you came along as we dove into the intricacies of WMHMDA that are creating...more
8/30/2023
/ Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Electronic Protected Health Information (ePHI) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
Patient Privacy Rights ,
Personal Data ,
PHI ,
Washington
This is Part Eleven in a series of legal updates on the Washington My Health My Data (“WMHMDA”), where Quarles continues its deep dive into the various factors and intricacies of WMHMDA that are creating waves in the privacy...more
8/23/2023
/ Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Electronic Protected Health Information (ePHI) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
Patient Privacy Rights ,
Personal Data ,
PHI ,
Washington
This is Part Ten in a series of legal updates on the Washington My Health My Data Act (“WMHMDA”), where Quarles continues its deep dive into the various factors and intricacies of WMHMDA that are creating waves in the privacy...more
The Securities and Exchange Commission (“SEC”) voted on July 26, 2023 to adopt new cybersecurity rules, which are aimed at helping investors better understand the cybersecurity risks associated with public companies by...more
8/3/2023
/ Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Disclosure Requirements ,
Form 8-K ,
National Security ,
Popular ,
Public Disclosure ,
Regulatory Reform ,
Reporting Requirements ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
Securities Regulation
This is Part Nine in a series of legal updates on the Washington My Health My Data (“WMHMDA”) where Quarles continues its deep dive into the various factors and intricacies of WMHMDA that are creating waves in the privacy...more
7/26/2023
/ California Privacy Rights Act (CPRA) ,
Consumer Privacy Rights ,
Data Breach ,
Data Collection ,
Data Privacy ,
Enforcement Guidance ,
Healthcare ,
Life Sciences ,
Personal Data ,
Private Right of Action ,
Washington
This is Part Eight in a series of legal updates on the Washington My Health My Data Act (“WMHMDA”) where Quarles continues its deep dive into the various factors and intricacies of WMHMDA that are creating waves in the...more
7/24/2023
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Data Subjects Rights ,
Healthcare ,
Personal Information ,
Popular ,
Privacy Laws ,
Washington
This is Part Seven in a series of legal updates on the Washington My Health My Data (“WMHMDA”), where Quarles continues its deep dive into the various factors and intricacies of WMHMDA that are creating waves in the privacy...more
7/18/2023
/ Biometric Information ,
Biometric Information Privacy Act ,
Data Collection ,
Data Privacy ,
Data Protection ,
Electronic Protected Health Information (ePHI) ,
Health Information Technologies ,
Life Sciences ,
Personal Data ,
PHI ,
Washington
This is Part Six in a series of legal updates on the Washington My Health My Data Act (“WMHMDA”) in which Quarles continues its deep dive into the various factors and intricacies of WMHMDA that are creating waves in the...more
Oh say, can you see, Part 5 in our Washington My Health My Data Act series? This is the fifth installment in our series on the Washington My Health My Data Act (“WMHMDA”)....more
This is Part Four in a series of legal updates on the Washington My Health My Data Act (“WMHMDA”) where Quarles continues its deep dive into the various factors and intricacies of WMHMDA that are creating tidal waves in the...more
This is Part Three in a series of legal updates on the Washington My Health My Data Act (“WMHMDA”) where Quarles continues its deep dive into the various factors and intricacies of WMHMDA that are creating tidal waves in the...more
6/14/2023
/ Biometric Information ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Health Technology ,
Healthcare ,
Medical History ,
Mental Health ,
Personal Data ,
Personally Identifiable Information ,
Popular
After several months of privacy developments to start 2023, this trend has not only continued, but has continued at an accelerated pace into June. As state legislatures adjourn for summer recess, it is a good time to take...more
This is Part Two in a series of legal updates on the Washington My Health My Data Act (“WMHMDA”) where Quarles is doing a deep dive into the various factors and intricacies of the Act that are shaping up to create a sea of...more
6/9/2023
/ B2B Organizations ,
California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Security ,
Electronic Protected Health Information (ePHI) ,
Geolocation ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
Life Sciences ,
Personal Data ,
Washington
While it is not officially summer, it is after Memorial Day, a.k.a. the perfect time to pick out your beach reads. We recommend bumping Quarles’ series on the Washington My Health My Data Act (“WMHMDA”) to the top of your...more
Effects to consumer health data collection and processing will be felt in Washington and beyond with new consumer rights and consent requirements as well as a private right of action....more
On April 12, 2023, the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR) issued a Notice of Proposed Rulemaking (NPRM), aimed at strengthening the Health Insurance Portability and...more
After the year led with the effective dates for the California Consumer Privacy Act and the Virginia Consumer Data Protection Act, the first quarter of 2023 has continued to bring a number of data privacy updates and...more
The Biden Administration announced that the federal COVID-19 Public Health Emergency (PHE) will expire at the end of the day on May 11, 2023. As we draw closer to the expiration date of the PHE, do you feel fine about your...more
3/20/2023
/ Biden Administration ,
Business Associates Agreement (BAA) ,
Data Privacy ,
Data Security ,
Department of Health and Human Services (HHS) ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
OCR ,
Public Health Emergency ,
Telehealth ,
Telemedicine
As we settle in to 2023 and return to our “circle back in the new year” projects, it is a good time to catch up on data privacy and security updates from the end of 2022 and set priorities for 2023. To help you start the year...more
The long-awaited January 1, 2023 effective date of the California Privacy Rights Act (CPRA) has arrived and cannot be ignored or dismissed any longer. Many health care entities are aware of the Health Insurance Portability...more
While the federal substance use disorder regulations enjoyed decades without a single change, the federal government has been on a roll since 2017. The latest round of changes was recently announced by the U.S. Department of...more
Effective today, October 6, 2022, the Information Blocking Rule will expand in scope to prohibit interfering with access or exchange of information in a designated record set. With this expansion of the Information Blocking...more