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Trump Administration Rescinds HHS Guidance on Privacy of Gender Affirming Care Data

On February 20, 2025, the U.S. Department of Health and Human Services (“HHS”) took action pursuant to President Trump’s Executive Order 14187 (“EO 14187”), which is aimed at ending gender affirming care for minors. EO 14187...more

Takeaways from First Washington My Health My Data Act Complaint

It took some time, but we officially have the first complaint filed alleging violations of the Washington My Health, My Data Act (“MHMDA”). The complaint, filed February 10 in the U.S. District Court Western District of...more

Fresh From the Oven: OCR-HHS Issues a Notice of Proposed Rulemaking for the HIPAA Security Rule

‘Tis the season for holiday baking and the elves at the U.S. Department of Health and Human Services (HHS), through its Office for Civil Rights (OCR), have been diligently crafting their own holiday treat. On December 27,...more

Compliance Eve Ends with HIPAA Reproductive Health Privacy Rule Order out of Texas: But is it a Gift or Lump of Coal for Regulated...

December 23, 2024, was the compliance deadline for HIPAA covered entities and business associates to apply the protections of the HIPAA Privacy Rule to support Reproductive Health Care Privacy Final Rule—that is all covered...more

Happy Halloween: RIP to the HIPAA Privacy Rule?

As we settle into spooky season, let’s take a minute to consider a recent development in health care privacy as we ask ourselves, is this a trick or a treat?...more

HHS Tracking Technology Guidance Vacated by Federal Court

On Thursday, June 20, 2024, a U.S. District Court Judge ruled that the U.S. Department of Health and Human Services, Office for Civil Rights (“HHS”) overstepped its authority to act when issuing its December 2022 bulletin...more

Substance Abuse Disorder Records (42 CFR Part 2) Final Rule Is Here!

The U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) and Substance Abuse and Mental Health Services Administration (SAMHSA) released its anticipated Final Rule last week. The Final Rule revises...more

Never Say Never Again: HHS Signals the Return of HIPAA Audit Program

On February 12, 2024, the U.S. Department of Health and Human Services (“HHS”) published a notice in the Federal Register regarding reinstatement of the Health Information Portability and Accountability Act of 1996 (“HIPAA”)...more

Key Considerations for Healthcare Providers Responding to Law Enforcement Requests

Why is everyone talking about provider disclosures to law enforcement of late? The Senate Finance Committee authored a letter to Xavier Becerra, Secretary of the U.S. Department of Health and Human Services (HHS), outlining...more

Diving into the Washington My Health My Data Act Part Twelve : Washington Attorney General Guidance

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

Diving into the Washington My Health My Data Act - Part Eleven: HIPAA vs. WMHMDA (for table lovers)

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

Diving into the Washington My Health My Data Act - Part Seven: Biometric Data

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

Diving into the Washington My Health My Data Act - Part Six: Consumer Health Data Privacy Policy

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

Diving into the Washington My Health My Data Act - Part Five: Consent and Authorization Requirements

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

Washington Poised to Transform Consumer Health Data Landscape with Passage of My Health My Data Act

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

HHS Office for Civil Rights Announces Proposed Rule Increasing HIPAA Privacy Rule Protections for Reproductive Care

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

How Does HIPAA Prevent Using and Disclosing COVID-19 Vaccination Information? HHS OCR Issues Guidance

Does HIPAA prevent businesses from asking whether customers or clients are vaccinated? (No). Does HIPAA prevent an employer from requiring an employee to disclose vaccination status? (No). Does HIPAA prohibit doctors from...more

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