California is taking steps through Assembly Bill 254 (the “Bill”), approved by the State’s Governor on September 27, 2023, to ensure that patient information collected through reproductive or sexual health applications enjoys...more
10/4/2023
/ California ,
CMIA ,
Data Privacy ,
Health Care Providers ,
Healthcare ,
Healthcare Reform ,
Medical Records ,
New Legislation ,
Personal Information ,
Reproductive Healthcare Issues ,
State Privacy Laws
On June 17, 2023, Texas enacted legislation (the “Legislation”) limiting use of genetic data by certain genetic data testing companies, joining a number of other states in tackling the ever-increasing privacy concerns...more
In May, the Federal Trade Commission (“FTC”) proposed changes (the “Proposed Rule”) to the Health Breach Notification Rule (the “Rule”), which, among other items, emphasize that the Rule applies to mobile health applications...more
6/30/2023
/ Data Privacy ,
Data Protection ,
Data Security ,
Digital Health ,
Federal Trade Commission (FTC) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Breach Notification Rule ,
Mobile Health Apps ,
Privacy Laws ,
Proposed Amendments ,
Proposed Rules ,
Technology Sector
On June 16, 2023, nearly half of the State Attorneys General penned a letter (the “Letter”) to the U.S. Department of Health and Human Services, Office for Civil Rights (“OCR”) advocating for broader privacy protections...more
With the ongoing BIPA litigation activity in Illinois surrounding collection of biometrics, it can be easy to forget that other issues might surround this practice. Last month the FTC reminded companies not to forget general...more
6/14/2023
/ Biometric Information ,
Data Collection ,
Data Privacy ,
Data Security ,
Federal Trade Commission (FTC) ,
FTC Act ,
Machine Learning ,
Privacy Laws ,
Section 5 ,
Tracking Systems ,
Unfair or Deceptive Trade Practices
The Florida Legislature recently amended the Florida Electronic Health Records Exchange Act (the “Act”) to prohibit certain health care providers utilizing certified electronic health record technologies from storing...more
Texas is joining a growing number of states in passing comprehensive privacy legislation intended to safeguard consumer personal data. Specifically, the Texas Data Privacy and Security Act (the “Act”) adds protections for...more
The Centers for Medicare & Medicaid Services (“CMS”), on behalf of the U.S. Department of Health and Human Services (“HHS”), recently issued a proposed rule to adopt standards under the Health Insurance Portability and...more
The once-novel medium of telehealth surged onto the stage as a common sense solution to the COVID-19 pandemic. This surge was facilitated, in part, by certain flexibilities authorized by the Centers for Medicare & Medicaid...more
Social media’s interplay with healthcare privacy presents a constantly evolving challenge. ICYMI (“in case you missed it”), there is an uptick in enforcement and scrutiny IRL (“in real life”) related to communications through...more
Introduction On December 29, 2022, President Biden signed the Consolidated Appropriations Act, 2023 (the “Act”). The Act provides for nearly $1.7 trillion in funding across a range of domestic initiatives, including certain...more
1/6/2023
/ Consolidated Appropriations Act (CAA) ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Health Care Providers ,
Healthcare ,
Hospitals ,
Medicaid ,
Medicare ,
New Legislation ,
Physician Medicare Reimbursements ,
Rulemaking Process ,
Telehealth
The U.S. Department of Health and Human Services (“HHS”) has announced proposed changes (the “Proposed Rule”) to 42 C.F.R. Part 2 (“Part 2”). While the Health Insurance Portability and Accountability Act (“HIPAA”) governs the...more
As telehealth services surged in response to the COVID-19 pandemic, unique compliance challenges likewise developed in unexpected ways. Recognizing these challenges, the Office of Civil Rights (“OCR”) indicated that it would...more
6/20/2022
/ Business Associates Agreement (BAA) ,
Coronavirus/COVID-19 ,
Data Security ,
Digital Health ,
Electronic Protected Health Information (ePHI) ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
New Guidance ,
OCR ,
Privacy Laws ,
Telehealth