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Federal court strikes blow to expansive OCR web tracking position

The ability of OCR to enforce expansive portions of its controversial web tracking guidance has been severely limited. A federal district court ruled that the guidance exceeded the agency’s authority, and in particular...more

HHS OCR creates new HIPAA enforcement arm and enhances focus on cybersecurity and privacy oversight

This week the U.S. Department of Health and Human Services, the agency responsible for HIPAA enforcement, announced the formation of three new divisions within the Office for Civil Rights (“OCR”). The new divisions –...more

HHS seeks comment by June 6 on recognized security practices as mitigating factor in HIPAA enforcement

The US Department of Health Human Services (HHS) is seeking public comments about the appropriate role of “recognized security practices” in enforcement of the HIPAA Security Rule. Congress, through an amendment to the HITECH...more

FTC emphasizes expectations around the health breach notification rule

The Federal Trade Commission (FTC) recently has signaled its intent to inject new life into a longstanding but rarely triggered rule governing health breach notifications for non-HIPAA-covered health records. Specifically,...more

Health care trends in a post-pandemic economy

The COVID-19 pandemic has led to the rapid expansion and widespread adoption of telehealth/telemedicine services, significantly altering how health care providers deliver—and how consumers access—medical services around the...more

NIST seeks public comment to inform updates to HIPAA Security Rule guidance

The National Institute of Standards and Technology (NIST) is seeking public comment as it prepares to update its Introductory Resource Guide on implementing the Health Insurance Portability and Accountability Act (HIPAA)...more

Fifth Circuit Vacates $4.3M Penalty Against MD Anderson Related to Data Losses - Challenge to Civil Money Penalties Imposed by HHS...

There has been a significant development in the ongoing debate regarding the scope of the authority of the Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) to issue penalties under the Health...more

OCR Provides Insight into Enforcement Priorities and Breach Trends

Regulators, industry experts, and researchers provided insight into health privacy and security enforcement trends, emerging threats, and new tools at a recent conference focused on the Health Insurance Portability and...more

Harmonizing cybersecurity for medical devices: International collaboration moves forward

On 1 October 2019 the International Medical Device Regulators Forum (IMDRF) Medical Device Cybersecurity Working Group released a draft document titled "Principles and Practices for Medical Device Cybersecurity" (IMDRF...more

HIPAA Penalty Caps to Be Reduced and Tied to Culpability Level

In a dramatic turn, the US Department of Health and Human Services (HHS) has announced that effective immediately, penalties for many HIPAA violations will be subject to substantially reduced limits. ...more

Recap of the OCR/NIST Conference on Safeguarding Health Information

Regulators provided key insights into enforcement trends and potential changes to HIPAA regulations at the 11th Annual “Safeguarding Health Information: Building Assurance Through HIPAA Security” conference in October...more

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