News & Analysis as of

Health Privacy

Read need-to-know updates, commentary, and analysis on Health issues written by leading professionals.

K&L Gates Triage: FDA & Health Care Update: The Use of Real-World Data and Real-World Evidence in Medical Product Development

by K&L Gates LLP on

In this episode, Erica Jackson discusses recent guidance from the Food & Drug Administration (FDA) on the consideration of real-world data and real-world evidence in regulatory decision-making related to medical devices and...more

OCR Warns Health Care Industry of Risks with Previous Employees

In its November newsletter, the Office for Civil Rights (OCR) made a great point that we are seeing in the industry—the risks associated with previous employees. According to its newsletter, entitled “Insider Threats and...more

Proposed Law Would Criminalize Failures to Report Data Breaches

A draft bill recently introduced in the U.S. Senate serves as a good reminder that compliance with data breach reporting requirements is critical. This bill follows significant, high-profile data breaches by Uber and Equifax,...more

Henry Ford Health System Notifies 18,000+ Patients of Health Data Breach

On December 6, 2017, Henry Ford Health System (HFHS) disclosed that health information of 18,470 patients may have been viewed or stolen. HFHS became aware of the incident on October 3, 2017 after employee credentials were...more

North Carolina DHS Notifies 6,000 of Data Breach of Drug Testing Information

The North Carolina Department of Health and Human Services has notified close to 6,000 individuals that a spreadsheet containing the names, Social Security numbers and test results for routine drug testing for employment,...more

Cottage Health Pays $2M to CA AG for Data Breach

Cottage Health, a three hospital health care system located in California has agreed to pay the California Attorney General’s Office $2 million to settle allegations that it failed to implement data security safeguards to...more

Data Privacy + Cybersecurity Insider - November 2017 #4

by Robinson & Cole LLP on

Intel has confirmed it has a bug in its remote server management tool. The tool, known as Management Engine, permits administrators of IT systems to access devices remotely to apply updates or troubleshoot problems for users....more

"Breaking Bad" News: Sharing PHI During Opioid Crisis

by Baker Ober Health Law on

In response to President Trump's declaration of the opioid crisis as a public health emergency, the Office for Civil Rights (OCR) released guidance intended to educate health care providers on how they can respond to requests...more

Healthcare Data Breaches Continue but Fell in October

The news about data breaches always seems to be dire lately. Some good news: data breaches in the healthcare industry were lower in October than in September, based upon reportable data breaches to the Office for Civil Rights...more

“Getting Receipts” – The Millennial Disconnect Between Short-Term Social Media Posts And HIPAA

by Fox Rothschild LLP on

Long gone are the days when social media consisted solely of Myspace® and Facebook®, accessible only by logging in through a desktop computer at home or personal laptop. With every single social media platform readily...more

Williams Mullen On Call - November 2017

by Williams Mullen on

Welcome to the third edition of Williams Mullen On Call. In this edition, we are pleased to provide two very timely interviews. The first interview is with Mandy K. Cohen, MD, MPH, Secretary of the North Carolina Department...more

New CMS Guidance on Information Blocking

by Bass, Berry & Sims PLC on

Centers for Medicare & Medicaid Services (CMS) recently published two important guidance statements on so-called "information blocking," i.e., knowingly and willfully limiting or restricting the compatibility or...more

Florida Blue Breach Exposes Applications of 939 Individuals

Blue Cross Blue Shield of Florida (Florida Blue) has announced that 475 applications for insurance were backed up to the cloud, on an unsecured cloud server, by an unaffiliated agent of Real Time Health Quotes, and exposed...more

Elder Abuse: Are Granny Cams A Solution, A Compliance Burden, Or Both?

by Jackson Lewis P.C. on

In Minnesota, 97% of the 25,226 allegations of elder abuse (neglect, physical abuse, unexplained serious injuries and thefts) in state-licensed senior facilities in 2016 were never investigated. This prompted Minnesota...more

Lessons To Be Learned From The Breach Of Nearly 500,000 Individual Health Records Reported In September 2017

by Jackson Lewis P.C. on

A recent report indicates that nearly 500,000 individual health records were breached in September 2017. This figure is taken from the 39 healthcare data breaches involving more than 500 records that were reported to the...more

FDA Finalizes Policy for Sharing Patient-Specific Data from Medical Devices

by Reed Smith on

FDA recently released guidance (“Manufacturers Sharing Patient-Specific Information from Medical Devices with Patients Upon Request”) finalizing its policy on medical device manufacturers sharing patient-specific information...more

FCC Closes Loopholes and Expands Telephone Consumer Protection Act “TCPA” Consumer Protections in Declaratory Ruling and Order

by Womble Bond Dickinson on

On July 10, 2015, the Federal Communications Commission (“FCC” or “Commission”) released a Telephone Consumer Protection Act (“TCPA”) Declaratory Ruling and Order (“TCPA Declaratory Ruling and Order” or “Order”) offering...more

2017 Health IT Leadership Summit Insights

by Arnall Golden Gregory LLP on

Arnall Golden Gregory was a gold sponsor of the Health IT Leadership Summit, held on November 7, 2017 in metro Atlanta. More than 500 people attended the Summit, which was created in 2010 by the Georgia Department of Economic...more

OCR Clarifies Privacy Rule for Sharing PHI on Opioid Overdoses

In the wake of the national opioid overdose crisis, the Office for Civil Rights (OCR) has provided clarification on when covered entities are permitted to disclose patient information during opioid emergencies....more

Data Privacy + Cybersecurity Insider - November 2017 #2

by Robinson & Cole LLP on

Michigan Governor Rick Snyder has signed into law the Cyber Civilian Corps Act, which established the Michigan Cyber Civilian Corps, dubbed MiC3. The corps has been in existence for three years but not statutorily deployed. ...more

A Question of Privilege: Court Wrestles With Attorney-Client and Work Product Issues in Data Breach Case

In a significant ruling addressing the scope of the attorney-client privilege and work product doctrine in a data breach case, a Federal judge in Oregon ordered Premera Blue Cross, the Washington-based healthcare services...more

Latest OCR Cybersecurity Newsletter Tackles Mobile Devices

The U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) released its October Cybersecurity Newsletter last week with a focus on mobile devices. Given the amount of work conducted on mobile devices...more

The State AG Report Weekly Update

by Cozen O'Connor on

AG Elections- 2017 Virginia Attorney General and New Jersey Governor Election Results- In Virginia’s AG race, Democrat incumbent AG Mark Herring defeated Republican John Adams by a margin of 53.3% to 46.7%. Virginia’s...more

Healthcare Employers, Beware: HIPAA Whistleblowers Could Be (Legally) Leaking Protected Health Information

by Fisher Phillips on

In this day and age, healthcare employers are quite familiar with the Health Insurance Portability and Accountability Act (HIPAA), which protects the disclosure of patients’ confidential health information. After all, in the...more

Beazley Publishes Special Report on 2017 Healthcare Breaches

Beazley has published a report outlining data breaches in the first nine months of 2017. The report notes that the highest cause of a data breach in 2017 so far are unintended disclosures, which accounted for 41 percent of...more

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