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Privacy Health

Read Privacy Law updates, news, and legal commentary from leading lawyers and law firms:

Data Privacy + Cybersecurity Insider - January 2018 #2

by Robinson & Cole LLP on

Health Care Organizations Saw an 89% Increase in Ransomware in 2017 - Our experience last year is consistent with the conclusion of a new report issued by Cryptonite in its 2017 Health Care Cyber Research Report—that the...more

SAMHSA Finalizes Second Round of Changes to Federal Substance Use Disorder Privacy Rule

by Foley & Lardner LLP on

New federal regulations published on January 3, 2018, clarify when lawful holders of substance-use disorder records may use and disclose patient identifying information for payment, health care operations, and audits and...more

SAMHSA Finalizes Additional Changes to the Confidentiality of Substance Use Disorder Patient Records Regulations

by Epstein Becker & Green on

On January 3, 2018, the Substance Abuse and Mental Health Services Administration (“SAMHSA”) published a final rule (“Final Rule”) to further update the Confidentiality of Substance Use Disorder Patient Records regulations...more

Second Circuit Holds Flu Shot Reminder Did Not Violate the TCPA

The Second Circuit has affirmed a lower court decision that a flu shot reminder sent by text message by a medical provider did not violate the Telephone Consumer Protection Act (the “TCPA”). The decision is important because...more

ICYMI: PrivSec’s Weekly News Picks

by Davis Wright Tremaine LLP on

Tech Republic reports that “the executive order may help bring internet to previously hard to reach areas, something several ISPs have been working towards.” “A more connected country”, author Olivia Krauth reports, “could...more

Final Rule Clarifies When Substance Abuse Programs Can Disclose Patient Information

by Pepper Hamilton LLP on

A final rule from the Substance Abuse and Mental Health Services Administration establishes requirements for the exchange of patient information between substance abuse treatment programs and their agents and contractors. ...more

New Year’s Resolution #5: Four Employee Benefits Resolutions for 2018!

Happy New Year! It’s that time when we all vow to better ourselves in the months ahead. Resolutions abound, and they need not be limited to individual self-improvement. Employers too have many opportunities for betterment in...more

2017 Edition of HIPAA Regulations Released

by Davis Wright Tremaine LLP on

The Code of Federal Regulations has recently published the 2017 version of the HIPAA regulations. This is the most up-to-date “official” version of the HIPAA regulations. We have created a version that includes PDF bookmarks...more

Stanford Medical Center Seeks FAA Approval for Blood Delivery by Drone

Stanford Medical Center (Stanford) is pursuing a new concept in the health care world—blood delivery to hospitals by drones. Currently, Stanford is seeking the Federal Aviation Administration’s (FAA) approval for this type of...more

SAMHSA Further Revises the Part 2 Drug and Alcohol Abuse Confidentiality Requirements

by Bass, Berry & Sims PLC on

On January 3, 2018, the U.S. Department of Health and Human Services, Substance Abuse and Mental Health Services Administration (SAMHSA) issues a final rule to implement modifications to the Confidentiality of Substance Use...more

Health Care Organizations Saw an 89 percent Increase in Ransomware in 2017

Our experience last year is consistent with the conclusion of a new report issued by Cryptonite in its 2017 Health Care Cyber Research Report—that the number of hacking events targeted at health care entities involving...more

Security Alert: New Meltdown and Spectre Vulnerabilities Impact Computer Processors to Expose Sensitive Information

Last spring the WannaCry ransomware cyber-attack crippled the global economy, impacting over 100,000 organizations throughout 150 countries and generating an estimated $4 billion in losses. The National Health Information...more

Florida Supreme Court Says Right to Privacy Survives Death and Prohibits Ex Parte Interviews in Medmal Actions

by Rumberger Kirk & Caldwell on

In the case of Weaver v. Myers, a sharply divided Florida Supreme Court recently struck down part of the 2013 amendments to Fla. Stats. §§766.106 and 766.1065, which govern the informal discovery process of the medical...more

When is a child not a child for the purpose of access to health records?

by Sands Anderson PC on

Healthcare providers are accustomed to adult involvement in the medical care of most “unemancipated” minors – minors who are not legally independent from their parents. Access to the minor’s records and/or medical information...more

Digital Health Year in Review: 2017 Trends and Looking Ahead to 2018

by McDermott Will & Emery on

Introduction - Throughout 2017, the health care and life science industries experienced a widespread proliferation of digital health innovation that presents challenges to traditional notions of health care delivery and...more

Lessons Learned from Recent OCR HIPAA Audits

Covered entities, including employer sponsored health plans, should brace for audits and enforcement of the Privacy, Security, and Breach Notification rules by the Department of Health & Human Service Office of Civil Rights...more

HIPAA access versus authorization

by Bricker & Eckler LLP on

The nuances of the HIPAA right of access rule continue to pose challenges for health systems. Guidance previously released by The U.S. Department of Health and Human Services (HHS) included extensive information on all...more

[Event] 4th Annual West Coast Ambulatory Surgery Center Seminar - March 7th, Los Angeles, CA

by Nossaman LLP on

On March 7, 2018, Nossaman LLP and California Ambulatory Surgery Association (CASA) will host the 4th Annual West Coast Ambulatory Surgery Center Seminar in Los Angeles. This annual event brings together industry experts to...more

New CMS Guidance Regarding Health Care Texting and Involuntary Discharges

by Benesch on

The Centers for Medicare and Medicaid Services (CMS) periodically provides guidance to the State Survey Agency Directors which outlines areas of emphasis or important concerns for the health care industry. Two (2) recent...more

Sign On The Dotted Line: New Cook County HIPAA Order Requires Patient Signature

by SmithAmundsen LLC on

A recent decision by the Circuit Court of Cook County -- Marc Shull v. Eric Ellis -- has terminated the entry of “routine” HIPAA protective orders for purposes of litigation and the release of medical records. Prior to this...more

Episode 20 -- Data Security and Privacy

by Michael Volkov on

Companies face increasing challenges from management and protection of data from hackers and breaches of sensitive commercial and personal data.  Recent headlines have underscored the threats to companies from such breaches. ...more

HHS Office for Civil Rights Releases Research-Related HIPAA Guidance Required by 21st Century Cures Act

by Ropes & Gray LLP on

In December 2017, the U.S. Department of Health and Human Services Office for Civil Rights (“HHS OCR”) released two sets of guidance mandated by the 21st Century Cures Act, which was enacted in 2016 (the “Act”). The guidance...more

New cybersecurity threats with potential to impact health care industry identified

by Bricker & Eckler LLP on

On January 4, 2018, the National Health Information Sharing and Analysis Center (NH-ISAC) posted an announcement regarding the cybersecurity threats Meltdown and Spectre that were recently identified....more

The President Can Tweet, But Can A Doctor Text?

by Fox Rothschild LLP on

Text messaging is a convenient way for busy doctors to communicate, but for years, the question has remained: are doctors allowed to convey sensitive health information with other members of their provider team over SMS? The...more

CMS Clarifies that Texting of Orders is Not Permitted

by Murtha Cullina on

On December 28, 2017, the Centers for Medicare and Medicaid Services (CMS) issued a Survey and Certification Memorandum (S&C Memo) to clarify CMS’ position that it prohibits physicians and health care providers from texting...more

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