News & Analysis as of

Privacy Health

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

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

Privacy Tip #113 – Protect Seniors’ Personal Information

I just read an article about a nurse from Florida who was convicted of wire fraud, theft of government funds, possession of unauthorized access devices and aggravated identity theft....more

HIPAA Check: Do You Know What to Do if a Breach Happens to You?

by Williams Mullen on

Breaches happen. They happen to major health systems, and they happen to solo practitioners. They happen to health plans, and they happen to health information technology vendors. In our technology-reliant world, it would be...more

Clinical trials Part II: Privacy, cybersecurity risks, and managing ePHI

by Thompson Coburn LLP on

The ongoing digitization of the drug and medical device industries continues, and, as a result, new considerations have come to the forefront for companies engaged in clinical trials. In Part 1 of this series, we described a...more

Balancing Convenience and Risk: OCR Issues Statement on Use of Mobile Devices

by McGuireWoods LLP on

The U.S. Department of Health and Human Services’ Office for Civil Rights (“OCR”) recently issued guidance emphasizing the increased risks of using mobile devices in the workplace when the mobile devices contain or have...more

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