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Privacy Science, Computers & Technology Health

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

Supreme Court Denies Cert Petition in CareFirst v. Attias

by Ballard Spahr LLP on

Earlier this week, the Supreme Court of the United States denied certiorari in CareFirst v. Attias, a closely watched case that some thought provided the Court with an opportunity to clarify the standing analysis under Spokeo...more

Supreme Court Declines Review of Standing in Data Breach Class Actions

by Carlton Fields on

Counsel hoping for Supreme Court guidance on standing issues dividing the circuit courts will have to wait a bit longer. On February 20, the Court denied a petition for writ of certiorari in Attias v. CareFirst to resolve a...more

Indemnification For Data Breaches: Understanding And Allocating Risk

by Ellis & Winters LLP on

Many contracts between companies and their service providers have broad indemnification provisions. How do those provisions apply in the context of a privacy breach? Today’s post looks at that question—in particular, a...more

Reminder: Notice of 2017 small HIPAA breaches due to HHS soon

by Bricker & Eckler LLP on

The deadline to submit notice to the Department of Health and Human Services (HHS) of small HIPAA breaches (those that affected fewer than 500 individuals) discovered in calendar year 2017 is March 1, 2018....more

Recent OCR Newsletter Highlights Growing Cyber Extortion Threat for Healthcare Organizations

by BakerHostetler on

The OCR’s January 2018 newsletter details specific types of cyber extortion that healthcare organizations are currently encountering, including ransomware, denial of service attacks, distributed denial of service attacks and...more

HHS to Collect Data From the EMS System: Good Time to Examine Accounting, Cost, Billing, and Collection Systems

by Foley & Lardner LLP on

While recent legislation impacting the Emergency Medical Services (EMS)/ambulance industry drew attention inside the industry for its reduction in Health and Human Services’ (HHS) spend on non-emergent dialysis transports and...more

Ciox Health, LLC Initiates Lawsuit against the Department of Health and Human Services Over Medical Records Request Fees under...

On January 8, 2018, Ciox Health, LLC (Ciox) filed a complaint against the Department of Health and Human Services (HHS) and then-acting Secretary Eric D. Hargan, alleging that the Department’s rules and guidance, under HIPAA...more

HIPAA Small Breach Notifications Due March 1

by Davis Wright Tremaine LLP on

March 1, 2018 is the date by which HIPAA covered entities must notify the U.S. Department of Health and Human Services Office for Civil Rights (OCR) of “small” breaches of unsecured protected health information that were...more

Data Privacy + Cybersecurity Insider - February 2018 #2

by Robinson & Cole LLP on

Cisco is warning customers using its Adaptive Security Appliance (ASA) software about a virtual private network (VPN) bug that could "allow an unauthenticated, remote attacker to cause a reload of the affected system or to...more

Major Portion Of January Data Breaches Target Health Care

by Fox Rothschild LLP on

According to the monthly report from the Identity Theft Resource Center, the health care industry suffered more data breaches in January than government, educational and financial sectors combined. Medical and health...more

A Super-Bowl Sized HIPAA Settlement Results in $3.5 Million Payment

On February 1, 2018, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced that Fresenius Medical Care North America (FMCNA) agreed to pay $3.5 million and enter into a Corrective...more

Beware: HIPAA Applies To The Health Plans You Never Knew You Had (Part 2: Wellness Programs)

by Fox Rothschild LLP on

Many employers who offer wellness programs to their employees may not have considered compliance with HIPAA privacy, security and breach notification rules (collectively, “HIPAA Rules”), since they don’t think of their...more

U.S. Supreme Court Watch: Whether to Resolve Circuit Split on Standing for Data Breach Plaintiffs

At its first conference this month, the U.S. Supreme Court will consider whether to weigh in on a Circuit split over standing to sue in the aftermath of a data breach. ...more

Class Action Suit Filed Against Allscripts for Ransomware Attack

Allscripts Healthcare Solutions Inc. notified its electronic medical record customers last week that a ransomware attack was behind the disruption of service for medical providers....more

Artificial Intelligence and Health Care—Key Regulatory Considerations for U.S. Operations

by Jones Day on

The Situation: Artificial intelligence is being used in innovative ways in the health care industry to drive down costs and improve clinical outcomes. The Issue: The health care industry, including the provision of health...more

Selecting EHR Vendors: An ounce of prevention is worth a pound of cure

by McAfee & Taft on

Management of electronic health records (EHR) is a complicated yet necessary task in the modern practice of medicine. To reduce the administrative burden of managing EHR records, many physicians and other healthcare...more

SAMHSA Updates Privacy Regulations to Reflect Advancements in Healthcare

by BakerHostetler on

On Jan. 3, 2018, the Substance Abuse and Mental Health Services Administration (SAMHSA) issued its final rule regarding the Confidentiality of Substance Use Disorder Patient Records Part 2. These changes become effective Feb....more

Aetna $17.2 Million Breach Settlement Brings Lessons for Handling Health Data

by Hogan Lovells on

Aetna will pay almost $17.2 million to settle a federal class action lawsuit stemming from a 2017 mailing that disclosed the HIV status of health plan members. ...more

NHS Digital Publishes Guidance for Health and Care Organisations Using Cloud Services and Data Offshoring

NHS and social care organisations in the UK are being encouraged to take a fresh look at public cloud services given the myriad benefits of doing so. The guidance is timely given the coming into force of the GDPR in May,...more

Beware: HIPAA Applies To The Health Plans You Never Knew You Had (Part 1: Employee Assistance Programs)

by Fox Rothschild LLP on

You may be surprised to learn that those “extra” benefits your company offers to its employees such as your employee assistance program (“EAP”) and wellness program likely are subject to the HIPAA privacy, security and breach...more

Privacy Update: Texting Patient Information

by Buchalter on

CMS has issued a memorandum clarifying its position on texting and recognizing that the use of texting has become an essential and valuable means of communication between health care team members. The takeaways from the...more

AGG Food and Drug Newsletter - January 2018

by Arnall Golden Gregory LLP on

Arnall Golden Gregory LLP's Food and Drug Newsletter is a monthly update of legal and regulatory issues that affect the FDA-regulated community, including regular updates on legislative initiatives from AGG’s Washington, DC...more

Aetna Agrees to Pay $17 Million and Implement Best-Practices Policy to Settle Claims of HIV-related Privacy Violations

by BakerHostetler on

Last week, Aetna agreed to resolve class action claims of privacy violations related to the disclosure of thousands of members’ HIV status. The agreement will require the insurance giant to pay over $17 million into a...more

The State AG Report Weekly Update

by Cozen O'Connor on

Cozen in the News- JB Kelly Interviewed by Natural Products Insider on FTC Guidance for Multi-Level Marketers- JB Kelly, member of Cozen O’Connor’s State Attorneys General practice, was interviewed by Natural Products...more

2018 Health Information Privacy and Security New Year’s Resolutions

by Davis Wright Tremaine LLP on

To start off the New Year, here are some potential health information privacy and security resolutions. You can use these Annual, Quarterly, and Monthly lists to map out your privacy and security tasks for the year, and then...more

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