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

Cost-Benefit Analysis 101 For Healthcare Providers

by Jackson Lewis P.C. on

Nary a week goes by without news of a data breach by a healthcare provider…while there are certainly a good number of breaches resulting from a breach of cybersecurity defenses or from the wrongful exploitation of system...more

What Investors Should Understand About Data Privacy & Security Risks & Opportunities – 5 Key Takeaways

by McGuireWoods LLP on

The next in our series of posts sharing key takeaways from panels at the Healthcare & Life Sciences Private Equity and Lending Conference focuses on data privacy and security. As data privacy and security risks...more

Healthcare Business Owners—HIPAA Still Applies After Closing Down Your Business

by Farrell Fritz, P.C. on

Filefax, Inc. (“Filefax”), an Illinois company that intimately handled sensitive Personal Health Information (“PHI”), paid $100,000 to the Department of Health and Human Services (“HHS”) to settle potential violations of the...more

Minimizing Liability For Business Associate Misconduct

by Holland & Hart LLP on

Healthcare providers, health plans and healthcare clearinghouses (“covered entities”) and business associates are subject to significant penalties for violations of the HIPAA Privacy, Security and Breach Notification Rules....more

Best practices for managing cybersecurity risks related to IoT-connected medical devices

by Hogan Lovells on

Connected medical devices deliver numerous benefits not available before, including improved monitoring of patient welfare and a wealth of vital data. But for all the advantages available through these devices, their...more

Recent Reports Confirm Continuing Vulnerability of Healthcare Industry to Cyber Issues

There seems to be a new scientific study published every day—like this one that alleges that eating cheese every day might actually be healthy. Understandably, many of these studies fly under the radar — but two recently...more

Sticker Shock? The Cyber Shield Act of 2017 Attempts to Make IoT Manufacturers Prioritize IoT Security

by Reed Smith on

The Cyber Shield Act of 2017 is one of the more recent manifestations of the federal government’s increasingly urgent scrutiny over the security of Internet of Things (IoT) devices. This latest proposal, introduced in both...more

Health And Human Services’ OCR Chief: No Slowdown In HIPAA Enforcement

by Fox Rothschild LLP on

Roger Sevrino, director of the Department of Health and Human Services’ Office of Civil Rights, told HIMSS18 conference attendees this week that he plans no slowdown in HIPAA enforcement. “I come from the Department of...more

Privacy Tip #129 – As New Medicare Cards are Issued: Beware of Scams

This writer has been lamenting for years about the fact that Medicare recipients’ Social Security numbers are included on the face of the card. This is an unnecessary risk posed to Medicare recipients, which are primarily...more

Guest Post – Indiana District Court Dismisses Plaintiff’s Lawsuit Against Pharmaceutical Manufacturer For Disclosure of Private...

by Reed Smith on

We have another guest post today, from Reed Smith‘s own Erica Yen. This one is about a recent, interesting decision concerning the interaction between the Health Insurance Portability and Accountability Act (“HIPAA”) and the...more

New York DFS Issues New FAQs Regarding Cybersecurity Regulations

by Weiner Brodsky Kider PC on

The New York Department of Financial Services (DFS) has issued four additional Frequently Asked Questions (FAQs) concerning its cybersecurity regulations that went into effect last year....more

Hosts of health data: certified compliant!

by Hogan Lovells on

The Decree No 2018-137 of 26 February 2018 on the hosting of personal health data has been published on 28 February 2018 in the Official Journal. The Decree defines notably the arrangements for implementing the procedure for...more

Doctor pleads guilty to providing protected health information to drug maker

by Bricker & Eckler LLP on

A pediatric cardiologist from Georgia has pled guilty to wrongfully disclosing the protected health information of hundreds of his patients to an Aegerion Pharmaceuticals Inc. sales representative and executive looking to...more

Privacy Please: HIPAA and Artificial Intelligence – Part I

What if Artificial Intelligence (AI) is deployed within a health system to apply machine learning to patient information, in part, to allow patients to download information and wellness numbers (such as steps, blood pressure,...more

Does GDPR Regulate Clinical Care Delivery by US Health Care Providers?

by McDermott Will & Emery on

The General Data Protection Regulation establishes protections for the privacy and security of personal data about individuals in the European Economic Area countries, and potentially affects the medical tourism programs and...more

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

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