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Health Communications & Media

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

Legislative Session Primer: Governor Holcomb's Agenda and Study Committee Recommendations

by Faegre Baker Daniels on

The legislative season will officially get underway on Tuesday, November 21 when the Indiana General Assembly convenes at the Statehouse for its annual Organization Day. Two newly elected state representatives will be sworn...more

If a Tree Falls in the Forest . . .

by Faegre Baker Daniels on

It was Bishop Berkeley who asked rhetorically, “If a tree falls in the forest and no one hears it, does it make a sound?” The judge in Pediatric Nephrology Assocs. v. Variety Children’s Hospital didn’t mention either the...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

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

ONC’s De-Regulatory Announcement Aims at Enticing Industry to Adopt 2015 Edition Criteria

by McDermott Will & Emery on

In September, the Office of the National Coordinator for Health Information Technology (ONC) announced that it is scaling back requirements for third-party certification of criteria related to certified electronic health...more

Bad For Your Health: Lawsuit Advertising Implications And Solutions

by Shook, Hardy & Bacon L.L.P. on

Shook, Hardy & Bacon Partner Cary Silverman has authored a report for the U.S. Chamber Institute for Legal Reform examining the effects of advertising soliciting plaintiffs for lawsuits targeting prescription drugs and...more

The Past, Present, and Future of Government Regulation of Off-Label Communications – Part 5

In this post, I will be focusing on the intersection of off-label communications with government enforcement of health care fraud through the False Claims Act. Over the past eight years, the U.S. Department of Justice (“DOJ”)...more

Data Privacy + Cybersecurity Insider - October 2017 #4

by Robinson & Cole LLP on

Energy and Critical Infrastructure Industries Warned of Increased Attacks by FBI and DHS - The FBI and Department of Homeland Security issued a joint statement on October 20, 2017 warning of an increased danger of a...more

AD-ttorneys@law

by BakerHostetler on

On paper, FemaLife’s benefits sound great. The company made a series of boasts regarding its Super Flora Probiotic that positioned it as the answer to numerous problems: “If [your body] doesn’t receive the adequate nutrition...more

Healthcare Cyber: House Inquiry Targets Medical Software

In its latest inquiry into cybersecurity risks in the healthcare sector, the House Energy and Commerce Committee last week requested a “formal briefing” from medical transcription vendor Nuance Communications, Inc. concerning...more

Children's Products and the "Internet of Things": Data Privacy Beyond COPPA

by Stinson Leonard Street on

In this internet age, "smart" children’s products—those that collect, transmit or store electronic data—are on the rise. By some estimates, the smart toy market will reach $11.3 billion in sales by 2020. Manufacturers of...more

Is it HIPAA or HIPPA? Either way, it still applies.

by Winstead PC on

I have negotiated hundreds of SaaS agreements for dozens of software companies and I always hated when the company on the other side was a healthcare provider. Invariably, they would bring up Protected Health Information...more

Vermont AG Settles with SAManage for $264,000 for Delayed Breach Notification

The Vermont Attorney General (AG) recently announced that it has settled with SAManage USA, a business support services company, for failing to timely notify 660 Vermont residents that their names and Social Security numbers...more

Business Associate Resold Fax Machine Containing PHI

Fax machines are still used in the medical community, and these days, faxing may be more secure than emailing as hackers have not yet cracked the task of hacking into old fax machines. All kidding aside, fax machines have...more

Building a Health App? Part 4: Avoiding an FTC Enforcement Action

The market for apps designed to improve health and wellness or even to diagnose and treat medical conditions continues to grow. Last week, the U.S. Food and Drug Administration (“FDA”) approved a new smartphone-based “carbon...more

FDA Approves First Qualified Health Claim about Allergy Prevention on Baby Food Labels

by Proskauer - Advertising Law on

Last month, the FDA announced that companies will be able to label baby food products with advice about how the early introduction of peanuts in an infant’s diet may reduce the risk of developing a peanut allergy. This marks...more

McAfee Report Lists Health Care Sector as Most Targeted Industry for Cyber-Attacks

In its cyber security incident report outlining vulnerabilities for the second quarter of 2017, security firm McAfee lists the health care sector as having suffered the most security incidents, which surpasses the public...more

Ontario introduces bill to promote transparency in healthcare industry

by DLA Piper on

On September 27, 2017, Ontario’s Minister of Health and Long-Term Care, Dr. Eric Hoskins, introduced proposed legislation that aims to add transparency to certain marketing practices employed by the medical industry, in...more

Corporate Law & Governance Update - October 2017

by McDermott Will & Emery on

Governance Implications of Equifax - Numerous elements of the Equifax controversy implicate corporate governance across a broad range of oversight, insurance, executive transition and accountability topics. These are...more

Data Privacy + Cybersecurity Insider - October 2017

by Robinson & Cole LLP on

McAfee Report Lists Health Care Sector as Most Targeted Industry for Cyber-Attacks - In its cybersecurity incident report outlining vulnerabilities for the second quarter of 2017, security firm McAfee lists the health care...more

The State AG Report Weekly Update

by Cozen O'Connor on

AG Elections- Democrat Peter Neronha Declares Candidacy for Rhode Island Attorney General- Democrat Peter Neronha formally announced his bid to become Rhode Island AG in 2018. Neronha served as U.S. Attorney for the...more

The Devil is Really in the Details: FDA Issues Warning Letter to a Drug Company for Disseminating False and Misleading Information

by Arnall Golden Gregory LLP on

They’re back. The Food and Drug Administration’s Office of Prescription Drug Promotion (OPDP), which has been relatively quiet on the enforcement front, issued a Warning Letter to a pharmaceutical company for distributing...more

Social Media Success: Trends in Pharma Digital Strategies

by Knobbe Martens on

Information, the majority (73%) of pharmaceutical marketing teams expect to use or continue to use the popular social media forum Facebook to facilitate their digital marketing strategies over the next one to two years....more

The Biggest Health Care Data Breaches in 2017

Health Data Management (HDM), using information compiled by Protenus Breach Barometer, published a list this week of the biggest health care data breaches so far in 2017....more

Coming soon from FDA? Streamlined safety information in prescription drug television ads

by DLA Piper on

Most people are by now familiar with prescription drug TV ads that provide lengthy (and often confusing) laundry-list descriptions of numerous potential safety risks (seemingly regardless of the severity or likelihood of the...more

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