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Health Science, Computers & Technology Privacy

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

K&L Gates Triage: FDA & Health Care Update: The Use of Real-World Data and Real-World Evidence in Medical Product Development

by K&L Gates LLP on

In this episode, Erica Jackson discusses recent guidance from the Food & Drug Administration (FDA) on the consideration of real-world data and real-world evidence in regulatory decision-making related to medical devices and...more

OCR Warns Health Care Industry of Risks with Previous Employees

In its November newsletter, the Office for Civil Rights (OCR) made a great point that we are seeing in the industry—the risks associated with previous employees. According to its newsletter, entitled “Insider Threats and...more

Proposed Law Would Criminalize Failures to Report Data Breaches

A draft bill recently introduced in the U.S. Senate serves as a good reminder that compliance with data breach reporting requirements is critical. This bill follows significant, high-profile data breaches by Uber and Equifax,...more

Henry Ford Health System Notifies 18,000+ Patients of Health Data Breach

On December 6, 2017, Henry Ford Health System (HFHS) disclosed that health information of 18,470 patients may have been viewed or stolen. HFHS became aware of the incident on October 3, 2017 after employee credentials were...more

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

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

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

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

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

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

CMS Addresses Lingering Uncertainties and Raises Others via MACRA Information Blocking Guidance

The Centers for Medicare & Medicaid Services (CMS) recently issued guidance intended to help clinicians eligible for the Merit-based Incentive Payment System (MIPS) navigate an attestation required thereunder concerning the...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

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