News & Analysis as of

Health Privacy

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

New York Settles EmblemHealth Breach for $575,000

The recent $575,000 settlement with EmblemHealth signals a push from AG Schneiderman “for stronger security laws and hold[ing] businesses accountable for protecting their customers’ personal data.” Noting New York’s “weak and...more

CMS to Begin Issuing New Medicare Cards Next Month

Last week, the Centers for Medicare & Medicaid Services (CMS) announced that new Medicare cards would be issued starting next month. As we previously reported, the government has been planning to revamp the card to reduce...more

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

Involuntary Commitment Laws And Privacy Restrictions

by Fox Rothschild LLP on

In a recent New York Times op-ed piece entitled “How a Bad Law and a Big Mistake Drove My Mentally Ill Son Away,” the father of a young man involuntarily hospitalized under Florida’s Baker Act decries “privacy laws” for...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

Supreme Court to Hear Argument on California Law Requiring Pro-Life Clinics to Notify Patients of Abortion Services

by Hodgson Russ LLP on

The United States Supreme Court is poised to hear a First Amendment case likely to determine the boundaries for government-imposed speech. Although the case arises in the controversial area of abortion rights, the outcome may...more

Defence + Indemnity: February 2018 - II. LIABILITY ISSUES B.

by Field Law on

II. LIABILITY ISSUES - B. Where a hospital employee leaked the fact that the Plaintiff patient to family members, she was held liable for the tort of publication of embarrassing facts and damages of $7,500 were awarded for...more

HIPAA reports of 2017 small-scale breaches due March 1, 2018

by Thompson Coburn LLP on

Covered entities that discovered small-scale HIPAA breaches during calendar year 2017 must file notice of such breaches with the Office of Civil Rights (OCR) by March 1, 2018. Under HIPAA rules, covered entities do not...more

Liability for HIPAA Violations Continues after a Business Ceases Operations

by Arnall Golden Gregory LLP on

On February 13, 2018, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced its settlement with Filefax, Inc. to resolve alleged violations of the HIPAA Privacy Rule. Filefax was a...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

Liquidator of a Shuttered Business Associate Agrees to $100k Payment for Alleged HIPAA Violations

On February 13, 2018, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced that a receiver appointed to liquidate the assets of Filefax, Inc. agreed to pay $100,000 to settle...more

HIPAA Enforcement Survives Closure of Business

The U.S. Department of Health and Human Services Office for Civil Rights (OCR) recently announced a $100,000 settlement with a company that is no longer in business. Filefax, Inc. (Filefax) was an Illinois company that...more

Who Let The Dogs Out? Ensuring Your Therapy Dog Handlers Keep HIPAA Protected Information On A Tight Leash

by SmithAmundsen LLC on

The prevalence of volunteer therapy dog teams in medical settings has continued to rise in recent years, and so have the risks to the entities these teams visit. Particularly, with every therapy dog comes a handler, someone...more

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