News & Analysis as of

Covered Entities Data Collection Health Insurance Portability and Accountability Act (HIPAA)

BakerHostetler

DSIR Deeper Dive: Tracking the Crackdown on Tracking/Pixel Technologies: Web Litigation and Regulatory Landscape - Part 2

BakerHostetler on

In the first part of this blog post, we looked into the OCR and FTC’s focus on third-party tracking technologies. We also reviewed the AHA Lawsuit and its impact for the use of tracking technologies. In this blog post, we...more

ArentFox Schiff

OCR Finalizes HIPAA Privacy Rule to Support Reproductive Health Care Privacy

ArentFox Schiff on

On April 26, the US Department of Health and Human Services Office for Civil Rights (OCR) published a Final Rule that adds protections under the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule...more

Moore & Van Allen PLLC

New OCR Guidance on Tracking Technologies

Moore & Van Allen PLLC on

On March 18, 2024, the Office for Civil Rights ("OCR") at the U.S. Department of Health and Human Services ("HHS") published updated guidance on the use of online tracking technologies by HIPAA covered entities and business...more

Hogan Lovells

Updated OCR guidance does not solve HIPAA’s tracker uncertainty

Hogan Lovells on

The Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) updated its guidance concerning compliance obligations for HIPAA covered entities and business associates using online tracking...more

Dorsey & Whitney LLP

Broad New Washington Privacy Law Requires Immediate Compliance Action

Dorsey & Whitney LLP on

Companies may face class action lawsuits as early as July 2023 based on Washington’s new privacy law. Governor Jay Inslee recently signed House Bill 1155, the WA My Health, My Data Act (“MHMDA” or “the Act”), giving companies...more

Sheppard Mullin Richter & Hampton LLP

Another Governor Signs: Tennessee Volunteers to Join the Privacy Patchwork

The Tennessee governor has signed Tennessee’s comprehensive privacy law, which as we have indicated will go into effect July 1, 2025. As initially proposed, the law would have been effective July 1, 2024, and would have...more

Bradley Arant Boult Cummings LLP

Tennessee Passes Comprehensive Data Privacy Law

Tennessee has joined the growing number of states that have enacted comprehensive data privacy laws. On the final day of this year’s legislative session, the Tennessee legislature passed the Tennessee Information Protection...more

Holland & Knight LLP

Washington State Imposes Far-Reaching Privacy Obligations for Consumer Health Data

Holland & Knight LLP on

The Washington My Health My Data Act (the MHMD Act) was signed into law on April 27, 2023, creating new restrictions on the collection and disclosure of "consumer health data" by companies in Washington or that is related to...more

Spilman Thomas & Battle, PLLC

OCR and HIPAA Compliance – The Next Step

Recently, lawsuits have been filed against Duke and WakeMed regarding their use of Meta’s Meta Pixel tracking product and the alleged improper disclosure of patients’ protected health information (“PHI”). The U.S. Department...more

Proskauer on Privacy

HHS Bulletin: Covered Entities’ Disclosure of PHI Collected via Online Tracking Technologies Falls under HIPAA

Proskauer on Privacy on

On December 1, 2022, the Office for Civil Rights (OCR) of the U.S. Department of Health and Human Services (HHS) issued a Bulletin to highlight the obligations of HIPAA-covered entities and business associates when using...more

BakerHostetler

OCR Guidance on Use of Tracking Technologies Warrants Review of Website Tech

BakerHostetler on

The U.S. Department of Health and Human Services Office for Civil Rights (OCR) issued guidance regarding covered entities’ and business associates’ use of tracking technologies (the Guidance). As discussed in greater detail...more

McDermott Will & Emery

State Law Privacy Video Series | Healthcare Entities and Health Data

California, Virginia and Colorado have new privacy laws coming into effect in 2023. But now is the time to start preparing your business or organization for compliance. In this video series, we examine the different aspects...more

BCLP

Comparison of the CCPA & CPRA with Pending 2021 Comprehensive Federal Privacy Legislation - S. 1494

BCLP on

In the last year, we continued to see a shift in the privacy landscape of the United States, including the passage of comprehensive privacy legislation in both Virginia and Colorado, while other states still have bills under...more

Health Care Compliance Association (HCCA)

As Covered Entities Inch Toward Normalcy, Thorny Worker, Patient Privacy Issues Arise

Report on Patient Privacy 20, no. 6 (June 2020): Being a health care provider in the midst of a pandemic is complicated enough, between offering telehealth services, perhaps for the first time, and helping workers continue...more

McDermott Will & Emery

[Webinar] Resolving Inconsistencies in Requirements for De-identification and Anonymization of Health Data under CCPA, HIPAA, and...

McDermott Will & Emery on

For companies seeking to use, license, or otherwise commercialize health data, there are potential inconsistencies among the HIPAA de-identification standard, the CCPA definition of de-identified data, and GDPR requirements...more

Holland & Hart - Health Law Blog

Use of PHI for Non-Patient Purposes

In an era of decreasing reimbursement and rapidly expanding opportunities associated with “big data”, healthcare entities may be looking for ways to monetize protected health information (“PHI”) for their own, non-patient...more

McDermott Will & Emery

Inconsistent HIPAA and CCPA De-Identification Standards Create Compliance Challenges

McDermott Will & Emery on

A potential disconnect between the HIPAA de-identification standard and California Consumer Privacy Act (CCPA) definition of de-identified may pose hurdles for HIPAA covered entities, their business associates and other data...more

Womble Bond Dickinson

Health Sector Does Not Completely Avoid the CCPA by HIPAA Exemption (4 Months to Go)

Womble Bond Dickinson on

Don’t wait to implement your California Consumer Privacy Act (CCPA) compliance as it could require changes to your operations. CCPA can apply to businesses even if they do not have offices or employees in California. It can...more

Carlton Fields

Applying the CCPA to Health Care: The HIPAA Exemption, Exercise Apps, and Marketing Data

Carlton Fields on

Despite its breadth, California's new privacy law, the California Consumer Privacy Act (CCPA), creates an exemption designed around the federal Health Insurance Portability and Accountability Act (HIPAA). That exemption is...more

Shumaker, Loop & Kendrick, LLP

Client Alert: The Lack of an Adequate HIPAA Security Risk Assessment is a Common and Costly Mistake by Healthcare Providers: What...

Health care providers and others who must comply with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) have specific requirements under the Security Rule to HIPAA when it comes to their mainte-nance...more

Foley Hoag LLP - Security, Privacy and the...

Sharing Consumer Health Information? Look to HIPAA and the FTC Act

Does your business collect and share consumer health information? Check out these tips from the FTC for complying with HIPAA and the FTC Act....more

Arnall Golden Gregory LLP

Big Data Analytics Under HIPAA

Such privacy laws and regulations as the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule can have a significant impact on the development of health care data analytics in cases where those analytics...more

Faegre Drinker Biddle & Reath LLP

Fitbit Agrees to Sign Business Associate Agreements and Take on HIPAA Compliance

Is your Fitbit data covered by HIPAA? It depends upon where you got it (kind of). If you go to the store and pick up a Fitbit on your own, the data it generates is governed by the user agreement that you click through...more

Poyner Spruill LLP

HIPAA Risk Analysis

Poyner Spruill LLP on

HIPAA relies heavily on risk analysis in multiple contexts. For example, risk analysis has a major role in the Breach Notification Rule under the new regulations issued by the U.S. Department Health and Human Services on...more

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