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Data Privacy Patient Privacy Rights

Fox Rothschild LLP

Business Court Assesses Duties to Protect Patient Information Shared Through Electronic Portals

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A Durham County class action asks whether “My Chart,” a widely used portal that medical providers use to communicate with patients about test results, conditions, and treatments should more aptly be labeled “Our Chart.”...more

Health Care Compliance Association (HCCA)

OCR Loses Staff, Faces Move to New ‘Enforcement’ Office; Will HIPAA Focus, Independence Suffer?

Today, the HHS Office for Civil Rights (OCR) stands shoulder-to-shoulder with the likes of the Office of Inspector General and Office of General Counsel, one of just a dozen or so agencies reporting directly to the secretary....more

Pagefreezer

HIPAA Regulations & Business Associate Agreements In The Age Of Digital Collaboration

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The healthcare industry has come up against unprecedented pressure in recent years. Digital transformation has had a significant role to play when it comes to creating the efficiency needed to deal with the challenges of a...more

Kerr Russell

How to Handle Visits or Contacts by an ICE Agent

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It has been reported that dentists and other health care professionals have been visited/contacted by U.S. Immigration and Customs Enforcement agents seeking to carry out “immigration policies” and to remove those unlawfully...more

Epstein Becker & Green

Gender-Affirming Care Protections Eroded by Recent HHS Guidance and White House Executive Orders

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On February 20, 2025, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced the recission of “HHS Notice and Guidance on Gender Affirming Care, Civil Rights, and Patient Privacy” (the...more

ArentFox Schiff

Implications of New Federal Immigration Policies for Health Care Facilities, Part 2: Patient Privacy Concerns

ArentFox Schiff on

On January 20, the US Department of Homeland Security (DHS) rescinded 2021 guidelines that previously designated hospitals, clinics, and other health care facilities as “protected areas” and limited immigration enforcement...more

Alston & Bird

New York Passes Health Privacy Law – Your Questions Answered

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The New York State legislature passed the Health Information Privacy Act (“NYHIPA”) on January 22, 2025, marking the second state to introduce a comprehensive consumer health data law. If passed, the NYHIPA imposes more...more

Holland & Hart - Health Law Blog

Police-Ordered Blood Draws In Idaho

Law enforcement officers often request or demand that Idaho hospitals draw blood or conduct other tests on patients for law enforcement purposes; nevertheless, the general rule remains that patients (including persons in...more

Shook, Hardy & Bacon L.L.P.

OCR Enforcement Activity: Trends and Insights From a Limited Sample

Arecent report put the odds of an asteroid hitting the earth in December 2032 at 3.1%—which is 3,100 times more likely than an organization resolving an enforcement action with the U.S. Department of Health and Human...more

Pullman & Comley, LLC

2025 Ohio Maximum Fees for Copying Medical Records

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The Ohio Department of Health (the “Department”) published its 2025 Medical Records Price Index in accordance with the Ohio Revised Code which sets forth that the fees charged for the copying of medical records may be...more

Dickinson Wright

‘Security! Security!’ HHS Proposes Updates to HIPAA’s Security Rule

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Can you remember healthcare security 20+ years ago? It seems like a different world from now. Believe it or not, the HIPAA Security Rule has barely changed since it was first enacted in 2003 and has been long overdue for a...more

Mintz - Health Care Viewpoints

Will New York Be Next to Regulate Specifically Personal Health Information to Further, and Possibly Re-Write, a New Paradigm of...

The New York legislature passed its version of Washington’s My Health My Data Act (“WA MHMDA”) on January 22, 2025. Currently awaiting action by Governor Kathy Hochul, the New York Health Information Privacy Act (“NY HIPA”)...more

Kerr Russell

What You Should Know about Collecting Past-Due Accounts

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Question: Early in every calendar year our accounts receivable tend to build up due to patients having to pay out of pocket before annual deductibles and co-pays reach their maximums. This typically results in a corresponding...more

Maynard Nexsen

Taking the Pulse, A Health Care and Life Sciences Video Podcast | Episode 223: Cybersecurity and Privacy Risks with Healthcare...

Maynard Nexsen on

This week, Heather and Lauren welcome back their colleague Brandon Robinson, head of Maynard Nexsen’s Data Privacy and Cybersecurity team. Following up on our discussion of data privacy risks for health care providers on...more

Quarles & Brady LLP

Trump Administration Rescinds HHS Guidance on Privacy of Gender Affirming Care Data

Quarles & Brady LLP on

On February 20, 2025, the U.S. Department of Health and Human Services (“HHS”) took action pursuant to President Trump’s Executive Order 14187 (“EO 14187”), which is aimed at ending gender affirming care for minors. EO 14187...more

Epstein Becker & Green

New York’s Health Information Privacy Act Poised to Become the Latest in a Growing Trend of State Data Privacy Laws

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New York State appears poised to become the fourth state to explicitly regulate consumer health data not covered by the federal Health Insurance Portability and Accountability Act (HIPAA)....more

Clark Hill PLC

Right To Know - February 2025, Vol. 26

Clark Hill PLC on

Cyber, Privacy, and Technology Report - Welcome to your monthly rundown of all things cyber, privacy, and technology, where we highlight all the happenings you may have missed....more

Polsinelli

CISA and FDA Sound Alarm on Backdoor Cybersecurity Threat with Patient Monitoring Devices

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Last week, the U.S. Cybersecurity and Infrastructure Security Agency (“CISA”) and the U.S. Food and Drug Administration (“FDA”) released warnings about an embedded function they found in the firmware of the Contec CMS8000,...more

Wyrick Robbins Yates & Ponton LLP

First Lawsuit Filed under Washington’s My Health My Data Act

After Washington adopted the My Health My Data Act (MHMDA) almost two years ago, we and others predicted that the law would lead to a wave of private lawsuits against companies operating in or adjacent to the health space....more

Constangy, Brooks, Smith & Prophete, LLP

New Year, New Rules? New York’s Health Privacy Bill S-929 advances

Just in time for setting a new year’s resolution, the New York Senate passed health privacy bill S-929. This bill was first introduced during the 2024 legislative session but failed to pass. Now in the early weeks of 2025,...more

McDermott Will & Emery

Human Trafficking Monitoring for Telehealth Providers

Telehealth providers are uniquely positioned to monitor for human trafficking when interacting with patients. Survivor records indicate that health services are among the most common points of access to help trafficked...more

Epstein Becker & Green

Proposed Modernization of the HIPAA Security Rules

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The HIPAA Security Rule was originally promulgated over 20 years ago. While it historically provided an important regulatory floor for securing electronic protected health information, the Security Rule’s lack of...more

Dentons

Ep. 47 – Make Your HIPAA Security Program Dynamic

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“Almost every stage of modern healthcare relies on stable and secure computer and network technologies.” The above is a direct quote from the Office of Civil Rights for Health & Human Services (“OCR”) in its proposed...more

Davis Wright Tremaine LLP

New Administration Outlook: Guidelines for Healthcare Providers Responding to Immigration Enforcement Actions

Executive orders and changes to enforcement directives permitting Immigration and Customs Enforcement (ICE) and agents from other divisions of the Department of Homeland Security to enter sensitive locations, such as...more

Pullman & Comley - Connecticut Health Law

Significant 2024 Connecticut Health Care Case Law

Pullman & Comley’s annual survey of health law cases summarizes important decisions issued in 2024 affecting the practice of medicine and the payment for health care services....more

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