News & Analysis as of

Data Protection Data Security Covered Entities

Ogletree, Deakins, Nash, Smoak & Stewart,...

HHS Proposed Rule Would Increase Cybersecurity Requirements for Electronic Health Data

The U.S. Department of Health and Human Services (HHS) recently released a proposed rule to better protect electronic health data from cybersecurity threats. The proposed rule would apply to health plans, healthcare...more

Fisher Phillips

PEOs Need to Prepare for Increased Cybersecurity Requirements Thanks to Proposed HIPAA Security Rule Revisions

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With the HIPAA Security Rule set to undergo a massive overhaul to boost cybersecurity protections, PEOs need to take note. After all, as stewards of worksite employee and client company data – and as sponsors of group health...more

Fisher Phillips

Proposed Updates to HIPAA Security Rule Would Require Entities to Adopt Enhanced Cybersecurity Measures

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The HIPAA Security Rule may soon undergo a big overhaul that would better defend healthcare data from cybersecurity threats – and require much more from covered entities when it comes to establishing and maintaining defenses....more

Hinch Newman LLP

DOJ Issues Rule Addressing Threat Posed by Foreign Adversaries’ Access to Americans’ Sensitive Personal Data

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On Friday, December 27, 2024, the Justice Department issued a final rule to address “urgent national security risks posed by access to U.S. sensitive personal and government-related data from countries of concern and covered...more

Health Care Compliance Association (HCCA)

2nd Settlement Triggered by 2017 Ransomware Attack Costs WA Practice $100K; ‘Not a Breach’

Let’s review for a moment. It’s not a HIPAA violation to be a victim of ransomware. It’s not a HIPAA violation to pay a ransom. It’s up to the covered entity (CE) to determine if a security or privacy incident is a...more

Quarles & Brady LLP

HHS Tracking Technology Guidance Vacated by Federal Court

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On Thursday, June 20, 2024, a U.S. District Court Judge ruled that the U.S. Department of Health and Human Services, Office for Civil Rights (“HHS”) overstepped its authority to act when issuing its December 2022 bulletin...more

Fisher Phillips

FAQs for Businesses as Texas Data Privacy Law Takes Effect July 1

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Texas will soon be the next state to have a comprehensive consumer data privacy and security law when the Texas Data Privacy and Security Act takes effect on July 1. It will require businesses to take several compliance...more

Bond Schoeneck & King PLLC

American Privacy Rights Act

On April 7, 2024, Representative Cathy McMorris Rodgers and Senator Maria Cantwell introduced the American Privacy Rights Act (APRA) setting forth national data privacy rights and proposing a single, comprehensive federal...more

McGuireWoods LLP

Ounce of Prevention: Are You Keeping Track of Your Business Associate Agreements’ Requirements?

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Applicable Provider Types: All - Is Your Entity in Compliance? The Health Insurance Portability and Accountability Act of 1996, as modified by the Health Information Technology for Economic and Clinical Health Act of 2009...more

Fisher Phillips

Insider Threats to Healthcare Data: What You Need to Know and 5 Steps You Can Take Now

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Healthcare data breaches are occurring more frequently and on larger scales than ever before – and while you defend against cyberattacks and other external threats, make sure you do not overlook the critical role your...more

McGuireWoods LLP

Ounce of Prevention: Do You Have Business Associate Agreements With Every Required Party?

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Applicable Provider Types: All - Is Your Entity in Compliance? The Health Insurance Portability and Accountability Act of 1996, as modified by the Health Information Technology for Economic and Clinical Health Act of 2009...more

Akin Gump Strauss Hauer & Feld LLP

Delaware Data Protection Act: What Businesses Need to Know

In September 2023, Delaware became the seventh state in 2023 to enact comprehensive privacy law with the Delaware Personal Data Privacy Act (DPDPA), joining Indiana, Iowa, Montana, Oregon, Tennessee and Texas. The DPDPA will...more

Health Care Compliance Association (HCCA)

Privacy Briefs: May 2024

Kaiser Permanente is notifying 13.4 million current and former members that their personal information may have been compromised when it was transmitted to tech giants Google, Microsoft Bing and X (formerly Twitter) when...more

Orrick, Herrington & Sutcliffe LLP

The American Privacy Rights Act: 5 Things You Need to Know

Two leading U.S. legislators have unveiled a bipartisan plan to enact the first comprehensive federal data privacy law. The proposed American Privacy Rights Act (APRA) largely mirrors common themes in the patchwork of state...more

Katten Muchin Rosenman LLP

OCR Updates Guidance on Use of Online Tracking Technologies by HIPAA Covered Entities and Business Associates

On March 18, the Office for Civil Rights (OCR) at the US Department of Health and Human Services (HHS) updated its guidance on the use of online tracking technologies by covered entities and business associates (regulated...more

McGuireWoods LLP

Successive HIPAA Breaches Lead to $1.3 Million Settlement for Nation’s Largest Public Health Plan

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On Sept. 11, 2023, the U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) announced that the Local Initiative Health Authority for Los Angeles County (LA Care) entered into a $1.3 million settlement...more

Fisher Phillips

Beyond HIPAA: What Businesses Need to Know as States Join Trend to Protect Consumer Health Data

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For decades, medical providers and other covered entities have satisfied their health-data privacy obligations by complying with the federal Health Insurance Portability and Accountability Act (HIPAA) — but this is changing...more

Bond Schoeneck & King PLLC

Nevada Enacts Expansive New Consumer Health Privacy Act

On June 5, 2023, the Nevada Legislature passed an amended version of Senate Bill 370 (SB 370 or the Act), which imposes new requirements on the collection, use and sale of consumer health data. The bill was signed on June 22,...more

Morgan Lewis

The Broad Reach of Washington State’s My Health My Data Act

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The My Health My Data Act, signed by the governor of Washington State, is expected to have an impact on the privacy practices of a wide range of digital health businesses—potentially reaching beyond the state’s borders. While...more

Moore & Van Allen PLLC

Texas Passes a Comprehensive Privacy Law

In June, Texas became the tenth state with a comprehensive privacy law. The Texas Data Privacy and Security Act (“TDPSA”) contains familiar provisions from other state privacy laws regulating the collection, use, processing,...more

Benesch

Recent Dental Benefit Provider Data Breach Highlights Legal Risks and Need for Proactive Mitigation

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Data Breaches risk legal consequences—both from state and federal governments and consumers, as well as reputational harm. Last month, MCNA—a dental benefit provider—provided notice of a data breach that exposed the...more

McGuireWoods LLP

HIPAA Privacy Rule Changes Coming in 2023: Five Steps to Prepare

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In 2023, the Department of Health and Human Services (HHS) is expected to finalize proposed modifications to its regulations under the Health Insurance Portability and Accountability Act of 1996, as modified by the Health...more

Davis Wright Tremaine LLP

New Washington Law Has Broad Implications For Protecting Consumer Health Data - Landmark ‘My Health My Data’ Act Reaches Beyond...

On April 27, 2023, Washington Governor Jay Inslee signed into law the My Health My Data Act (the "Act"), which will regulate the collection, use, and disclosure of "consumer health data" ("Consumer Health Data" or "CHD"). The...more

Jones Day

Vital Signs Digital Health Law Update | Winter 2023

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Note From the Editors - We bring you Vital Signs, a curated, one-stop resource on the most notable digital health law updates from our U.S. and global contributors. In Industry Insights, our lawyers take an in-depth look at...more

BakerHostetler

OCR releases YouTube Addressing “Recognized Security Practices” in HIPAA Enforcement Context

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As a Halloween treat for HIPAA-covered entities and business associates, on October 31, the Department of Health and Human Services Office for Civil Rights (OCR) released a new video on its YouTube channel, in which senior...more

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