News & Analysis as of

Data Protection Health Insurance Portability and Accountability Act

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

Internet of Things Issues Guide

by Hogan Lovells on

Devices that formerly existed in only the physical world are now entering the digital world, and as a result, the Internet of Things (IOT) is here. Both familiar and unfamiliar objects are part of the IOT: toothbrushes...more

Global Privacy & Cybersecurity Update Vol. 16

by Jones Day on

UNITED STATES - Regulatory—Policy, Best Practices, and Standards - United States and China Renew Promise Not to Hack - On October 4, U.S. and Chinese officials agreed to not engage in targeted hacking. Per a...more

Ohio Proposes Act to Incentivize Consumer Data Security

by Benesch on

Legislation was recently introduced in Ohio encouraging businesses to take steps in protecting consumer data. Ohio Senate Bill 220, The Data Protection Act (the “Act”), provides businesses that take certain commercially...more

Part Two: In-Depth Look at New York’s New Data Security Bill

Second in a two-part series. Last week, in the first part of this series, we examined several key aspects of New York’s proposed data security law, Stop Hacks and Improve Data Security Act or SHIELD Act. In our second and...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

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

Maryland Data Breach Notification Law Updated: Effective 1/1/18

The Maryland Personal Information Protection Act has been updated and the new provisions are effective January 1, 2018. The new law expands the definition of personal information that is protected under the statute....more

Latest OCR Cybersecurity Newsletter Tackles Mobile Devices

The U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) released its October Cybersecurity Newsletter last week with a focus on mobile devices. Given the amount of work conducted on mobile devices...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

Oregon Court Upholds Public University’s Refusal to Release Patient Tort Claimant Names

On October 19, 2017, the Oregon Supreme Court denied a public records request by The Oregonian Publishing Company, LLC (The Oregonian), a newspaper, to Oregon Health and Sciences University (OHSU), a public health and...more

Data Privacy + Cybersecurity Insider - October 2017 #4

by Robinson & Cole LLP on

Energy and Critical Infrastructure Industries Warned of Increased Attacks by FBI and DHS - The FBI and Department of Homeland Security issued a joint statement on October 20, 2017 warning of an increased danger of a...more

Open Enrollment for 2018: Don’t Forget about HIPAA!

With open enrollment in full swing for many employers, now is a good time to review employee benefit communications. Plan sponsors of health plans are generally responsible for properly administering all of the health plan...more

Cybersecurity 2018 – The Year in Preview: HIPAA Compliance

Like many things in Washington, the HIPAA landscape in 2018 will be shaped by the shifting priorities of President Trump’s new administration. Early signs point to less funding for the Office of Civil Rights (“OCR”) within...more

Is it HIPAA or HIPPA? Either way, it still applies.

by Winstead PC on

I have negotiated hundreds of SaaS agreements for dozens of software companies and I always hated when the company on the other side was a healthcare provider. Invariably, they would bring up Protected Health Information...more

Significant WiFi vulnerability exposed

What is the problem? Belgian researchers have published information about a vulnerability in the most popular WiFi encryption protocol that makes monitoring of all communications possible, except those communications that...more

Data Protection: Patient confidentiality in the age of AI

by DLA Piper on

In our previous article, we considered a typical collaboration between a healthcare institution and a developer of an digital diagnostic system using machine learning or some other form of artificial intelligence. The...more

Is Blockchain Technology the Solution to Health Care's Data Woes?

by Pepper Hamilton LLP on

Many experts believe blockchain technology will drive innovation in health information and that it has the potential to solve critical health care issues, including interoperability, security, records management and data...more

Employer-Sponsored Health Plan HIPAA Compliance Checklist

by Davis Wright Tremaine LLP on

The administrative simplification provision of the Health Insurance Portability and Accountability Act and its implementing regulations (HIPAA) impose obligations on employer-sponsored group health plans. Given recent...more

Global Privacy & Cybersecurity Update Vol. 15

by Jones Day on

UNITED STATES - Regulatory—Policy, Best Practices, and Standards - FTC Comments on Improvements to IoT Device Security - On June 19, the Federal Trade Commission ("FTC") submitted comments to a working group organized by the...more

HHS Issues Limited Waiver of HIPAA Sanctions Post-Hurricane Harvey

The U.S. Department of Health and Human Services (HHS) has used its authority to waive certain provisions of HIPAA in response to Hurricane Harvey. HHS previously declared a public health emergency in Texas and Louisiana...more

Enhanced HHS HIPAA Breach Reporting Tool May Aid Health Care Industry Data Security Efforts

by Jackson Lewis P.C. on

Secretary Tom Price of the U.S. Department of Health and Human Services (HHS) announced his agency needs “to focus more on the most recent breaches and clarify when entities have taken action to resolve the issues that might...more

Failing To Update Compliance Plans May Be Costly

by Roetzel & Andress on

If you are a provider of healthcare services, you need a compliance plan. A compliance plan is a written document that details your practice’s policies, procedures, and operations. While many providers are aware of the...more

Health Care Companies Find Direction to Combat Cybersecurity Threats

by Burr & Forman on

More than 27 million patient records were affected by health care data breaches in 2016, according to a health care cybersecurity company. The cost associated with these breaches is staggering: an estimated $355 per stolen...more

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Cybersecurity

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