News & Analysis as of

Electronic Medical Records Healthcare Data Protection

Troutman Pepper

Final Rule Aligns 42 CFR Part 2 with HIPAA and HITECH

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On February 8, 2024, the Department of Health and Human Services (HHS) posted a final rule that aims to align 42 CFR Part 2 (Part 2) — which protects certain substance abuse disorder (SUD) records — with the Health Insurance...more

Stinson LLP

First of its Kind Privacy Law Signals Fundamental Shift in Protection of Consumer Health Data

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As more and more states consider consumer privacy laws, the first-of-its kind My Health My Data Act (the Act) could be a harbinger of health and wellness compliance requirements to come. The ramifications of Washington...more

Troutman Pepper

New California Law Imposes Significant Data Management Requirements for Sensitive Health Data

Troutman Pepper on

On January 1, California's Assembly Bill No. 352 (AB 352) went into effect, introducing significant changes to the handling and sharing of sensitive health information — particularly information related to reproductive health...more

Ballard Spahr LLP

HIPAA Breach Notifications – A Question of Timing

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You are the HIPAA privacy official of a hospital or health plan (a covered entity under HIPAA). You receive an email from a vendor that handles protected health information (a business associate), informing you that one month...more

Foley & Lardner LLP

Changing Landscape: Federal and State Regulators Focus on Protecting Consumer Health Data

Foley & Lardner LLP on

Recent developments at the federal and state level demonstrate that regulators are focused on protecting consumer health data. Specifically, state and federal regulators want to close the gap between HIPAA-protected data and...more

McDermott Will & Emery

Guarding the Gateway: Florida Tightens Grip on Electronic Health Records Storage

McDermott Will & Emery on

In May 2023, the Florida Legislature amended the Florida Electronic Health Records Exchange Act to add a provision regarding the security and storage of patient information. It took effect on July 1, 2023. To ensure...more

Troutman Pepper

Storm Clouds Form Offshore Under Updated Florida Electronic Health Records Exchange Act

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Background - On July 1, an amendment to the Florida Electronic Health Records Exchange Act (the Act) will go into effect. The Act focuses on information safety and sets forth stringent requirements that prohibit health...more

Burr & Forman

Focus on Electronic Health Information

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There have been several recent governmental actions which highlight the balance between securing electronic patient information and the need for interoperability and appropriate exchange of such information. This article will...more

Wyrick Robbins Yates & Ponton LLP

My Health, My Data, My Class Action Lawsuit: Why the Washington My Health My Data Act Deserves EVERY Company’s Attention

To say there’s been a lot of new privacy law in the last decade is an understatement. For those of us who think we’ve “seen it all,” many of these new laws arrive and elicit a sense of challenge (for the optimists) or mild...more

Robinson+Cole Health Law Diagnosis

REMINDER: October 6 Deadline for Information Blocking Rules Approaches

Health care providers subject to the Information Blocking rules issued under the 21st Century Cures Act, Pub.L. 114–255, are reminded that such Information Blocking rules will apply to an expanded set of information beginning...more

Sheppard Mullin Richter & Hampton LLP

FTC Continues to Signal Interest in Digital Health Industry, Publishing Updated Resources

The FTC recently published two new resources for complying with the Health Breach Notification Rule. The Rule requires vendors of personal health records (PHR), PHR-related entities and service providers to these entities, to...more

Proskauer on Privacy

ONC Releases Interoperability Frameworks

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The 21st Century Cures Act directed the National Coordinator to “develop or support a trusted exchange framework, including a common agreement among health information networks nationally.” Fulfilling that mandate, the Office...more

Pullman & Comley - Connecticut Health Law

ONC Releases New Guidance FAQs on Information Blocking

Recently, the Office of the National Coordinator for Health IT (ONC) issued a new series of helpful FAQs related to its information blocking regulations. The new FAQs cover a wide range of topics, including the content and...more

Foley & Lardner LLP

COVID-19: HHS Permits Business Associates to Use and Disclose PHI for Public Health and Health Oversight Purposes Without Amending...

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The Department of Health and Human Services (HHS) announced on April 2 that HHS is exercising its enforcement discretion to permit business associates to use and disclose protected health information (PHI) for public health...more

McDermott Will & Emery

Health Care Data Compliance in China: FAQ

McDermott Will & Emery on

Data compliance in China’s health care industry is multifaceted and highly sensitive, and applies to numerous types of data generated across the continuum of care. Multiple pieces of legislation prescribe complex regulatory...more

Mintz - Health Care Viewpoints

Regulators Look to Increase Interoperability and Patient Access to Health Data

Federal regulators are flexing their regulatory muscle to accelerate a long-desired but often elusive goal: the interoperability of health information technology (health IT) systems. Interoperability refers to the ability of...more

Robinson+Cole Data Privacy + Security Insider

2.6 Million Atrium Health Patient Records Compromised by Vendor AccuDoc

Atrium Health and its vendor AccuDoc Solutions have released a joint announcement this week that AccuDoc’s database of 2.6 million billing records of Atrium Health’s patients has been compromised by a hacking incident....more

Robinson+Cole Data Privacy + Security Insider

Data Breach Announced by CMS – Approximately 75,000 Individuals’ Files Affected

Cyber-attacks on healthcare data are becoming increasingly common and costly and last week even CMS announced that it had suffered a data breach....more

Robinson+Cole Data Privacy + Security Insider

Proposed New Rules Submitted to OMB on Information Blocking

On September 17, 2018, the federal Office of the National Coordinator for Health Information Technology (ONC) submitted proposed new rules to the Office of Management and Budget (OMB), entitled, “21st Century Cures Act:...more

Robinson+Cole Data Privacy + Security Insider

Confusing Joint Guidance published by OCR and FTC on HIPAA Authorization Forms

There are arguments that there is a dearth of guidance by both the Office for Civil Rights (OCR) and Federal Trade Commission (FTC), so when guidance comes out, we listen. But the most recent guidance jointly issued by the...more

Stinson LLP

HHS Publishes New Guidance on HIPAA and Cloud Computing

Stinson LLP on

The U.S. Department of Health and Human Services Office for Civil Rights (OCR) has issued a new guidance regarding HIPAA compliance and the use of cloud computing solutions. The guidance is intended to assist covered entities...more

Polsinelli

Agencies Encourage New Privacy Regulations to Close the mHealth Black Hole and Keep Pace with Evolving Technologies

Polsinelli on

On July 19, 2016, the ONC submitted a report to Congress which suggests that health privacy regulations soon may be revised to catch up with the universe of mHealth technologies that now use and share personal health data....more

Seyfarth Shaw LLP

OCR Enters into $750,000 Settlement with Physician Practice for HIPAA Violations

Seyfarth Shaw LLP on

On September 2, the Department of Health and Human Services Office of Civil Rights (OCR) announced a settlement with Cancer Care Group, P.C., a thirteen-physician oncology practice in Indiana related to violations of the...more

Robinson+Cole Data Privacy + Security Insider

OCR settlement reiterates importance of proactive security rule compliance

On September 2, 2015, the U.S. Department of Health & Human Services (HHS) announced that Cancer Care Group, P.C. (CCG), a physician practice located in Indiana, agreed to pay $750,000 as part of a settlement to resolve...more

Robinson+Cole Data Privacy + Security Insider

Proposed class action case filed against Medical Informatics Engineering

Medical Informatics Engineering, Inc., an electronic medical record service provider, recently disclosed a data breach affecting approximately 4 million individuals. Within days of the disclosure, Medical Informatics was hit...more

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