News & Analysis as of

Electronic Medical Records Health Insurance Portability and Accountability Act (HIPAA) Health Care Providers

Constangy, Brooks, Smith & Prophete, LLP

FTC amendments to Health Breach Notification Rule are now in effect

On April 24, the Federal Trade Commission announced that it had finalized changes to its Health Breach Notification Rule - to address emerging technologies. Specifically, the Rule was broadened to (1) apply to entities not...more

Nelson Hardiman, LLP

The Limits of AI in Healthcare: Exploring Ethical and Practical Challenges

Nelson Hardiman, LLP on

Modern conveniences from washing machines to GPS simplify our lives. In healthcare, however, new technology has not always streamlined delivery. A prime example is the introduction of Electronic Health Records (EHRs) over the...more

Ballard Spahr LLP

2024 HIPAA Developments

Ballard Spahr LLP on

Over the course of the past few months, the Office of Civil Rights (OCR) and the Office of the National Coordinator for Health Information Technology (ONC), both of which are divisions of the U.S. Department of Health and...more

Holland & Knight LLP

HHS Is Primed to Enforce Information Blocking Conduct

Holland & Knight LLP on

The U.S. Department of Health and Human Services (HHS) continued its commitment to timely and full access to health records on June 24, 2024, through the finalization of its information blocking disincentives rule for...more

K&L Gates LLP

The Countdown to Complete Your Consumer Health Data Privacy Policy Under the Washington My Health My Data Act

K&L Gates LLP on

Almost one year ago, Washington State passed the “My Health, My Data” Act (the Act), which aims to protect Washington consumer health data, particularly data related to reproductive healthcare. The Act is the first law in the...more

Dickinson Wright

How Did They Get My Protected Health Information?

Dickinson Wright on

It is no secret that protected health information (or “PHI”) is more and more at risk for cybersecurity attacks. In 2022 (the most recent year this statistic is available), the Department for Health and Human Services Office...more

Quarles & Brady LLP

Substance Abuse Disorder Records (42 CFR Part 2) Final Rule Is Here!

Quarles & Brady LLP on

The U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) and Substance Abuse and Mental Health Services Administration (SAMHSA) released its anticipated Final Rule last week. The Final Rule revises...more

Robinson+Cole Health Law Diagnosis

CMS Updates Guidance to Allow Texting of Patient Orders

On February 8, 2024, the Centers for Medicare and Medicaid Services (CMS) issued a quality standard memorandum (QSO Memo) updating and revising a memorandum it issued on January 5, 2018, to now permit the texting of patient...more

BakerHostetler

BakerHostetler Files Amicus Brief on Behalf of 30 Hospitals and Health Systems

BakerHostetler on

As noted back in December 2022, the U.S. Department of Health and Human Services Office for Civil Rights (OCR) has issued dramatic guidance (often called the Bulletin) that targets the use of so-called Internet “tracking...more

Ballard Spahr LLP

HIPAA Breach Notifications – A Question of Timing

Ballard Spahr LLP on

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

WilmerHale

Privacy Concerns at the Intersection of Generative AI and Healthcare

WilmerHale on

Artificial intelligence that can create new texts, images, and other content (or“generative AI”) is revolutionizing every industry, and healthcare is no exception. Doctors are experimenting with using generative AI to improve...more

Marshall Dennehey

New Jersey Courts Address Plaintiffs’ Demands to Inspect Electronic Medical Records – Appellate Division Sides with Plaintiffs...

Marshall Dennehey on

Estate of Lasiw by Lasiw v. Periera, 475 N.J. Super. 378 (2023) - Plaintiffs have increasingly demanded to gain access to the Electronic Medical Records (EMR) of health care providers/facilities, citing Rule 4:18-1, and Rule...more

Holland & Knight LLP

Podcast: Keeping an Eye on HIPAA Trends with Shannon Hartsfield

Holland & Knight LLP on

In this episode of our “Florida Capital Conversations” podcast series, healthcare attorney Shannon Hartsfield joins to discuss recent enforcement trends with regard to protected health information and the Health Insurance...more

Manatt, Phelps & Phillips, LLP

Connecticut’s New Law on Consumer Health Data Is Now in Effect—Here’s What You Should Know

Connecticut is the latest state to establish wide-ranging privacy protections for consumer health data and the first to weave such protections into a preexisting comprehensive consumer privacy law. The new law, S.B. 3, amends...more

Health Care Compliance Association (HCCA)

[Event] Healthcare Privacy Compliance Academy - December 11th - 14th, Orlando, FL

Designed for professionals with some compliance knowledge and experience, HCCA’s Healthcare Privacy Compliance Academy is ideal for practitioners who want a deeper understanding of effective compliance management in a...more

Locke Lord LLP

New Restrictions on Storage of ‎Electronic Healthcare Records ‎in Florida

Locke Lord LLP on

On May 8, 2023, the Florida Legislature enacted Senate Bill 264 (“SB 264”), which creates new restrictions on licensed Florida health care providers regarding the storage of patient records. The bill became law as of July 1,...more

Brownstein Hyatt Farber Schreck

Nevada's New Consumer Health Data Law—Explained

During the height of the COVID-19 pandemic, many were surprised to learn that HIPAA does not broadly protect all health-related information. To fill that gap—and to address data protection concerns related to reproductive...more

Manatt, Phelps & Phillips, LLP

New FL Law Bans Offshoring Certain Patient Data & Business Relationships with Specific Countries

A first-of-its-kind Florida law requires health care providers to keep certain patient data within the United States, its territories or Canada....more

McDermott Will & Emery

HIPAA Compliance 101: Lessons from a Recent OCR Settlement

McDermott Will & Emery on

The US Department of Health and Human Services Office for Civil Rights (OCR) recently announced a settlement with a community hospital resolving an investigation under the Health Insurance Portability and Accountability Act...more

Troutman Pepper

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

Troutman Pepper on

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

Kerr Russell

Accessing/Disclosing Prescription Information On Software Platforms

Kerr Russell on

Question: Our eScribe software allows us to access a patient’s prescription history. We are able to see what medications have been prescribed by other health care providers. MAPS also allows us to do this. When requesting...more

McDermott Will & Emery

Top Takeaways | 2023 PPM-ASC Symposium | Leveraging Data Collaborations for Revenue Growth

McDermott Will & Emery on

In this session, the panelists discussed the successes and challenges of a data collaboration between Gastro Health and Lynx.MD, and provided real-world insights into how a physician platform can harness its data to enhance...more

McAfee & Taft

Legislation shines light on health information sharing

McAfee & Taft on

Concerns regarding both the sharing and privacy of patient health information affect every facet of the health care system — from health care providers and their patients to pharmacies and insurance companies alike. According...more

Akerman LLP - Health Law Rx

All Good Things Must Come to an End: The Expiration of OCR’s Enforcement Discretion

On April 11, 2023, the Department of Health and Human Services’ Office for Civil Rights (OCR) confirmed that four notifications of enforcement discretion regarding enforcement of the HIPAA Privacy, Security, and Breach...more

Health Care Compliance Association (HCCA)

[Event] Healthcare Privacy Compliance Academy - August 21st - 24th, Washington, DC

Designed for professionals with some compliance knowledge and experience, HCCA’s Healthcare Privacy Compliance Academy is ideal for practitioners who want a deeper understanding of effective compliance management in a...more

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