Quarles & Brady LLP

HHS OCR Withdraws Tracking Technologies Appeal in AHA v. Becerra

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On August 29, 2024, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) withdrew its appeal of the U.S. District Court for the Northern District of Texas’s (Court) June 20, 2024 decision in...more

McDermott Will & Emery

HHS’s CARES Act Final Rule Better Aligns Part 2 Substance Use Disorder Patient Records Confidentiality Regulations with HIPAA

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On February 8, 2024, the US Department of Health and Human Services (HHS) Office for Civil Rights (OCR) and Substance Abuse and Mental Health Services Administration (SAMHSA) jointly issued a final rule to amend the...more

King & Spalding

OCR Issues Revised Guidance on Use of Online Tracking Technologies as AHA Lawsuit Looms

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On March 18, 2024, the Office for Civil Rights (OCR) of the Department of Health and Human Services (HHS) updated the guidance first issued in December 2022 regarding the use of online tracking technologies in the...more

Foley & Lardner LLP

HHS Updates Pixels and Trackers Guidance for HIPAA Regulated Entities

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Pixels, cookies, and trackers continue to be front of mind for HIPAA regulated entities seeking clarity on their ability to advertise, market, and engage with existing and prospective patients. On March 18, 2024, the U.S....more

Constangy, Brooks, Smith & Prophete, LLP

New Jersey enacts comprehensive privacy law

On January 16, Gov. Phil Murphy (D) of New Jersey signed Senate Bill No. 332 into law. The New Jersey privacy law generally follows the same framework found in many of the comprehensive privacy laws enacted by other states...more

McDermott Will & Emery

3 Questions Healthcare Provider Organizations Need to Consider when Implementing Pixel Tracking Technologies

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Online tracking technologies, such as pixels, have become a common feature of the modern web and app ecosystem. Pixels and other online tracking technologies may be configured to collect user data about website visits,...more

Hogan Lovells

U.S. Senator requests information on ways to improve privacy protections of health data

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Adding to the growing trend of policymakers interested in regulating health and wellness data, last week U.S. Senator Bill Cassidy requested stakeholder feedback to help identify solutions to modernize HIPAA and ensure all...more

Manatt, Phelps & Phillips, LLP

Information Blocking Penalties to Take Effect September 1

More than three years after the federal government issued rules to prohibit “information blocking,” penalties for violating those rules are taking effect. September 1 marks the first day on which certain entities may face...more

ArentFox Schiff

OIG Finalizes Rule Authorizing Civil Monetary Penalties Against Information Blocking Violators

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A final rule published on July 3, 2023, empowers the US Department of Health and Human Services (HHS) Office of Inspector General (OIG) to impose civil monetary penalties (CMP) of up to $1 million for unlawful acts of...more

Proskauer - Health Care Law Brief

OIG Issues Final Information Blocking Enforcement Rule and Highlights the Potential for Referrals to the FTC and FCA Liability

On June 27, 2023, the Office of Inspector General (“OIG”) for the U.S. Department of Health and Human Services (“HHS”) released its final rule (“Final Rule”) implementing penalties for information blocking....more

Holland & Knight LLP

Information Blocking Enforcement Penalties Begin Sept. 1, 2023

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The U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG) recently posted the final rule establishing civil monetary penalties (CMPs) for information blocking (IB Enforcement Rule). The Rule...more

Pierce Atwood LLP

Enforcement of U.S. Consumer Data Privacy Laws Part 1: Federal Agency Enforcement

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A threshold consideration for businesses trying to understand the actors that enforce U.S. consumer privacy laws is an analysis of which laws apply to that business. This is because U.S. consumer privacy laws exist as a...more

Fox Rothschild LLP

Better Keep Health Data Private, FTC Signals to On-Line Health Care Providers

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Watch out HHS, the FTC is taking the lead in enforcing privacy violations by companies also subject to HIPAA. BetterHelp, an on-line mental health platform, engaged in unfair and unreasonable privacy practices according to...more

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 23, Number 1. Privacy Briefs: January 2023

Report on Patient Privacy Volume 23, no 1 (January 2023) The Centers for Medicare & Medicaid Services (CMS) said a data breach at a Medicare subcontractor impacted the personally identifiable information and protected...more

Holland & Knight LLP

Medical Records Ownership and the Information Blocking Rules

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Patients may think they own their medical records. While patients certainly have the right to access and, in many cases, control how their health information is used and disclosed, medical records ownership can be murky....more

Bond Schoeneck & King PLLC

2022 Health Law Outlook

Eye on Health Information Exchange, Data Privacy and Alignment of Federal Standards – Information Blocking, HIPAA Updates and Part 2 Flexibility As we struggle to emerge from the effects of the pandemic, several key federal...more

Husch Blackwell LLP

Information Blocking: College & University Student Health Centers – Does The Rule Apply To Us?

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Since last year, the Husch Blackwell privacy attorneys have been working with various healthcare providers—from hospitals to hospices, to independent physician groups—to comply with the Information Blocking rule (the Rule)...more

Woods Rogers

Patient’s Right to Access Medical Records: HHS-OCR Targets Healthcare Providers Large and Small

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Elizabeth Barry Heddleston Associate Now is a great time for healthcare providers to assess their compliance with HIPAA’s right of access requirements. Not only is this a hot area of enforcement, patients’ rights to access...more

Alston & Bird

New Law Requires HHS to Consider Recognized Security Practices as Mitigating Factor When Determining Penalties

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On January 5, 2021, the president signed into law H.R. 7898, an Act that amends the Health Information Technology for Economic and Clinical Health (HITECH) Act to require the Secretary of Health and Human Services (HHS) to...more

Rivkin Radler LLP

Warning: OCR HIPAA Audits Reveal Widespread Noncompliance

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The U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) recently released an audit report on HIPAA compliance by 166 covered entities and 41 business associates during 2016-2017. The audits included...more

Rivkin Radler LLP

Proposed HIPAA Modification Would Facilitate Care Coordination

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A proposed rule released by the U.S. Department of Health and Human Services on December 10 would give healthcare providers more flexibility to share patients’ health information for certain purposes. The rule, titled...more

Foley Hoag LLP - Security, Privacy and the...

Proposed Amendments to HIPAA Regulations to “Empower Patients, Improve Coordinated Care, and Reduce Regulatory Burdens”

Nearly 20 years to the day after the first HIPAA privacy regulations were announced, HHS has posted proposed revisions to HIPAA, evidence that even after twenty years, HIPAA privacy remains a work in progress. These proposed...more

Fox Rothschild LLP

“I Have An App For That”: ONC’s Information Blocking Rule And HIPAA Access Rights

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A patient asks her doctor to send her test results to an app the patient has downloaded on her phone. The doctor worries that the app is not secure and that the patient might not understand the security risks. What should...more

White and Williams LLP

A National Registry of COIVD-19 Patients: The Legal Implications

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Medical data companies are reportedly volunteering to join the fight against COVID-19 by offering to broadly share confidential, HIPAA-protected patient medical information they possess, including patient demographics,...more

White and Williams LLP

HHS Finalizes New Rules Seeking Interoperability for Electronic Health Information

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On March 9, 2020, the United States Department of Health and Human Services (HHS) issued two new sets of rules under the 21st Century Cures Act designed to provide patients with more control over their health care data. With...more

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