News & Analysis as of

Health Insurance Portability and Accountability Act (HIPAA)

Dentons

Ep. 34 – Implementing Changes to Part 2 Regulations Governing Substance Use Disorder Records

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On March 27, 2020, Congress enacted the Coronavirus Aid, Relief & Economic Security Act (CARES Act) which included provisions requiring the U.S. Department of Health & Human Services (“HHS”) to better align the federal...more

Epstein Becker & Green

OCR Withdraws Appeal of District Court Order Declaring Unlawful and Vacating the “Proscribed Combination” Portion of Its HIPAA...

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On March 18, 2024, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) issued updated guidance regarding the use of online tracking technologies by entities and business associates subject to...more

Baker Donelson

Temporary Regulatory Relief for South Carolina Health Care Providers Responding to Hurricane Helene

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South Carolina Governor Henry McMaster declared a State of Emergency on September 25, 2024, to prepare for Hurricane Helene. On September 29, 2024, the Federal Emergency Management Agency (FEMA) issued a Federal Major...more

Robinson+Cole Data Privacy + Security Insider

OCR Settles Fourth Ransomware Investigation

The Office for Civil Rights of the Department of Health and Human Services (OCR) announced on September 26, 2024, that it had entered a settlement with Cascade Eye and Skin Centers (together, Cascade) for $250,000 following...more

Ballard Spahr LLP

Tobacco Surcharge Lawsuits Lighting Up Common Wellness Program Designs

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A new and unprecedented wave of class action complaints is targeting a common feature of many employer-sponsored benefit plans: tobacco-user surcharges. These surcharges are often part of a wellness program that charges...more

Troutman Pepper

The Rise of State Attorney General Privacy Enforcement

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Since the passage of the California Consumer Privacy Act (CCPA) in 2018, and in the absence of a comprehensive data privacy law at the federal level, states have increasingly sought to enact their own privacy legislation. ...more

Stevens & Lee

Pennsylvania Health System Settles HIPAA Violations Amid Rising Ransomware Threats

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On July 1, 2024, the U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) announced a significant settlement with Western Pennsylvania’s Heritage Valley Health System following potential HIPAA...more

Stevens & Lee

Compliance Deadlines Approaching for HIPAA Final Rule Supporting Reproductive Health Care Privacy

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Effective June 25, 2024, the U.S. Department of Health & Human Services’ Office for Civil Rights (HHS) issued a Final Rule modifying the HIPAA Privacy Rule to enhance reproductive health care privacy. This change follows the...more

Nelson Mullins Riley & Scarborough LLP

Particle Health, Epic, Carequality, and the Economics of Health Information Exchange

Particle Health Inc's 81-page antitrust lawsuit against Epic Systems Corporation, filed in federal court in New York on September 23, raises a number of important questions, including what extent of information sharing is...more

BakerHostetler

What’s Hot in Healthcare: Digital Health Regulatory Update

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As the summer winds down, regulatory updates related to digital health services certainly do not appear to be showing any signs of cooling off. It has been a busy summer, and below we have summarized several key updates for...more

Groom Law Group, Chartered

Recent Lawsuits Target Health Plan Premium Surcharges Based on Tobacco Use

There is a new series of putative class action lawsuits in which the plaintiffs allege that employers that sponsor self-funded health plans with health plan premium surcharges related to tobacco use or vaccination status...more

Sheppard Mullin Richter & Hampton LLP

Healthcare Needs More Hackers: A Discussion with Ilona Cohen

Ethical hackers are becoming crucial allies in the battle against healthcare data breaches and ransomware attacks. In the twelfth episode of Sheppard Mullin’s Health-e Law Podcast, Ilona Cohen, Chief Legal Officer and Chief...more

Bradley Arant Boult Cummings LLP

Group Health Plan Sponsors Take Note: New Developments Relating to the Privacy and Cybersecurity of Plan Participants’ Health...

There have been two important developments in the law applicable to the privacy and cybersecurity of group health plan participants’ health information. Plan sponsors must review plan policies and procedures, provider...more

Faegre Drinker Biddle & Reath LLP

Reproductive Health Information Protections Afforded by New HIPAA Privacy Guidance

On April 26, 2024, the U.S. Department of Health and Human Services (HHS) issued a Final Rule updating certain Health Insurance Portability and Accountability Act (HIPAA) privacy rules with respect to the disclosure of...more

Cozen O'Connor

2025 Begins with Five More State Privacy Laws

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Get ready to ring in the new year with five new state privacy laws. 2025 will see five new comprehensive consumer privacy laws quickly coming into effect. Four laws, the Delaware Personal Data Privacy Act (DPDPA), the Iowa...more

Goodwin

A Look Ahead in Life Sciences: What We Are Tracking in the Fourth Quarter of 2024 and Beyond

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As the life sciences, medtech, and diagnostic industries continue to expand and grow increasingly complex, so does the legal, regulatory, and compliance landscape....more

Nelson Mullins Riley & Scarborough LLP

Hurricane Season Brings Limited HIPAA Privacy Rule Relief

Hurricane Helene tore through the Southeastern United States from September 26-28, dumping nearly 30 inches of rain in some western North Carolina communities and causing catastrophic flooding, mudslides and wind damage along...more

Jackson Lewis P.C.

Key Takeaways for Healthcare Providers Following HHS OCR’s Most Recent Ransomware Investigation

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Announcing its fourth ransomware cybersecurity investigation and settlement, the Office for Civil Rights (OCR) also observed there has been a 264% increase in large ransomware breaches since 2018....more

Proskauer - Health Care Law Brief

Shortly After its Online Tracking Technologies Bulletin is Declared Unlawful, HHS-OCR Stands Down, Withdraws Appeal

On August 29, 2024, the Office for Civil Rights of the United States Department of Health and Human Services (“HHS-OCR”) withdrew its appeal of an order by the United States District Court for the Northern District of Texas’...more

Dechert LLP

Dechert Cyber Bits - Issue 62

Dechert LLP on

FTC and DOJ Reach US$2.95 Million Settlement with Verkada for Alleged Violations of the FTC Act and CAN-SPAM Act - On August 30, 2024, the Federal Trade Commission (“FTC”) announced a proposed order with Verkada Inc....more

Jackson Lewis P.C.

Investigation of AI Training by Australian Radiology Provider Provides Important Reminder for U.S. Healthcare Providers

Jackson Lewis P.C. on

If there is one thing artificial intelligence (AI) systems need is data and lots of it as training AI is essential for achieving success for a given use case. A recent investigation by Australia’s privacy regulator into the...more

Epstein Becker & Green

New HIPAA Final Rule: Key Changes to Reproductive Health Care Privacy - Thought Leaders in Health Law®

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The U.S. Supreme Court’s 2022 decision in Dobbs v. Jackson Women’s Health Organization to eliminate the federal constitutional right to abortion continues to alter the legal landscape across the country. On April 26, 2024,...more

Nelson Mullins Riley & Scarborough LLP

Providers Must Comply With Reproductive Health Amendment HIPAA Privacy Final Rule Soon

On April 22, the United States Department of Health and Human Services (HHS) Office for Civil Rights (OCR) released a Final Rule prohibiting the use and disclosure of protected health information (PHI) related to lawful...more

Health Care Compliance Association (HCCA)

HHS Abandons Appeal in Public Website Pixel Case, But CEs and BAs Should Expect Continued Scrutiny

The HHS Office for Civil Rights (OCR) has abandoned its appeal of a federal judge’s ruling overturning OCR’s guidance prohibiting covered entities (CEs) and business associates (BAs) from using the web-tracking technologies...more

Epstein Becker & Green

Upcoming Consumer Privacy Laws: What Organizations Must Know for 2024 and 2025

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Over the past several years, the number of states with comprehensive consumer data privacy laws has increased exponentially from just a handful—California, Colorado, Virginia, Connecticut, and Utah—to up to twenty by some...more

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