News & Analysis as of

Health Insurance Portability and Accountability Act (HIPAA) Data Privacy Patient Privacy Rights

Jackson Lewis P.C.

States Move Forward with Privacy Protections to Close HIPAA Gaps for Health, Reproductive Health Info

Jackson Lewis P.C. on

When it comes to safeguarding health data, the Health Insurance Portability and Accountability Act (HIPAA) is paramount. HIPAA’s extensive reach encompasses nearly all healthcare providers and all health plans, affecting just...more

Holland & Knight LLP

Podcast - What Healthcare Providers Should Be Telling Students and Interns About HIPAA and Snooping

Holland & Knight LLP on

In the second episode of a "Florida Capital Conversations" mini-series on healthcare privacy, Tallahassee healthcare attorneys Shannon Hartsfield and Eddie Williams focus on Health Insurance Portability and Accountability Act...more

Katten Muchin Rosenman LLP

Have You Done Your Part to Comply with Part 2 Changes?

Important changes are coming to 42 CFR Part 2 (Part 2), which deals with the confidentiality of patients’ substance use disorder (SUD) records. On April 16, 2024, the US Department of Health and Human Services (HHS) published...more

Pagefreezer

HIPAA Regulations & Business Associate Agreements In The Age Of Digital Collaboration

Pagefreezer on

The healthcare industry has come up against unprecedented pressure in recent years. Digital transformation has had a significant role to play when it comes to creating the efficiency needed to deal with the challenges of a...more

Kerr Russell

How to Handle Visits or Contacts by an ICE Agent

Kerr Russell on

It has been reported that dentists and other health care professionals have been visited/contacted by U.S. Immigration and Customs Enforcement agents seeking to carry out “immigration policies” and to remove those unlawfully...more

Epstein Becker & Green

Gender-Affirming Care Protections Eroded by Recent HHS Guidance and White House Executive Orders

Epstein Becker & Green on

On February 20, 2025, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced the recission of “HHS Notice and Guidance on Gender Affirming Care, Civil Rights, and Patient Privacy” (the...more

ArentFox Schiff

Implications of New Federal Immigration Policies for Health Care Facilities, Part 2: Patient Privacy Concerns

ArentFox Schiff on

On January 20, the US Department of Homeland Security (DHS) rescinded 2021 guidelines that previously designated hospitals, clinics, and other health care facilities as “protected areas” and limited immigration enforcement...more

Alston & Bird

New York Passes Health Privacy Law – Your Questions Answered

Alston & Bird on

The New York State legislature passed the Health Information Privacy Act (“NYHIPA”) on January 22, 2025, marking the second state to introduce a comprehensive consumer health data law. If passed, the NYHIPA imposes more...more

Holland & Hart - Health Law Blog

Police-Ordered Blood Draws In Idaho

Law enforcement officers often request or demand that Idaho hospitals draw blood or conduct other tests on patients for law enforcement purposes; nevertheless, the general rule remains that patients (including persons in...more

Shook, Hardy & Bacon L.L.P.

OCR Enforcement Activity: Trends and Insights From a Limited Sample

Arecent report put the odds of an asteroid hitting the earth in December 2032 at 3.1%—which is 3,100 times more likely than an organization resolving an enforcement action with the U.S. Department of Health and Human...more

Dickinson Wright

‘Security! Security!’ HHS Proposes Updates to HIPAA’s Security Rule

Dickinson Wright on

Can you remember healthcare security 20+ years ago? It seems like a different world from now. Believe it or not, the HIPAA Security Rule has barely changed since it was first enacted in 2003 and has been long overdue for a...more

Mintz - Health Care Viewpoints

Will New York Be Next to Regulate Specifically Personal Health Information to Further, and Possibly Re-Write, a New Paradigm of...

The New York legislature passed its version of Washington’s My Health My Data Act (“WA MHMDA”) on January 22, 2025. Currently awaiting action by Governor Kathy Hochul, the New York Health Information Privacy Act (“NY HIPA”)...more

Quarles & Brady LLP

Trump Administration Rescinds HHS Guidance on Privacy of Gender Affirming Care Data

Quarles & Brady LLP on

On February 20, 2025, the U.S. Department of Health and Human Services (“HHS”) took action pursuant to President Trump’s Executive Order 14187 (“EO 14187”), which is aimed at ending gender affirming care for minors. EO 14187...more

Epstein Becker & Green

New York’s Health Information Privacy Act Poised to Become the Latest in a Growing Trend of State Data Privacy Laws

Epstein Becker & Green on

New York State appears poised to become the fourth state to explicitly regulate consumer health data not covered by the federal Health Insurance Portability and Accountability Act (HIPAA)....more

Polsinelli

CISA and FDA Sound Alarm on Backdoor Cybersecurity Threat with Patient Monitoring Devices

Polsinelli on

Last week, the U.S. Cybersecurity and Infrastructure Security Agency (“CISA”) and the U.S. Food and Drug Administration (“FDA”) released warnings about an embedded function they found in the firmware of the Contec CMS8000,...more

Constangy, Brooks, Smith & Prophete, LLP

New Year, New Rules? New York’s Health Privacy Bill S-929 advances

Just in time for setting a new year’s resolution, the New York Senate passed health privacy bill S-929. This bill was first introduced during the 2024 legislative session but failed to pass. Now in the early weeks of 2025,...more

Epstein Becker & Green

Proposed Modernization of the HIPAA Security Rules

Epstein Becker & Green on

The HIPAA Security Rule was originally promulgated over 20 years ago. While it historically provided an important regulatory floor for securing electronic protected health information, the Security Rule’s lack of...more

Dentons

Ep. 47 – Make Your HIPAA Security Program Dynamic

Dentons on

“Almost every stage of modern healthcare relies on stable and secure computer and network technologies.” The above is a direct quote from the Office of Civil Rights for Health & Human Services (“OCR”) in its proposed...more

Davis Wright Tremaine LLP

New Administration Outlook: Guidelines for Healthcare Providers Responding to Immigration Enforcement Actions

Executive orders and changes to enforcement directives permitting Immigration and Customs Enforcement (ICE) and agents from other divisions of the Department of Homeland Security to enter sensitive locations, such as...more

Holland & Knight LLP

New York Poised to Transform Health Data Privacy

Holland & Knight LLP on

New York lawmakers have passed a groundbreaking health privacy bill, the New York Health Information Privacy Act (NYHIPA or the Act), which could significantly redefine how entities handle health-related data. The Act, which...more

Dorsey & Whitney LLP

ICE in your Healthcare Facility? No Need to Freeze

Dorsey & Whitney LLP on

​​​​​​​For over a decade, agents with U.S. Immigration and Customs Enforcement (“ICE”) were instructed pursuant to official policies to refrain from conducting law enforcement actions in or near various “sensitive locations”...more

Holland & Knight LLP

Rescission of the DHS Protected Areas Policy: Implications for Healthcare Systems

Holland & Knight LLP on

On the newly installed Trump Administration's first day, the U.S. Department of Homeland Security (DHS) rescinded the Biden Administration's guidelines for immigration enforcement actions in or near protected areas, such as...more

Davis Wright Tremaine LLP

New Administration Outlook: Trump Orders and the Impact on Reproductive Healthcare

On January 24, 2025, President Trump issued an Executive Order, titled "Enforcing the Hyde Amendment," revoking President Biden's two Executive Orders 14076 (July 8, 2022) and 14079 (August 3, 2022) that federally protected...more

Epstein Becker & Green

The Trump Administration’s Immigration Enforcement Policy: What Hospitals and Health Care Providers Must Know for Their Patients,...

Epstein Becker & Green on

It is by now common knowledge that on Inauguration Day, January 20, 2025, President Trump signed numerous executive orders geared toward the implementation of his immigration policy objectives, setting the stage for what he...more

Clark Hill PLC

New York Senate Passes Landmark Health Privacy Bill S-929

Clark Hill PLC on

On Jan. 21, the New York Senate approved a groundbreaking health privacy bill, S-929. The legislation, modeled on Washington state’s My Health My Data Act, aims to extend protections over personal health information beyond...more

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