News & Analysis as of

Health Insurance Portability and Accountability Act (HIPAA) Security and Privacy Controls

Health Care Compliance Association (HCCA)

Former OCR Director Fontes Rainer Reflects On ‘Imperfect’ RSP Law, Urges Final Security Reg

In October, the HHS Office for Civil Rights (OCR) fined Providence Medical Institute (PMI) $240,000, an amount that reflected a 20% discount for having “recognized security practices” (RSPs) in place. But many more covered...more

BCLP

Pressure-Testing Your Privacy Program for 2025

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With the onslaught of new privacy, AI and cyber legislation coupled with promises for enforcement and class action litigation, running a well-functioning and flexible privacy and cyber program is increasingly a critical...more

Goodwin

HHS Proposes Major Revisions to HIPAA Security Rule

Goodwin on

On December 27, 2024, the Department of Health and Human Services (HHS) issued a notice of proposed rulemaking (NPRM) related to the Security Rule under the Health Insurance Portability and Accountability Act (HIPAA). ...more

BakerHostetler

A New Budgetary Line Item for 2025 - New York-based Hospitals Should Plan Now for the Fiscal and Operational Costs Associated with...

BakerHostetler on

On October 2, the New York State Department of Health (NYSDOH) issued new cybersecurity regulations (Regulations) for all general hospitals in New York state (“hospitals”), creating a new Section 405.46 in Title 10 (Health)...more

Holland & Knight LLP

HIPAA Tidings: A Look at OCR's Recent Enforcement Actions

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In addition to holiday celebrations, the month of December typically ushers in a final round of enforcement actions by the U.S. Department of Health and Human Services' (HHS) Office of Civil Rights (OCR), and 2024 is no...more

Mintz - Privacy & Cybersecurity Viewpoints

Nebraska’s Consumer Privacy Law Takes Effect Soon and Targets Businesses Selling Personal Data

We are moving westward this week from Iowa to Nebraska in our series of articles providing in-depth summaries of state consumer privacy laws taking effect across the nation. Nebraska Governor Jim Pillen (R) signed the...more

Holland & Knight LLP

NY Department of Health Bolsters Hospital Cybersecurity Regulations

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New York hospitals have less than a year to dust off their Health Insurance Portability and Accountability Act (HIPAA) compliance programs and update them to comply with more stringent and detailed state regulations. Last...more

Winstead PC

HIPAA Gets a Potential Counterpart in HISAA

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Americans hear about cybersecurity incidents on a frequent basis. As the adage goes, it is not a matter of “if” a breach or security hack occurs; it is a matter of “when.”...more

Holland & Knight LLP

Safeguarding Health Information: Takeaways from HHS and NIST 2024 HIPAA Security Conference

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President Ronald Reagan famously quipped, "I think you all know that I've always felt that the nine most terrifying words in the English language are: I'm from the Government, and I'm here to help."1 At an Oct. 23-24, 2024,...more

Lathrop GPM

Is AI Putting Your Organization at Risk?

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AI tools often drive efficiency and save money, but they have drawbacks. Here’s what to know....more

BakerHostetler

Looking in the Mirror: HHS OIG Audit Demonstrates HHS Agency’s Own Need for Focus on Cloud Security

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The OIG, the nation’s leader in fighting fraud, waste and abuse of Medicare, Medicaid and other HHS programs, periodically publishes reports on how federal healthcare programs could improve....more

Fenwick & West LLP

Cyber Resilience After the Change Healthcare Breach

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More than two months after the February 2024 Change Healthcare cyber-ransom attack, the healthcare industry continues to grapple with the fallout, creating significant challenges, disruptions, and outages to the healthcare...more

Benesch

Annual Report to Congress on Breaches of Unsecured Protected Health Information

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The U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR) recently published an executive summary (Report) outlining key enforcement activities of the Health Insurance Portability and...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California’s Privacy Laws: Financial and Medical Data, Website Usage, Children’s Data, Data Brokers, and Customer Records

California has a long history of protecting privacy rights. Article I, Section 1, of the California Constitution expressly provides a right of privacy. Recently, the focus has been on compliance with the California Consumer...more

BakerHostetler

HHS OCR Announces Largest Civil Monetary Penalty Imposed Since 2021 for Snooping Incident

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Nearly two months after settlement was reached, the Department of Health and Human Services Office for Civil Rights (HHS OCR) announced on Feb. 6 that it obtained a resolution agreement with Montefiore Medical Center over...more

Fenwick & West LLP

Global Pandemic Response Communications and Information Sharing

Fenwick & West LLP on

What Every Company Needs to Know Now About the Regulatory Guidance and Industry Trends on Privacy and Security for COVID-19 Health Data Collection, Disclosure and Work at Home - Companies worldwide are scrambling to...more

Schwabe, Williamson & Wyatt PC

COVID-19: Practical Considerations Before Disclosing Information

The effects of the COVID-19 outbreak are being felt globally as countries and communities around the world ramp up efforts to contain and limit the spread of the virus. Information gathering and sharing are crucial steps in...more

BCLP

What Companies Need to Know to Comply with the NY SHIELD Act

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On March 21, 2020, companies will need to comply with yet another data privacy and security law when the New York Stop Hacks and Improve Electronic Data Security Act ("NY SHIELD Act") takes effect. The SHIELD Act is unique in...more

WilmerHale

The Evolution of US Privacy and Security Law

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The United States has always had privacy law. For most of our history it mainly regulated the government in connection with its citizens.  About 20 years ago we started modern privacy - presumably why we have Data Privacy...more

WilmerHale

Reading the Fine Print: What Insurance Companies Need to Know About the CCPA

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The purpose of this article is to provide background information on the California Consumer Privacy Act and specifically the exemptions that generally will be applicable to the insurance industry. While developing a...more

BCLP

Do Companies Need a Written Security Information Plan?

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As of January 1, 2020, California became the first state to permit residents whose personal information is exposed in a data breach to seek statutory damages between $100-$750 per incident, even in the absence of any actual...more

White and Williams LLP

New York’s SHIELD Act Cheat Sheet

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Effective October 23, 2019 for changes in data breach notification requirements, and March 21, 2020 for new data security requirements, New York’s “Stop Hacks and Improve Electronic Data Security Act” (SHIELD Act) broadens...more

Foley & Lardner LLP

ISO/IEC 27701 Released as a New Standard for Privacy Compliance

Foley & Lardner LLP on

On August 6, 2019, the International Organization for Standardization (ISO) and the International Electrotechnical Commission (IEC) released ISO/IEC 27701 (ISO 27701), a privacy extension to ISO/IEC 27001 and ISO/IEC 27002...more

Harris Beach Murtha PLLC

Data Exposure is a Communicable Disease

While hospitals remain focused on restoring health to their patients, they must not let their defenses down when it comes to robust cybersecurity practice that safeguards their patients' information....more

Williams Mullen

Patient Privacy Breach...All in a Day’s Work?

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It is a health care provider’s nightmare – despite extensive HIPAA training and best efforts to hire the right people, one of your staff members has gone rogue with a patient’s information. Whether a receptionist loudly...more

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