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Health Insurance Portability and Accountability Act (HIPAA) Technology

Clark Hill PLC

Right To Know - May 2025, Vol. 29 | News & Events

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Welcome to your monthly rundown of all things cyber, privacy, and technology, where we highlight all the happenings you may have missed. State Action: Virginia Governor Signs Bill Restricting Minor’s Use of Social...more

ArentFox Schiff

Proposed Changes to the HIPAA Security Rule: What Regulated Entities Need to Know

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In the final days of the Biden Administration, the US Department of Health and Human Services (HHS) Office for Civil Rights (OCR) issued a notice of proposed rulemaking (NPRM) to modify the Security Rule under the Health...more

Bradley Arant Boult Cummings LLP

HHS’s Proposed Security Rule Updates Will Substantially Increase the Controls Needed to Comply with the Technical Safeguard...

In this week’s installment of our blog series on the U.S. Department of Health and Human Services’ (HHS) HIPAA Security Rule updates in its January 6 Notice of Proposed Rulemaking (NPRM), we are tackling the proposed updates...more

Health Care Compliance Association (HCCA)

AI is here to stay?

Artificial intelligence or AI—yes, we are talking about it again. The explosion of AI in healthcare will only continue to grow. Statistics show that the total market value of AI in healthcare will expand to over $148 billion...more

BakerHostetler

DSIR Deeper Dive: Tracking the Crackdown on Tracking/Pixel Technologies: Web Litigation and Regulatory Landscape - Part 1

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Regulatory action and class action lawsuits related to pixels and other website technologies continued to surge in 2023 and 2024, particularly in the healthcare industry....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

Sheppard Mullin Richter & Hampton LLP

HIPAA Web Tracking Guidance Vacated

Last week, in a significant win for the American Hospital Association plaintiff, the U.S. District Court for the Northern District of Texas issued an opinion vacating the Department of Health and Human Services’ (“HHS”)...more

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

FTC's Updated Health Data Breach Rule Covers Apps, Other New Tech

The FTC has updated its HBNR to clarify that the rule also restricts marketing practices involving personal health information. This update to the HBNR was announced on April 26, 2024, and follows several recent enforcement...more

Woods Rogers

HHS Updates Its Guidance on Online Tracking Technologies – Controversy Remains

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The U.S. Department of Health and Human Services, Office of Civil Rights (OCR) recently updated its controversial, year-old guidance document on the use of online tracking technologies by healthcare providers and other...more

Moore & Van Allen PLLC

New OCR Guidance on Tracking Technologies

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On March 18, 2024, the Office for Civil Rights ("OCR") at the U.S. Department of Health and Human Services ("HHS") published updated guidance on the use of online tracking technologies by HIPAA covered entities and business...more

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

Transforming Care Strategies -- Integration of AI in Healthcare: Summary of Legal/Regulatory Issues

I was pleased to take part in the “Transforming Care – Strategies for Integration of Artificial Intelligence in Healthcare” discussion, hosted by the New England Healthcare Executive Network at Foley Hoag on April 1. The...more

Davis Wright Tremaine LLP

OCR Updates Guidance on HIPAA and Online Tracking, But New Examples Lead to New Questions

Changes to guidance are unlikely to mitigate widespread concerns - On March 18, 2024, the U.S. Department of Health and Human Services Office for Civil Rights (OCR) revised its controversial guidance on how HIPAA applies...more

McDermott Will & Emery

Change Healthcare Security Incident – Practicable Next Steps for Impacted Customers

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The Change Healthcare ransomware attack presents potentially significant ramifications for hospitals, health systems, pharmacies and others that rely on the organization’s tools for healthcare payment, revenue cycle...more

BakerHostetler

Imminent Cybersecurity Threats to Healthcare Revenue Cycle Management

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BakerHostetler is closely monitoring imminent cybersecurity threats to healthcare revenue cycle management personnel and vendors. Most recently, Change Healthcare (CHC), a healthcare technology and business management...more

Troutman Pepper Locke

Illinois Supreme Court Rules That Health Care Worker Finger Scans Are Exempt From BIPA

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On November 30, the Illinois Supreme Court unanimously ruled that the Biometric Information Privacy Act (BIPA) does not apply to health care workers whose fingerprints are collected, stored, and used to access medication and...more

McDermott Will & Emery

Illinois Supreme Court: Finger-Scan Information Collected by Healthcare Providers to Access Medications Is Exempt From BIPA...

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On November 30, 2023, the Illinois Supreme Court unanimously held in Mosby et al. v. The Ingalls Memorial Hospital et al. that when biometrics of healthcare employees are collected in the course of providing medical services,...more

J.S. Held

Inside the Healthcare Industry: Understanding Emerging Data Privacy & Security Risks and Regulations

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According to the Theft Resource Center and its 2022 data breach reports, data privacy and security threats are impacting all aspects of the healthcare industry – from providers to payers to medical device companies to...more

McDermott Will & Emery

Five Key Considerations for Study Pre-Screening and Recruitment Initiatives in the Digital Age

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Key players across the healthcare industry—including sponsors, contract research organizations (CROs), research sites, regulators and patient advocates—are well aware of the challenges associated with the prompt and effective...more

Wiley Rein LLP

FTC and HHS Caution Hospitals and Telehealth Providers on Tracking Tech

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This month, the Federal Trade Commission (FTC) and the U.S. Department of Health and Human Services' (HHS) Office for Civil Rights sent letters warning about privacy and security risks related to online tracking technologies...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

McDermott+

McDermottPlus Check-Up: July 21, 2023

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The House and Senate were both in session this week, with healthcare activity at the committee level. The House Energy and Commerce Committee held a hearing on innovation and a markup of 15 healthcare bills. The Senate...more

Jackson Lewis P.C.

HHS and FTC Send Joint Letter to 130 Hospital Systems, Telehealth Providers Re: Tracking Technologies

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The Department of Health and Human Services and the Federal Trade Commission have sent a joint letter to approximately 130 hospital systems and telehealth providers to emphasize the risks and concerns about the use of...more

Perkins Coie

Washington State’s New My Health My Data Act Will Likely Result in Insurance Coverage Disputes

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Washington state recently passed the My Health My Data Act (the Act), which will almost certainly lead to an explosion of consumer lawsuits and follow-on insurance coverage disputes. The measure is intended to protect...more

J.S. Held

Litigation Surge From the Use of Tracking Technology & the Sharing of Healthcare and Personal Data

J.S. Held on

Introduction: Tracking Software in the Healthcare Industry - Privacy-related concerns have become increasingly prominent in recent years, especially with the widespread use of third-party tracking tools such as tracking...more

Brooks Pierce

HIPAA Requirements for Using Online Tracking Technologies—What Health Care Providers Need to Know

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Health care providers should evaluate their use of “tracking technologies” on their websites and mobile applications (apps) for compliance with HIPAA.  On December 1, 2022, the Office for Civil Rights (OCR) issued a bulletin...more

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