News & Analysis as of

Healthcare Protected Health Information EHR

Robinson & Cole LLP

Medical Informatics Engineering discloses data breach

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Electronic health record (EHR) vendor Medical Informatics Engineering and its subsidiary, NoMoreClipBoard, which is a personal health record (PHR) product, notified its EHR clients and PHR individuals that it has been the...more

Professional Liability Underwriting Society (...

Technology in Healthcare

From the 2015 PLUS Medical PL Symposium session “Technology in Healthcare: EHRs & PHI,” moderator Patricia Marzella-Graubert (Swiss Re American Holdings Corporation) and panelist Alexander Grijalva (New York Presbyterian...more

Robinson & Cole LLP

HHS/Office of the National Coordinator issues report that health information sharing is being blocked to gain a competitive edge

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In a scathing report released last Friday, the Department of Health and Human Services Office of the National Coordinator (ONC) accused hospitals and software vendors of preventing the sharing of health information in order...more

Obermayer Rebmann Maxwell & Hippel LLP

HIPAA in the Time of Ebola

Ebola has recently been the source of much concern, and health care providers and hospitals are taking steps to prepare themselves for the possibility of treating patients with Ebola. In addition to all of the medical...more

Davis Wright Tremaine LLP

Ebola or Not, Patient Privacy Must Be Protected: Office for Civil Rights Issues Bulletin on HIPAA Requirements in Emergency...

In the wake of the recent Ebola cases, the U.S. Department of Health and Human Services’ (HHS) Office for Civil Rights (OCR) has issued a new bulletin reminding HIPAA-covered entities and their business associates that the...more

Cooley LLP

Blog: Connecticut Court Holds HIPAA Does Not Preempt Common Law Claim for Breach of Confidentiality

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The Connecticut Supreme Court held that the federal Health Insurance Portability and Accountability Act (HIPAA) does not bar individuals from bringing negligence and emotional distress claims under state common law for breach...more

Stinson LLP

Rules for CME, Revises List of Data Elements to be Reported

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Last Friday, the Centers for Medicare & Medicaid Services (CMS) published a final rule with comment period addressing, among other issues, changes to the reporting and data collection requirements imposed upon “applicable...more

BakerHostetler

Ebola Information Quarantine: Balancing Patient Privacy With Public Health

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Of all the complex legal issues raised by the recent cases of Ebola in the U.S., those concerning the delicate balance between preserving patients’ privacy rights and the need to disseminate information to protect public...more

Davis Wright Tremaine LLP

CMS Reopens the Medicare Payment Adjustment Hardship Exception Application Submission Period for Certain Providers and Hospitals

Centers for Medicare & Medicaid Services (CMS) recently announced the reopening of the submission period for hardship exception applications for eligible professionals and eligible hospitals that have been unable to fully...more

Cooley LLP

Blog: Federal Advisory Group Considers Patient Data Standards

Cooley LLP on

This week, the Privacy and Security Workgroup within the Health IT Policy Committee was tasked by the U.S. Department of Health and Human Services (“HHS”) to discuss certain patient data protections. Specifically, they were...more

BakerHostetler

Company Claims “HIPAA Has No Teeth”, Will Start Notifying Affected Individuals of Security Breaches and Vulnerabilities that Have...

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A company named SLC Security, LLC (“SLC”), recently announced that it will begin notifying individuals if it believes it has identified a security breach or vulnerability of a company and it has not received a satisfactory...more

King & Spalding

CMS Reopens Application Period for Meaningful Use Hardship Exception

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CMS Reopens Application Period for Meaningful Use Hardship Exception - the period during which certain eligible providers may request a hardship exception from qualifying as a Meaningful User under the Medicare EHR Incentive...more

Holland & Knight LLP

Recent 11th Circuit Cases Provide Important HIPAA Guidance - Healthcare Providers Should Be Proactive by Reviewing Their HIPAA...

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On Oct. 10, 2014, the 11th Circuit opinion in Murphy v. Dulay provides significant guidance regarding HIPAA authorization forms. One of the most important provisions of the opinion focuses on the fact that HIPAA...more

Obermayer Rebmann Maxwell & Hippel LLP

HITECH Act Assures Meaningful Use & Care Coordination…For Some

The passage of the ARRA HITECH Act in 2009 fostered significant advancements in patient engagement and care coordination by incentivizing primarily physical health providers and acute care hospitals to make smarter use of...more

Davis Wright Tremaine LLP

Good News: California Extends Its Medical Data Breach Notification Requirement From 5 to 15 Days

On Sept. 18, 2014, California’s governor approved Assembly Bill 1755, extending California’s stringent breach notification deadline for medical information breaches from five business days to 15 business days for clinics,...more

Davis Wright Tremaine LLP

Starting Oct. 6, Patients Can Access Test Reports Directly From Clinical Laboratories

On Oct. 6, 2014, a final rule issued jointly by the Centers for Medicare & Medicaid Services (CMS), Centers for Disease Control and Prevention (CDC), and Office for Civil Rights (OCR) will require all HIPAA-covered labs...more

Poyner Spruill LLP

Medical Software Licensing - Tips from the Trenches

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Medical offices are adopting complex software products such as electronic health record (EHR) systems and practice management systems in increasing numbers. While the ultimate hope is to improve patient care and practice...more

Manatt, Phelps & Phillips, LLP

Health Update - September 2014

Engaging Patients While Addressing Their Privacy Concerns: The Experience of Project HealthDesign - Patients are using the Internet, personal health records (PHRs) and mobile applications or “apps” to collect and...more

Dickinson Wright

Healthcare Legal News: Volume 4, Number 3 - Special Issue: HIPAA Update

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Recent Trends in HIPAA Liability - Since the passage of the 2013 HIPAA Omnibus Rule, there has been a substantial increase in HIPAA enforcement actions brought by the Department of Health and Human Services, including...more

Baker Donelson

A New Sheriff in Town: Federal Trade Commission Enforcement of Medical Information Security

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A recent court decision found that the Federal Trade Commission (FTC) has authority to enforce the requirements for security of Protected Health Information, or PHI, as defined under the Health Information Portability and...more

Obermayer Rebmann Maxwell & Hippel LLP

News from the Health Law Gurus™

News from the Health Law Gurus™ is a weekly summary of notable health law news from around the country with helpful links to related content. Check back every week for the latest health law news stories....more

Baker Donelson

Community Health Systems' HIPAA Breach: Significant Lessons for Health Care and Non-Health Care Companies

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On August 18, 2014, Community Health Systems, Inc. (CHS) publicly confirmed, in a filing with the Securities and Exchange Commission (CHS filing), that its computer network was attacked between April and June 2014 by hackers...more

Parker Poe Adams & Bernstein LLP

EEOC Sues Employer for Requiring Medical Details as Part of Sick Leave Approval

Employers that provide paid sick leave benefits often require doctors’ notes confirming the employee’s need to be out of work. Last month, the Equal Employment Opportunity Commission filed suit against a Pennsylvania employer...more

JD Supra Perspectives

10 Popular Reads Covering Latest European Union Developments

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Recap of popular updates covering latest developments in the European Union....more

Mintz - Privacy & Cybersecurity Viewpoints

D’oh! OCR Confirms that Medical Records Should Not be Left in the Driveway

The most recent Office for Civil Rights (“OCR”) HIPAA enforcement action serves as an important reminder to health care providers of the security risks associated with a mishandled medical records custody transfer and the...more

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