News & Analysis as of

Health Insurance Portability and Accountability Act

The Health Insurance Portability and Accountability Act is a United States federal statute enacted in 1996 to provide greater protection for individual's medical information and prescribe standards for the... more +
The Health Insurance Portability and Accountability Act is a United States federal statute enacted in 1996 to provide greater protection for individual's medical information and prescribe standards for the manner in which healthcare professionals gather, use, and maintain health information.  less -

Lessons To Be Learned From The Breach Of Nearly 500,000 Individual Health Records Reported In September 2017

by Jackson Lewis P.C. on

A recent report indicates that nearly 500,000 individual health records were breached in September 2017. This figure is taken from the 39 healthcare data breaches involving more than 500 records that were reported to the...more

FDA Finalizes Policy for Sharing Patient-Specific Data from Medical Devices

by Reed Smith on

FDA recently released guidance (“Manufacturers Sharing Patient-Specific Information from Medical Devices with Patients Upon Request”) finalizing its policy on medical device manufacturers sharing patient-specific information...more

Florida Supreme Court Strikes Defendants' Ex Parte Interviews with Treating Physicians

by Holland & Knight LLP on

• The Florida Supreme Court has dealt a significant blow to Florida's medical malpractice pre-suit process, ruling that statutes authorizing the conduct of informal, ex parte interviews with a medical malpractice claimant's...more

FCC Closes Loopholes and Expands Telephone Consumer Protection Act “TCPA” Consumer Protections in Declaratory Ruling and Order

by Womble Bond Dickinson on

On July 10, 2015, the Federal Communications Commission (“FCC” or “Commission”) released a Telephone Consumer Protection Act (“TCPA”) Declaratory Ruling and Order (“TCPA Declaratory Ruling and Order” or “Order”) offering...more

OCR Clarifies Privacy Rule for Sharing PHI on Opioid Overdoses

In the wake of the national opioid overdose crisis, the Office for Civil Rights (OCR) has provided clarification on when covered entities are permitted to disclose patient information during opioid emergencies....more

Maryland Data Breach Notification Law Updated: Effective 1/1/18

The Maryland Personal Information Protection Act has been updated and the new provisions are effective January 1, 2018. The new law expands the definition of personal information that is protected under the statute....more

Latest OCR Cybersecurity Newsletter Tackles Mobile Devices

The U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) released its October Cybersecurity Newsletter last week with a focus on mobile devices. Given the amount of work conducted on mobile devices...more

Healthcare Employers, Beware: HIPAA Whistleblowers Could Be (Legally) Leaking Protected Health Information

by Fisher Phillips on

In this day and age, healthcare employers are quite familiar with the Health Insurance Portability and Accountability Act (HIPAA), which protects the disclosure of patients’ confidential health information. After all, in the...more

HIPAA Check: Do You Know What to Do if a Breach Happens to You?

by Williams Mullen on

Breaches happen. They happen to major health systems, and they happen to solo practitioners. They happen to health plans, and they happen to health information technology vendors. In our technology-reliant world, it would be...more

Clinical trials Part II: Privacy, cybersecurity risks, and managing ePHI

by Thompson Coburn LLP on

The ongoing digitization of the drug and medical device industries continues, and, as a result, new considerations have come to the forefront for companies engaged in clinical trials. In Part 1 of this series, we described a...more

Want to Learn More About Fighting Negative CPARS Ratings, Privacy in Government Contracting, the Mandatory Disclosure Rule or Just...

The fall brings many nice things: cooler weather, beautiful leaves, and of course, the Government’s fiscal year end. To those wondering where in the world Kilpatrick’s government contracts attorneys have been (because they...more

Balancing Convenience and Risk: OCR Issues Statement on Use of Mobile Devices

by McGuireWoods LLP on

The U.S. Department of Health and Human Services’ Office for Civil Rights (“OCR”) recently issued guidance emphasizing the increased risks of using mobile devices in the workplace when the mobile devices contain or have...more

CMS Addresses Lingering Uncertainties and Raises Others via MACRA Information Blocking Guidance

The Centers for Medicare & Medicaid Services (CMS) recently issued guidance intended to help clinicians eligible for the Merit-based Incentive Payment System (MIPS) navigate an attestation required thereunder concerning the...more

Issue 114: Relief from HIPAA Certification Requirement

by Seyfarth Shaw LLP on

This is the one hundred and fourteenth issue in our series of alerts for employers on selected topics on health care reform. This series of Health Care Reform Management Alerts is designed to provide an in-depth analysis of...more

Data Privacy + Cybersecurity Insider - November 2017

by Robinson & Cole LLP on

US-CERT Warns of New Ransomware: Bad Rabbit - The U.S. Computer Emergency Readiness Team (US-CERT) is warning companies in the U.S. about a new ransomware dubbed “Bad Rabbit.” US-CERT stated it has received multiple...more

21st Century Cures Act Qualified Small Employer Health Reimbursement Arrangements (“QSEHRAs”) May Not Be the Total Cure

by Winstead PC on

QSEHRAs are designed for employers that are not applicable large employers under the employer shared responsibility tax (Code section 4980H). QSEHRAs may only be offered by employers with fewer than 50 full-time employees (as...more

National Association of Insurance Commissioners Issues Insurance Data Security Model Law

• NAIC recently adopted an Insurance Data Security Model Law that follows the risk assessment-based approach of the New York DFS Cybersecurity Regulation. This signals the growing influence of the New York Regulation,...more

Oregon Court Upholds Public University’s Refusal to Release Patient Tort Claimant Names

On October 19, 2017, the Oregon Supreme Court denied a public records request by The Oregonian Publishing Company, LLC (The Oregonian), a newspaper, to Oregon Health and Sciences University (OHSU), a public health and...more

Corridors October 2017 - News for North Carolina Hospitals

by Poyner Spruill LLP on

IRS Revokes Hospital's Exemption Under Section 501(c)(3) for Failure to Comply with Community Health Needs Assessment Requirements - On August 4, 2017, the Internal Revenue Service (IRS) released its first revocation of a...more

HHS Office for Civil Rights Issues Guidance on How HIPAA Allows Information Sharing to Address the Opioid Crisis

Following President Trump’s declaration of a nationwide public health emergency regarding the opioid crisis, the HHS Office for Civil Rights has released new guidance on when and how health care providers can share a...more

OCR Notified of Patient Records Stored in Psychiatrist’s Basement

Paper records continue to be problematic. An Illinois psychiatrist reported to the Office for Civil Rights (OCR) that the medical records of 10,500 patients were stored in the basement of a house that he rented to an...more

Health Care E-Note - October 2017

by Burr & Forman on

Health care providers are constantly receiving requests for copies of patient medical records. Some requests come by way of the patient exercising his/her right to access his/her medical records, some come by way of patient...more

ALERT: Prepare to be Ransomed: A Primer on Legal Obligations Before and After Ransomware Strikes

by Pullman & Comley, LLC on

According to a recent U.S. Government Interagency report, ransomware is the fastest growing malware threat, targeting users of all types. An incredible 51 percent of respondents in a January 2017 study by the Ponemon...more

How Employers Can Become Experts at Data Breaches: Breaches involving employee health information

by Bryan Cave on

A large portion of the data breaches that occur each year involve human resource related information. Bryan Cave has put together a multi-part series to help human resource managers understand, prepare for, and react to, a...more

Data Privacy + Cybersecurity Insider - October 2017 #4

by Robinson & Cole LLP on

Energy and Critical Infrastructure Industries Warned of Increased Attacks by FBI and DHS - The FBI and Department of Homeland Security issued a joint statement on October 20, 2017 warning of an increased danger of a...more

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Cybersecurity

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