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 -

The Cost For A Copy Of Medical Records? It May Depend Who’s Asking

by Fox Rothschild LLP on

The Report to Congressional Committees of the U.S. Government Accountability Office (“GAO Report”), required under the 21st Century Cures Act, came out about a month earlier than required, but this early bird failed to catch...more

Can Cryptojacking Result in a Databreach?

by Tucker Arensberg, P.C. on

Healthcare organizations should be aware of a new method, referred to as “cryptojackng,” that hackers are using to exploit the systems and networks they infiltrate. Hackers use cryptojackng methods to siphon energy resources...more

Genetic Testing – Unintended Consequences?

by Carlton Fields on

The advent of 23andMe, ancestryDNA, and other direct-to- consumer genetic testing products permit patients, from the comfort of their own homes and personal computers, to identify and assess their unique risk of developing...more

HIPAA: Privacy Required, Even When Information Goes Public

by Ballard Spahr LLP on

A celebrity collapses on stage and is rushed to the hospital. Rumors race through social media faster than the ambulance can navigate city streets. Was it exhaustion? Was it her heart? Was there a gunshot? ...more

A New HIPAA Accounting Rule on the Horizon?

by Holland & Knight LLP on

Under HIPAA, patients have a right to information about certain disclosures, referred to as an accounting. Under the current iteration of the regulations, covered entities and business associates need not account for...more

Health Care Policy Newsletter

by Foley & Lardner LLP on

Foley & Lardner LLP’s (“Foley”) Bipartisan Public Policy Team is pleased to share our second “Public Policy Weekly* Health Care Newsletter” in which we compile the latest health care policy news and legislation. Please...more

Warner Chilcott HIPAA Lesson Revisited – Mass. Physician Convicted of Criminal Violation

Back in late 2015, we blogged about the interesting twist in the $125 million Warner Chilcott settlement that a Massachusetts physician had been criminally charged with violating the Health Insurance Portability and...more

Beware: HIPAA Applies To The Health Plans You Never Knew You Had

by Fox Rothschild LLP on

You may be surprised to learn that those “extra” benefits your company offers to its employees such as your employee assistance program (EAP) and wellness program likely are subject to the HIPAA privacy, security and breach...more

Drugs, Lies, and Videotape: Drug Diversion, Part II

by Davis Brown Law Firm on

This is part two of a two-part series covering drug diversion In Iowa. Last week, we started with an overview of key questions and considerations when there is a drug diversion issue. ...more

Health Apps: Convenience Vs. Security Risks

by Jackson Lewis P.C. on

The pace of innovation in healthcare today has produced an amazing increase in the number of available mobile apps for health-related information. More than 300,000 healthcare apps are available online. These apps are...more

Required Reporting of Privileged Information

by Snell & Wilmer on

Arizona physicians must report to the Medical Board “any information that appears to show that a doctor of medicine is or may be medically incompetent, is or may be guilty of unprofessional conduct or is or may be mentally or...more

What Now for Wellness?

by Foley & Lardner LLP on

If you’re an employer trying to sponsor a wellness program for 2019, then the recent kerfuffle between the AARP and the Equal Employment Opportunity Commission (EEOC) affects you. The AARP has challenged the EEOC’s...more

Paper Records Still Problematic For Healthcare Providers

Data breaches continue to be an issue for healthcare providers when looking at breaches reported to the Office for Civil Rights (OCR), as required by HIPAA. In the first three months of 2018, there were 77 breaches of...more

The GDPR Becomes Effective This Month: Are You Ready?

by Steptoe & Johnson PLLC on

On May 25, 2018, the European Union will begin enforcing the General Data Protection Regulation (GDPR), which enacts strict standards for the handling, retaining, and processing of the personal data of any individual located...more

May Benefits Roundup

by Winstead PC on

The U.S. Department of Labor’s Fiduciary Rule is Finally Dead or Is It? The U.S. Department of Labor (“DoL”) permitted the Fifth Circuit’s decision overruling the fiduciary rule in its entirety on a nationwide basis due to...more

On the Subject - The Continuing Disconnect between the Health Care Industry and OCR on HIPAA’s Risk Analysis Requirement

by McDermott Will & Emery on

Lack of a sufficient risk analysis continues to be one of the most commonly alleged violations in Office for Civil Rights (OCR) HIPAA enforcement actions, appearing in half of all OCR settlements announced in the last 12...more

DOJ Announces Criminal Conviction of Physician for HIPAA Violation

On April 30, 2018 a Massachusetts physician was convicted of a criminal violation of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), as well as one count of obstruction of a criminal health care...more

Wellness Programs: Where are we now?

by Verrill Dana LLP on

Wellness programs are governed by overlapping and, at times, maddeningly inconsistent regulations and agency guidance. Litigation challenging the wellness program rules issued by the EEOC in 2016 has added another layer of...more

Mintz Matrix Updated – Data Breach Laws in All 50 States

With the recent enactment of data breach notification laws in South Dakota and Alabama, all 50 US states now have laws regulating data breach notification. We’ve updated the Mintz Matrix (maintained by the Mintz Privacy Team...more

Last But Not Least: Alabama Enacts a Data Breach Notification Law with Strong Notification and Security Requirements

by BakerHostetler on

Several weeks ago, South Dakota and Alabama became the final two states to enact data breach notification laws. The Alabama Data Breach Notification Act of 2018 takes effect on May 1, 2018, and imposes information security,...more

What Is Compliance?

by Zapproved LLC on

A quick guide to understanding ediscovery rules and regulations In ediscovery, compliance means adhering to the laws and regulations for every jurisdiction where an organization does business. Generally speaking, those...more

Health Plans – A Pain to Administer But Appreciated by Employees

by Snell & Wilmer on

Administering health plans is not the easiest task. Such plans are subject to an alphabet soup of laws, including but not limited to ERISA, the Internal Revenue Code, COBRA, HIPAA, GINA, Mental Health Parity, the ADA, the...more

Healthcare Litigation - April 2018

Mental Health and Minors: Proceed With Caution! - Imagine representing a party in a lawsuit concerning coverage for mental health services. The lawsuit was brought by the parents of a minor child. The client received a...more

K&L Gates Triage: Ride Sharing and Health Care Regulatory Considerations

by K&L Gates LLP on

Transportation is often cited as one of the top barriers to health care for individuals in the United States. To reduce this burden and increase access to care, many health care providers are now partnering with ride-sharing...more

Emerging Benefit Risks

by Winstead PC on

Watch All of the Company’s Mailboxes for a New Round of Tax Assessments - Another wave of Internal Revenue Service (“Service”) assessments of the employer shared responsibility tax (a/k/a pay or play) were recently released....more

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