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 -

New York Settles EmblemHealth Breach for $575,000

The recent $575,000 settlement with EmblemHealth signals a push from AG Schneiderman “for stronger security laws and hold[ing] businesses accountable for protecting their customers’ personal data.” Noting New York’s “weak and...more

Cost-Benefit Analysis 101 For Healthcare Providers

by Jackson Lewis P.C. on

Nary a week goes by without news of a data breach by a healthcare provider…while there are certainly a good number of breaches resulting from a breach of cybersecurity defenses or from the wrongful exploitation of system...more

GDPR's Most Frequently Asked Questions: If I Already Drafted a Privacy Policy to Comply with US Law Do I need to Change it for the...

by Bryan Cave on

The European Union’s General Data Protection Regulation (“GDPR”) is arguably the most comprehensive – and complex – data privacy regulation in the world. As companies prepare for the GDPR to go into force on May 25, 2018,...more

Minimizing Liability For Business Associate Misconduct

by Holland & Hart LLP on

Healthcare providers, health plans and healthcare clearinghouses (“covered entities”) and business associates are subject to significant penalties for violations of the HIPAA Privacy, Security and Breach Notification Rules....more

Best practices for managing cybersecurity risks related to IoT-connected medical devices

by Hogan Lovells on

Connected medical devices deliver numerous benefits not available before, including improved monitoring of patient welfare and a wealth of vital data. But for all the advantages available through these devices, their...more

Recent Reports Confirm Continuing Vulnerability of Healthcare Industry to Cyber Issues

There seems to be a new scientific study published every day—like this one that alleges that eating cheese every day might actually be healthy. Understandably, many of these studies fly under the radar — but two recently...more

A Primer on the SHIELD Act: New York’s Move to Adopt More Stringent Data Security Requirements

In November 2017, New York Attorney General Eric Schneiderman introduced the Stop Hacks and Improve Electronic Data Security (SHIELD) Act (the “Act”) in the state’s Legislature. Companies – big and small – that collect...more

Health And Human Services’ OCR Chief: No Slowdown In HIPAA Enforcement

by Fox Rothschild LLP on

Roger Sevrino, director of the Department of Health and Human Services’ Office of Civil Rights, told HIMSS18 conference attendees this week that he plans no slowdown in HIPAA enforcement. “I come from the Department of...more

Guest Post – Indiana District Court Dismisses Plaintiff’s Lawsuit Against Pharmaceutical Manufacturer For Disclosure of Private...

by Reed Smith on

We have another guest post today, from Reed Smith‘s own Erica Yen. This one is about a recent, interesting decision concerning the interaction between the Health Insurance Portability and Accountability Act (“HIPAA”) and the...more

Involuntary Commitment Laws And Privacy Restrictions

by Fox Rothschild LLP on

In a recent New York Times op-ed piece entitled “How a Bad Law and a Big Mistake Drove My Mentally Ill Son Away,” the father of a young man involuntarily hospitalized under Florida’s Baker Act decries “privacy laws” for...more

Consent for Treatment of Minors in Idaho

by Holland & Hart LLP on

In Idaho, persons under the age of 18 ("minors") may consent to their own healthcare in only limited circumstances. Treatment of a minor without proper consent may expose the practitioner to tort liability for lack of...more

Summary Plan Descriptions Required for All ERISA Retirement, Health and Welfare Plans

by Holland & Knight LLP on

• Administrators of all employee benefit plans subject to the Employee Retirement Income Security Act of 1974 (ERISA) should ensure their plans' compliance with ERISA's Summary Plan Description (SPD) requirement. •...more

Doctor pleads guilty to providing protected health information to drug maker

by Bricker & Eckler LLP on

A pediatric cardiologist from Georgia has pled guilty to wrongfully disclosing the protected health information of hundreds of his patients to an Aegerion Pharmaceuticals Inc. sales representative and executive looking to...more

Privacy Please: HIPAA and Artificial Intelligence – Part I

What if Artificial Intelligence (AI) is deployed within a health system to apply machine learning to patient information, in part, to allow patients to download information and wellness numbers (such as steps, blood pressure,...more

New Mexico Enacts Data Breach Notification Statute

New Mexico has become the 48th state to adopt a data breach notification statute. The Data Breach Notification Act, known as H.B. 15, went into effect on June 16, 2017....more

K&L Gates Triage: Opioid Epidemic: Recent HIPAA Guidance – What Does It Mean?

by K&L Gates LLP on

In the second episode of our series on the national opioid crisis, Gina Bertolini discusses the overlay of recent guidance concerning privacy laws such as the Health Insurance Portability and Accountability Act (HIPAA) and...more

K&L Gates Triage: Triage in 2018: Health Care Topics to Watch in the New Year

by K&L Gates LLP on

We expect 2018 to be another year of rapid change within the health care industry. In this episode, Mary Beth Johnston highlights some of the key topics that the health care practice group will monitor in the coming year,...more

Healthcare Law Update: February 2018

by Holland & Knight LLP on

Antitrust - FTC Announces Revised Hart-Scott-Rodino Thresholds for Acquisitions and Exclusive Licenses - The Federal Trade Commission (FTC) has announced this year's revisions to the thresholds under the...more

Perks And Tips For The Recent Medical Graduate: Telemedicine And HIPAA

by Fox Rothschild LLP on

Many believe that educated millennials are choosing to work in urban, rather than rural areas, during their early career due to societal milestones being steadily pushed back and the professional opportunities and preferences...more

HIPAA reports of 2017 small-scale breaches due March 1, 2018

by Thompson Coburn LLP on

Covered entities that discovered small-scale HIPAA breaches during calendar year 2017 must file notice of such breaches with the Office of Civil Rights (OCR) by March 1, 2018. Under HIPAA rules, covered entities do not...more

Liability for HIPAA Violations Continues after a Business Ceases Operations

by Arnall Golden Gregory LLP on

On February 13, 2018, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced its settlement with Filefax, Inc. to resolve alleged violations of the HIPAA Privacy Rule. Filefax was a...more

Liquidator of a Shuttered Business Associate Agrees to $100k Payment for Alleged HIPAA Violations

On February 13, 2018, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced that a receiver appointed to liquidate the assets of Filefax, Inc. agreed to pay $100,000 to settle...more

Data Privacy + Cybersecurity Insider - February 2018 #4

by Robinson & Cole LLP on

U.S. Estimates that Cyber Hacks Cost Up to $109 Billion in 20 - The Council for Economic Advisors (CEA) issued a report this month, entitled “The Cost of Malicious Cyber Activity to the U.S. Economy,” which concludes that...more

HIPAA Enforcement Survives Closure of Business

The U.S. Department of Health and Human Services Office for Civil Rights (OCR) recently announced a $100,000 settlement with a company that is no longer in business. Filefax, Inc. (Filefax) was an Illinois company that...more

Who Let The Dogs Out? Ensuring Your Therapy Dog Handlers Keep HIPAA Protected Information On A Tight Leash

by SmithAmundsen LLC on

The prevalence of volunteer therapy dog teams in medical settings has continued to rise in recent years, and so have the risks to the entities these teams visit. Particularly, with every therapy dog comes a handler, someone...more

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