Healthcare Document Retention
Taking the Pulse, A Health Care and Life Sciences Video Podcast | Episode 192: Business Issues for Healthcare with Ira Bedenbaugh and Randi Branham of Elliott Davis
Business Better Podcast Episode: Cyber Adviser – Your Data, My Headache: Consumer Health Data Laws
Conducting Healthcare Compliance Investigations
The FTC's Health Privacy Enforcement Actions
Web-based Tracking Technology and AI: HIPAA Compliance Issues for Health Care Practices
Podcast: Discussing the Implications of Healthcare Privacy Violations
Podcast: Keeping an Eye on HIPAA Trends with Shannon Hartsfield
Podcast - Artificial Intelligence in Healthcare and How to Comply with HIPAA & State Privacy Laws
Meeting Cancer Reporting Requirements
Medical Device Legal News with Sam Bernstein: Episode 10
Business Associates Here, There, and Everywhere: When Does Your Service Provider Really Need to Sign a HIPAA Business Associate Agreement?
Patient Data and Privacy
Changing Telehealth Rules
De-Identification Under HIPAA and GDPR
Data Security Standards Audits
Compliance Programs and Doubt Mining
Employment Law Now VI-121 - Top 5 Fall Things You Need To Know
An Inside Look as a Juror - FCRA Focus Podcast
Expanded Information Block Rules Go into Effect
On August 29, 2024, the US Department of Health and Human Services (HHS) Office for Civil Rights (OCR) withdrew its appeal of the US District Court for the Northern District of Texas’s June 20, 2024, decision in American...more
On August 19, 2024, the US Department of Health and Human Services Office for Civil Rights (OCR) filed a notice of appeal of the US District Court for the Northern District of Texas’s June 20, 2024, decision in American...more
It is commonplace for attorneys and compliance officers (particularly those who are also attorneys) to receive communications from clients that have more than one purpose. Take, for example, a doctor who calls a friend and...more
Please join Consumer Financial Services Partner Dave Gettings and his guests and colleagues Jessica Lohr and Virginia Flynn who discuss their recent service as jurors on criminal cases, while also providing valuable insight...more
Last week, we looked at some of the concerns businesses face when they consider whether to let an employee work the duration of their notice period or if it’s better to cut ties quickly. Read about the issues that notice...more
The United States Court of Appeals for the Fifth Circuit (the “Court”) vacated a $4,348,000 civil monetary penalty (“CMP”) imposed by the U.S. Department of Health and Human Services’ Office for Civil Rights (“HHS-OCR”) in...more
The U.S. Department of Health and Human Services (HHS) enforces the privacy and security provisions of the Health Insurance Portability and Accountability Act (HIPAA) and the Health Information Technology for Economic and...more
On August 6, 2020, the U.S. Court of Appeals for the First Circuit affirmed the conviction of Massachusetts gynecologist Rita Luthra for criminal HIPAA violations and obstructing a health care investigation. Although such...more
Report on Patient Privacy 20, no. 6 (June 2020): A divided Indiana Court of Appeals has reinstated a patient’s claim that a hospital is vicariously liable for the actions of a medical assistant who accessed the patient’s...more
In this month's edition of our Privacy & Cybersecurity Update, we reflect on the GDPR's one-year anniversary while also examining the EU's new Cybersecurity Act. We also take a look at HHS' new guidance on direct liability of...more
On April 8, 2019, The University of Texas MD Anderson Cancer Center (MDA) filed a petition with the U.S. Court of Appeals for the Fifth Circuit seeking review of a decision by the Department of Health & Human Services’s (HHS)...more
What privacy rights is a Plaintiff afforded for the medical information related to a workers’ compensation claim? Mastanduno v. Nat’l Freight Industries - The opinion arose from an interlocutory appeal by the plaintiff...more
HIPAA and several other privacy laws do not include a private right of action. This is cold comfort for healthcare providers, health plans and other members of the healthcare industry if a patient is able to demonstrate that...more
The Departmental Appeals Board of the Department of Health and Human Services (“Board”) has granted summary judgment against the University of Texas MD Anderson Cancer Center (“Center”) and upheld the imposition of $4.3...more
In a landmark decision, the United States Court of Appeals for the Eleventh Circuit vacated a Federal Trade Commission (“FTC”) cease and desist order which directed LabMD, a relatively small and now-defunct cancer testing...more
The U.S. Court of Appeals for the D.C. Circuit, on March 16, 2018, struck a blow to healthcare industry efforts to exclude certain communications subject to the Health Insurance Portability and Accountability Act (HIPAA) from...more
Last week, the US Court of Appeals for the DC Circuit issued a long-awaited decision on an omnibus challenge to the FCC’s interpretation of the TCPA. While the decision provides some relief for businesses, it does not...more
On March 16, 2018, the D.C. Circuit Court of Appeals issued its long-awaited Telephone Consumer Protection Act (TCPA) opinion in ACA International v. Federal Communications Commission, a consolidated appeal of the FCC’s July...more
• The D.C. Circuit reviewed a 2015 FCC order that interpreted the TCPA’s prohibition against using automated dialing devices to make unsolicited calls to cellular telephones. The court set aside two portions of the 2015 Order...more
The Kentucky Court of Appeals recently held that a hospital acted lawfully in terminating the employment of a nurse for violating the Health Insurance Portability and Accountability Act of 1996 (HIPAA). The nurse had been...more
The U.S. Court of Appeals for the Third Circuit has vacated a district court's dismissal of a data breach class action filed against Horizon Healthcare Services Inc., in the wake of the 2013 theft of two computer laptops...more
Supreme Court Advance Release Opinions: SC19253 - RBC Nice Bearings, Inc. v. SKF USA, Inc. [An important decision on contract waiver but one all attorneys should recall from the UCC or Contracts course we took...more
The Federal Communications Commission’s (FCC) July 10, 2015 Declaratory Ruling and Order on the Telephone Consumer Protection Act (TCPA) was received by many in the business community with great concern. The Order’s seemingly...more
The U.S. Court of Appeals for the Third Circuit announced that the Federal Trade Commission (FTC) has the authority to scrutinize a business’s data security protocol -- and to file a complaint if the FTC finds that protocol...more
Recently, the Indiana Court of Appeals let stand a $1.4 million jury verdict against a national pharmacy chain for its employee pharmacist’s unauthorized disclosure of a customer’s confidential medical records. Given the...more