News & Analysis as of

Health Insurance Portability and Accountability Act (HIPAA) Enforcement Authority

BakerHostetler

The Future for Healthcare Is So Loper Bright, I Gotta Wear Shades

BakerHostetler on

On June 28, in Loper Bright Enterprises v. Raimondo (Loper Bright), the U.S. Supreme Court overturned the doctrine of Chevron deference, upending 40 years of precedent and significantly shifting power to the courts to...more

Goodwin

Federal Judge Vacates Health and Human Services Pixel Tracking Guidance

Goodwin on

On June 20, 2024, a Texas federal judge ruled that guidance published by the Department of Health and Human Services (the Department) prohibiting covered entities from disclosing information collected by third-party...more

WilmerHale

Connecticut Attorney General Releases Report on Connecticut Data Privacy Act Enforcement

WilmerHale on

On February 1, Connecticut Attorney General (AG) William Tong released a report detailing the AG’s initial efforts to enforce the Connecticut Data Privacy Act (CTDPA or “the Act”) and providing recommendations on how the Act...more

WilmerHale

Year in Review: The Top 10 US Data Privacy Developments From 2023

WilmerHale on

2023 marked a pivotal moment in US data privacy and cybersecurity, characterized by substantial regulatory and legislative advances at the international, federal, and state levels. The Federal Trade Commission (FTC) took a...more

WilmerHale

FTC Emerges as Leader in Health Privacy Enforcement

WilmerHale on

Over the past year, the Federal Trade Commission (FTC) has emerged as a leading actor in the health privacy enforcement space, spearheading enforcement actions, policy statements, and regulatory changes all aimed at...more

WilmerHale

FTC Continues Enforcement Focus on the Use and Disclosure of Health Information for Advertising

WilmerHale on

On Thursday, March 2, the FTC announced an enforcement action against BetterHelp, Inc., an online mental health counseling service, relating to claims that the company’s collection and use of consumer health data were unfair...more

Benesch

Warning from FTC Regarding Scope of Health Breach Notification Rule

Benesch on

As the collection and use of health data drastically expands, the agency issued a recent guidance to officially put health apps and connected medical devices “on notice.” On September 15, the Federal Trade Commission...more

Jackson Walker

HIPAA Enforcement Authorities Allow Skype, Facetime for Provider-Patient Telehealth Services

Jackson Walker on

On March 17, the Office for Civil Rights (OCR) of the U.S. Department of Health and Human Services (HHS), the enforcement agency for the Health Insurance Portability and Accountability Act of 1996 (HIPAA), published a Notice...more

Akerman LLP - Health Law Rx

Caution: Curb Your Enthusiasm for the Reduced HIPAA Annual Limits

Until recently, the annual limit for civil monetary penalties (CMP) that could be levied against covered entities and business associates in violation of the Health Insurance Portability and Accountability Act of 1996, as...more

Polsinelli

HHS’s Enforcement Discretion Notice May Signal More Potential Violations

Polsinelli on

The HHS Office for Civil Rights (“OCR”) issued a notice in the Federal Register regarding its Enforcement Discretion (84 Fed. Reg. 18151) on April 30, 2019. HHS announced that HHS will now apply a different cumulative annual...more

Jones Day

California to Regulate Security of IoT Devices

Jones Day on

The Situation: California is the first state to specifically regulate the security of connective devices, which are commonly referred to as internet of things ("IoT") devices. The Result: The new law mandates that...more

Winstead PC

Another Party Enters ACA Enforcement and HIPAA Privacy and Security Enforcement Expands

Winstead PC on

OSHA Joins the ACA Enforcement Regime - Effective on and after October 13, 2016, employers need to watch their mail from the Occupational Safety and Health Administration (“OSHA”) for notices related to ACA retaliation...more

BCLP

Healthcare Data Breach Enforcements and Fines At A Glance

BCLP on

The Department of Health and Human Services’ (“HHS”) Office for Civil Rights (“OCR”) is responsible for enforcing the Privacy and Security Rules of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”)....more

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