News & Analysis as of

Health Insurance Portability and Accountability Act (HIPAA) Infectious Diseases

Manatt, Phelps & Phillips, LLP

Executive Summary: Tracking Telehealth Changes State-by-State in Response to COVID-19 - April 2023 #2

As the COVID-19 pandemic continues across the United States, states, payers, and providers are looking for ways to expand access to telehealth services. Telehealth is an essential tool in ensuring patients are able to access...more

Akerman LLP - HR Defense

Your Employee Benefit Plans May Need a Check Up: Nearing the End of the COVID-19 Public Health Emergency

Where did the time go? Just a brief 1,199 days after it began, the COVID-19 Public Health Emergency (PHE) is coming to an end. The PHE formally ends on May 11, 2023, short of any unexpected developments. And that means the...more

Epstein Becker & Green

Full HIPAA Enforcement to Resume as the COVID-19 Public Health Emergency Ends

Epstein Becker & Green on

On April 11, 2023, U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) announced its plan for termination of the existing notifications of enforcement discretion related to the expiration of the...more

Manatt, Phelps & Phillips, LLP

Executive Summary: Tracking Telehealth Changes State-by-State in Response to COVID-19 - April 2023

As the COVID-19 pandemic continues across the United States, states, payers, and providers are looking for ways to expand access to telehealth services. Telehealth is an essential tool in ensuring patients are able to access...more

Burr & Forman

Hot Topics in Health Care March 2023

Burr & Forman on

HHS Releases Cybersecurity Guide - On March 8, 2023 the Department of Health and Human Services released a cybersecurity implementation guide for the health care industry—the HPH Sector Cybersecurity Framework...more

Bricker Graydon LLP

What to expect now that we’re expecting: What the end of the public health emergency means for healthcare providers Part 2:...

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On January 30, 2023, the Biden Administration announced its plan to end the COVID-19 Public Health Emergency (PHE) on May 11, 2023. As discussed here, the PHE declarations have allowed the federal government to waive and...more

Holland & Knight LLP

Holland & Knight Health Dose: November 29, 2022

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Holland & Knight Health Dose is an in-depth weekly dose of legislative and regulatory insights to keep stakeholders abreast of happenings in Washington, D.C., impacting the health sector. This week's topics include . . ....more

Venable LLP

Return to "Normalcy" - Bracing for the End of the Public Health Emergency

Venable LLP on

In January 2020, Alex M. Azar, II, then secretary of the U.S. Department of Health and Human Services (HHS), signed a nationwide declaration of a Public Health Emergency (PHE) that would largely shape the response of public...more

Akerman LLP - Health Law Rx

OCR Releases Guidance on HIPAA Compliance When Providing Audio-Only Telehealth

The U.S. Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) recently released new guidance (the “Guidance”) to help ensure that individuals may continue to benefit from audio-only telehealth...more

Robinson+Cole Health Law Diagnosis

HHS Issues HIPAA Guidance to Support Audio-Only Telehealth Services

The Department of Health and Human Services (HHS) Office for Civil Rights (OCR) recently issued new guidance (Guidance) on the use of remote communication technologies to deliver audio-only telehealth in accordance with...more

Proskauer - Health Care Law Brief

Key Legal Issues Facing Telehealth Platforms, as Compliance Concerns Bubble for Platforms Launched During the Public Health...

The onset of the COVID-19 public health emergency (“PHE”) led to a surge in the use of telehealth by health care providers. In addition, the PHE fueled a boom in the number of direct-to-consumer (“DTC”) telehealth platforms,...more

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - December 2021

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CYBERSECURITY - Joint CISA/FBI Alert on Vulnerability in Zoho ManageEngine ServiceDesk Plus - On December 6, 2021, the Cybersecurity & Infrastructure Security Agency (CISA) and the Federal Bureau of Investigation (FBI)...more

Burr & Forman

Labor & Employment E-Note - November 2021

Burr & Forman on

Resources - Safer Federal Workforce Task Force Updates Guidance for Federal Contractors - On November 10, 2021, the Safer Federal Workforce Task Force updated its Guidance for Federal Contractors (“Guidance”). As...more

Manatt, Phelps & Phillips, LLP

Telehealth and SUD: Lessons From the Pandemic

Editor’s Note: The COVID-19 pandemic drove significant expansion in state and federal telehealth policies, playing a critical role in ensuring access to substance use disorder (SUD) services, even during quarantine. ...more

McAfee & Taft

COVID vaccines: When is an employee’s vaccination status HIPAA-protected?

McAfee & Taft on

Whether an employee’s vaccination status is protected by HIPAA has been (or should be) on the minds of all human resources personnel as of late. This is especially true in the wake of the U.S. Department of Labor’s...more

Seyfarth Shaw LLP

More Vax Facts – The Agencies Weigh In

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Seyfarth Synopsis: We previously discussed how to apply the HIPAA wellness rules to a premium differential based on a participant’s vaccination status in our Legal Update. At the time, we were left to interpret the existing...more

McNees Wallace & Nurick LLC

Vaccine Premium Differentials Are Permissible Under Wellness Plans and No Cost Shares Allowed for Authorized Vaccines and Boosters

A recently published FAQ prepared by the Departments of Labor, Health and Human Services and Treasury answers frequently asked questions regarding vaccine premium differentials and HIPAA nondiscrimination rules, as well as...more

Quarles & Brady LLP

How Does HIPAA Prevent Using and Disclosing COVID-19 Vaccination Information? HHS OCR Issues Guidance

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Does HIPAA prevent businesses from asking whether customers or clients are vaccinated? (No). Does HIPAA prevent an employer from requiring an employee to disclose vaccination status? (No). Does HIPAA prohibit doctors from...more

Jones Day

Telehealth Awareness Week: Insights on Telehealth

Jones Day on

In support of the American Telemedicine Association's Telehealth Awareness Week (September 19-25, 2021), Jones Day's Digital Health team shared key insights on various legal topics applicable to telehealth. Jones Day's...more

Pullman & Comley - Connecticut Health Law

Vox Article on Vulnerabilities of COVID-19 Testing Registration System Serves as Reminder of the Dangers of Tracking Tech on HIPAA...

In 2018, we published an article on Walgreens’ use of session replay scripts and how such use could lead to an accidental data breach under HIPAA. Last week, an article in Vox explained how Walgreens was again apparently...more

Manatt, Phelps & Phillips, LLP

Telehealth: Regulation, Compliance, Audit and Investigation

I. Introduction - Use and acceptance of telehealth technologies have grown very substantially since the start of the COVID-19 pandemic. This growth has been substantially facilitated by waivers and relaxations of existing...more

Holland & Knight LLP

GSA and the VA Update COVID-19 Vaccination Requirements, Timelines and Testing Rules

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Over the past few weeks, landlords leasing space to the General Services Administration (GSA) have begun to receive notices of requirements that all personnel operating in GSA space certify as to whether or not they have been...more

Akerman LLP - HR Defense

Should You Consider Offering Cheaper Health Plan Coverage in 2022 for Vaccinated Employees?

If you still have unvaccinated workers in January, might you provide a financial incentive for employees to be vaccinated, by charging them higher healthcare insurance premiums? ...more

Jackson Walker

Vaccination Incentives as Wellness Programs – Getting Back to Business Incentives

Jackson Walker on

Employers wanting to encourage employees to get vaccinated can phrase vaccination incentives as a wellness incentive program so that it is part of an outcome-based wellness program, which may include other wellness programs...more

Seyfarth Shaw LLP

Anti-Vax Tax Facts: Legal Considerations for Premium Differentials Based on Vaccination Status

Seyfarth Shaw LLP on

Seyfarth Synopsis: As employers continue to struggle with strategies for safely re-opening their workplaces, we have previously discussed the possibility of mandating a vaccine or providing incentives for getting the vaccine....more

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