News & Analysis as of

Health Insurance Portability and Accountability Act (HIPAA) Mental Health

Hendershot Cowart P.C.

Stricter Than HIPAA: Is Your Substance Abuse Or Mental Health Program In Compliance With 42 CFR Part 2? - UPDATED May 2024

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To protect patients seeking addiction treatment, the federal government passed strict regulations limiting the disclosure of substance abuse patient records. Substance abuse treatment programs must not only comply with the...more

Procopio, Cory, Hargreaves & Savitch LLP

Time for California Healthcare Providers to Review Policies Regarding Mental Health Treatment of Minors

Now is the time for California healthcare providers working with minors to consider updating any policies or training on minor consent for mental health treatment or counseling on an outpatient basis and residential shelter...more

Woods Rogers

“Briefings on HIPAA: Cybersecurity in Healthcare,” HCPro

Woods Rogers on

Principal Liz Heddleston was recently interviewed by HCPro for a story published on April 8, 2024, discussing the rising threat of ransomware attacks for healthcare providers. The story highlights lessons learned from a...more

Davis Wright Tremaine LLP

Washington’s My Health My Data Act and its Nevada Twin are Now in Effect – Are You Ready?

Washington's My Health My Data Act (Act), which imposes substantial new obligations on the collection and use of broadly defined "consumer health data" (CHD), went into effect March 31, 2024. Everyone that conducts business...more

Miles & Stockbridge P.C.

Highlights from the Inaugural Hot Topics in Health Care Law

The Miles & Stockbridge Health Care Practice Group hosted its inaugural Hot Topics in Health Care Law seminar last month for clients from Maryland and beyond. Miles & Stockbridge health care lawyers kicked off the seminar...more

Quarles & Brady LLP

Substance Abuse Disorder Records (42 CFR Part 2) Final Rule Is Here!

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The U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) and Substance Abuse and Mental Health Services Administration (SAMHSA) released its anticipated Final Rule last week. The Final Rule revises...more

Holland & Knight LLP

Substance Use Disorder Confidentiality Regulations Modified to Align with HIPAA

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After more than a year since the U.S. Department of Health and Human Services' (HHS) Office for Civil Rights (OCR) and Substance Abuse and Mental Health Services Administration (SAMHSA) issued the proposed changes to the...more

Baker Donelson

Bridging the Gap: Key Changes in the Part 2 Final Rule

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The U.S. Department of Health & Human Services (HHS) through the Substance Abuse and Mental Health Services Administration (SAMHSA) and the Office for Civil Rights recently issued a Final Rule amending the Confidentiality of...more

Bass, Berry & Sims PLC

Closing the Privacy Gap: Understanding the Nuances and Heightened Risk of Washington’s My Health My Data Act

Washington’s My Health My Data Act (MHMDA) was enacted in an effort to close a perceived gap in privacy protection for consumer health data. MHMDA’s focus on consumer health data and right of private action deviate from...more

Alston & Bird

Year-End Health Benefits Roundup 2023

Alston & Bird on

It was a lively year for health benefits. Our Employee Benefits & Executive Compensation Group unpacks 2023, from the end of the COVID-19 emergencies to the much-anticipated Mental Health Parity and Addiction Equity Act...more

Health Care Compliance Association (HCCA)

[Event] 28th Annual Compliance Institute - April 14th - 17th, Nashville, TN

Get ready to be inspired with game-changing insights and industry connections! For over two and a half decades, healthcare compliance professionals have gathered at HCCA’s Compliance Institute (CI) to share ideas, learn...more

Holland & Knight LLP

Holland & Knight Health Dose: October 24, 2023

Holland & Knight LLP on

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. ...more

Quarles & Brady LLP

Diving into the Washington My Health My Data Act - Part Three: Broad Scope of Consumer Health Data

Quarles & Brady LLP on

This is Part Three in a series of legal updates on the Washington My Health My Data Act (“WMHMDA”) where Quarles continues its deep dive into the various factors and intricacies of WMHMDA that are creating tidal waves in the...more

Perkins Coie

New My Health My Data Act Part 3: The Wide Reach of the New Washington Privacy Legislation

Perkins Coie on

This Update is the third installment of the ongoing series covering Washington state’s new My Health My Data Act (the Act). Part 1 provided a high-level outline of the entities regulated under the Act and the corresponding...more

Jackson Lewis P.C.

NJ Mental Health Provider’s Response to Negative Online Reviews Costs Practice $30,000 in OCR Penalty

Jackson Lewis P.C. on

Unhappy consumers, including patients, are free to express dissatisfaction with services they receive from providers on popular social media or online review platforms, such as Yelp and Google. At least in the healthcare...more

Holland & Knight LLP

Holland & Knight Health Dose: May 23, 2023

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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

Vicente LLP

Buying a Ketamine Clinic: Why, How, and Risks to Understand

Vicente LLP on

This article is part of a continuing series of articles regarding transactional legal issues in the emerging psychedelic space. With ketamine being the only approved psychedelic drug for medical use, ketamine clinics offer a...more

Harris Beach PLLC

Public Health Emergency Ends: Guidance from New York’s Office of Mental Health

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The COVID-19 Federal Public Health Emergency (“PHE”) is scheduled to end on May 11, 2023. With the end of the PHE, a number of the federal and New York state agencies’ regulatory flexibilities put into effect during the PHE...more

Fisher Phillips

Top Workplace Law Stories You May Have Missed from April 2023

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years — and this past...more

American Conference Institute (ACI)

[Event] 14th Annual Advanced Forum on Managed Care Disputes and Litigation - March 29th - 30th, Chicago, IL

Hosted by ACI, 14th Annual Advanced Forum on Managed Care Disputes and Litigation returns for another exciting year with curated programming that will help you make sense of these developments, and their profound impact on...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

Holland & Knight LLP

Lessons Learned from FTC Enforcement Action Against BetterHelp

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The Federal Trade Commission (FTC) is on a roll in its efforts to signal to the digital health industry that data privacy must be a priority. The FTC announced a consent decree with BetterHelp on March 2, 2023, to settle...more

Spilman Thomas & Battle, PLLC

Data Brokers and Mental Health Information – Lack of Protections and Regulations

As consumer data collection continues to rise in the United States and around the world, aggregated health data is becoming a more common product bought and sold by data brokers. While worrying on its own, even more...more

Spilman Thomas & Battle, PLLC

Decoded: Technology Law Insights - V 4, Issue 2, February 2023

Illinois Supreme Court Allows Massive Damages in Biometric Privacy Cases - “The case involves Ohio-based fast-food company White Castle.” Why this is important: Illinois has the strictest biometric privacy law in the...more

Robinson+Cole Data Privacy + Security Insider

Data Brokers May be Selling Mental Health Data with Minimal Vetting

A recent study found that some data brokers are selling highly sensitive data relating to consumers’ mental health conditions on the open market with minimal vetting of their customers and few controls on how these purchasers...more

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