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Health Insurance Portability and Accountability Act (HIPAA) Patients

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Mitigating the Healthcare Compliance Risks of Team Collaboration Tools

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There’s little doubt that team collaboration tools like Slack and Microsoft Teams can streamline and simplify communication in a healthcare environment. With the ability to share files, have direct conversations, and even...more

Kerr Russell

Unpaid Internships in Your Office: What You Should Know

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Question: I am considering having one or two unpaid interns in my office at different times this summer. Are there restrictions on the type of tasks that I am legally able to have them perform? Are there other legal concerns...more

Health Care Compliance Association (HCCA)

Privacy Briefs: August 2024

On July 19, Change Healthcare Ince. filed a breach report with HHS Office for Civil Rights (OCR) concerning its mammoth ransomware attack and breach. The organization’s breach report to OCR identifies just 500 individuals as...more

Health Care Compliance Association (HCCA)

OCR: Rule Halts Disclosures Under ‘Presumption of Lawfulness,’ Shares Model Attestation Form

Attestations are at the heart of permissible disclosures under the HHS Office for Civil Rights’ (OCR) new reproductive health privacy rule—and OCR wants covered entities (CEs) and business associates (BA) to use them now. The...more

Proskauer - Health Care Law Brief

New HIPAA Requirements Place Additional Privacy Obligations on Covered Entities and Patients in an Effort to Protect Reproductive...

On April 22, 2024, the Office for Civil Rights (OCR) for the United States Department of Health and Human Services issued a Final Rule amending the Privacy Rule of the Health Insurance Portability and Accountability Act...more

Spilman Thomas & Battle, PLLC

The Health Record - Healthcare Law Insights, Issue 1, May 2024

Welcome to our inaugural issue of The Health Record - our healthcare law insights e-newsletter! As such, we wanted to pull together our insights and pass them along to you. Our goal is to create a publication that is...more

Health Care Compliance Association (HCCA)

UHG’s Breach Response May Prove Enlightening for Others

Organizations typically deal with ransomware attacks out of the public eye, but the massive scale of United Healthcare Group’s (UHG) February breach made that an impossibility. UHG CEO Andrew Witty was recently on the hot...more

Davis Wright Tremaine LLP

HHS Amends HIPAA To Further Protect Privacy of Reproductive Health Care Information

The U.S. Department of Health and Human Services (HHS) this week released final amendments to the HIPAA Privacy Rule to further protect the privacy of protected health information (PHI) related to reproductive health care....more

McDermott Will & Emery

CMS Interoperability and Prior Authorization Rule Significantly Impacts Payers’ Approval and Denial Practices

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On January 17, 2024, the Centers for Medicare & Medicaid Services (CMS) issued the CMS Interoperability and Prior Authorization final rule (Final Rule) (fact sheet, CMS’ interoperability website), which aims to improve prior...more

Ankura

OCR Issues Guidance to Patients and Providers on Telehealth Privacy and Security

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On October 18, 2023, the Department of Health and Human Services (DHHS) through the Office for Civil Rights (OCR) issued an update1 containing two resource documents to help educate patients regarding privacy and security...more

McDermott Will & Emery

OIG Issues General Compliance Program Guidance Updates

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On November 6, 2023, the US Department of Health and Human Services (HHS) Office of Inspector General (OIG) published the General Compliance Program Guidance (GCPG) as a revised reference guide for the healthcare compliance...more

Butler Snow LLP

Health Care Due Diligence: An Ounce of Prevention is Worth a Pound of Cure

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Due diligence properly performed in connection with the purchase and sale of a health care entity is simply different—vastly so—than due diligence performed in other contexts. Failure to recognize this reality can lead to...more

Manatt, Phelps & Phillips, LLP

New FL Law Bans Offshoring Certain Patient Data & Business Relationships with Specific Countries

A first-of-its-kind Florida law requires health care providers to keep certain patient data within the United States, its territories or Canada....more

Buckingham, Doolittle & Burroughs, LLC

Can Doctors Respond to Online Reviews?

In today’s digital era, online reviews have become a significant influence on consumer decision-making, including when it comes to selecting healthcare providers. With platforms like Yelp, Google, and specialized medical...more

Schwabe, Williamson & Wyatt PC

Blurred Lines in Healthcare Employment: HIPAA Implications When Employees are Patients

During the COVID-19 pandemic, questions about employee health-privacy-related symptoms, testing, and vaccination became prevalent in discussions about the workplace at all levels—from “the water cooler” to national news...more

Sheppard Mullin Richter & Hampton LLP

States Catch Health Care Entities Taking the Bait in Phishing Attacks

The State Attorneys General in New York and New Jersey recently settled with four companies over alleged HIPAA noncompliance following phishing attacks. The New Jersey settlements were brought against three NJ-based cancer...more

Sheppard Mullin Richter & Hampton LLP

California Issues New Health Facility Breach Reporting Requirements

On July 1, 2021, the California Department of Public Health (“CDPH”) issued new regulations (the “Regulations”) effective immediately that more narrowly limit the circumstances under which instances of unauthorized access to...more

Chambliss, Bahner & Stophel, P.C.

Developing Law and Enforcement Trends on Patient Data Access Create New Risks for Radiology Providers

Recent regulatory and enforcement developments in the area of access to patient information create significant new risks for radiology providers. In particular, imaging providers should pay close attention to these...more

Faegre Drinker Biddle & Reath LLP

Fifth Circuit Decision Motivates Covered Entities to Appeal Unreasonable Enforcement Outcomes

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

Bass, Berry & Sims PLC

Perfection Not Required: Fifth Circuit Vacates HHS OCR $4.3 Million Penalty for Potential Data Breach Case

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On January 14, the Fifth Circuit vacated the University of Texas M.D. Anderson Cancer Center’s (M.D. Anderson) $4.3 million fine for HIPAA violations arising from its loss of more than 35,000 individuals’ protected health...more

ArentFox Schiff

Proposed HIPAA Regulations Would Improve Individual Patient Care and Expand Patient Rights

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Nearly two years after soliciting public suggestions to modify HIPAA rules to improve the coordination of care, the Department of Health and Human Services (DHHS) issued a Proposed Rule which changes parts of the Privacy Rule...more

Foley Hoag LLP - Medicaid and the Law

New Developments in HIPAA and Related Issues in Health Information Law

Halloween or HIPAA: Which is Scarier? HIPAA and the Pandemic - Telehealth: - On Friday, March 20, 2020, OCR announced it will “exercise its enforcement discretion and will not impose penalties for noncompliance with...more

Brooks Pierce

Office for Civil Rights Settles Five Investigations in HIPAA Right of Access Initiative: Don’t Give Your Patients Any Reason to...

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Recent enforcement actions by the Office for Civil Rights (OCR) underscore the importance of providing patients with copies of their protected health information (PHI) as required by HIPAA. Failure to provide access exposes...more

McDermott Will & Emery

CCPA Amendment Update: California Legislature Approves Exceptions for HIPAA De-Identified Information and Other Health Data

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On August 31, 2020, the California legislature passed California AB 713, which amends the California Consumer Privacy Act (CCPA) to except from its requirements certain health information, including information that has been...more

Butler Snow LLP

Privacy Versus Pandemic: Must HIPAA Yield to a Public Health Emergency?

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The worldwide COVID-19 pandemic visited on America in the past several months has quickly reinvigorated the foundational and important debate concerning where, in a free society, individual autonomy ends (or should end) and...more

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