News & Analysis as of

Health Insurance Portability and Accountability Act (HIPAA) Protected Health Information Personally Identifiable Information

Epstein Becker & Green

Upcoming Consumer Privacy Laws: What Organizations Must Know for 2024 and 2025

Epstein Becker & Green on

Over the past several years, the number of states with comprehensive consumer data privacy laws has increased exponentially from just a handful—California, Colorado, Virginia, Connecticut, and Utah—to up to twenty by some...more

ArentFox Schiff

Federal Court Scales Back HIPAA Online Tracking Technology Guidance

ArentFox Schiff on

On June 20, a federal district court in Texas ruled that the US Department of Health and Human Services (HHS) Office for Civil Rights (OCR) exceeded its authority under the Health Insurance Portability and Accountability Act...more

Ballard Spahr LLP

The FTC's Revised Health Breach Notification Rule Is Now in Effect

Ballard Spahr LLP on

The Federal Trade Commission (FTC) continues to enforce and update its Health Breach Notification Rule (HBNR) amidst a fast-changing regulatory environment. A new rule, which took effect this week, expands the scope of the...more

Ballard Spahr LLP

2024 HIPAA Developments

Ballard Spahr LLP on

Over the course of the past few months, the Office of Civil Rights (OCR) and the Office of the National Coordinator for Health Information Technology (ONC), both of which are divisions of the U.S. Department of Health and...more

Wyrick Robbins Yates & Ponton LLP

Don’t Call It a Breach Rule: FTC Health Breach Notification Rule Has Been Here for Years, Now Updated to Serve as a Backdoor...

As our loyal Practical Privacy readers may remember, back in December of 2021, the Federal Trade Commission (the “FTC” or “Commission”) began a rulemaking process to update the Commission’s Health Breach Notification Rule...more

Seyfarth Shaw LLP

Keeping with the Times - FTC Expands Scope of Health Breach Notification Rule, Even as HHS Announces Its Own HIPAA Update

Seyfarth Shaw LLP on

On April 26, 2024, the Federal Trade Commission (“FTC”) announced it had finalized changes to modernize the Health Breach Notification Rule (the “HBNR”) by clarifying its applicability to health and wellness apps and other...more

Troutman Pepper

Final Rule Aligns 42 CFR Part 2 with HIPAA and HITECH

Troutman Pepper on

On February 8, 2024, the Department of Health and Human Services (HHS) posted a final rule that aims to align 42 CFR Part 2 (Part 2) — which protects certain substance abuse disorder (SUD) records — with the Health Insurance...more

Polsinelli

Biden’s October 30, 2023, Executive Order on AI: Key Takeaways for Health Care Stakeholders

Polsinelli on

The emergence of generative machine learning models, such as ChatGPT, has led to a surge in interest in artificial intelligence (“AI”) over the past year. This increased interest extends to the health care industry, where AI...more

BakerHostetler

Sovereign Immunity Is Alive and Well, Even After a Cyberattack

BakerHostetler on

As highlighted in the Data Security Incident Response Report, government entities such as universities, medical centers, public utilities and transportation services companies have become highly sought-after targets of cyber...more

Troutman Pepper

Your Organization Has Suffered a Data Incident: Now Here Are the Regulators It Will Likely Encounter

Troutman Pepper on

Government regulators are seemingly as numerous as the stars nowadays, especially in the universe of data incidents. When organizations experience a data incident, they will need to quickly assess what happened, why it...more

Foley & Lardner LLP

Changing Landscape: Federal and State Regulators Focus on Protecting Consumer Health Data

Foley & Lardner LLP on

Recent developments at the federal and state level demonstrate that regulators are focused on protecting consumer health data. Specifically, state and federal regulators want to close the gap between HIPAA-protected data and...more

Wyrick Robbins Yates & Ponton LLP

My Health, My Data, My Class Action Lawsuit: Why the Washington My Health My Data Act Deserves EVERY Company’s Attention

To say there’s been a lot of new privacy law in the last decade is an understatement. For those of us who think we’ve “seen it all,” many of these new laws arrive and elicit a sense of challenge (for the optimists) or mild...more

BakerHostetler

AD-ttorneys@law - February 2023

BakerHostetler on

Game Developer Dodges Loot Box Suit - In-app epi-games are not the same as slot machines, court says. Again with the Noises and Bright Lights - It’s been a while since we reported on defendant Supercell’s...more

J.S. Held

Data Privacy in 2023: Expectations, Responsibilities & Cyber Security Tactics to Safeguard Your Information

J.S. Held on

INTRODUCTION - As more of our lives and work become digitized, an inherent overlap continues to grow between data privacy and cyber security programs. Think of two similarly sized circles: in the past, data privacy and cyber...more

Reveal

Health Information Management: How It Helps Prevent PII and PHI Breaches

Reveal on

Healthcare organizations collect and generate tremendous volumes of highly sensitive—and highly regulated—information about patients every day. A substantial portion of this data is personally identifiable information (PII)...more

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 23, Number 1. Privacy Briefs: January 2023

Report on Patient Privacy Volume 23, no 1 (January 2023) The Centers for Medicare & Medicaid Services (CMS) said a data breach at a Medicare subcontractor impacted the personally identifiable information and protected...more

Hanzo

Hanzo Top 20 Ediscovery & Compliance Blogs of 2022, Part 1

Hanzo on

It’s been another interesting year in the world of legal technology, and we here at Hanzo have covered a variety of topics in 2022. For the next two weeks in December, we’ll highlight our top 20 ediscovery and compliance...more

McDermott Will & Emery

HHS Issues Guidance on Requirements Under HIPAA for Online Tracking Technologies, Addressing Privacy and Security Concerns Related...

McDermott Will & Emery on

On December 1, 2022, the Office for Civil Rights (OCR) at the US Department of Health and Human Services (HHS) issued a Bulletin on the obligations of covered entities and business associates (regulated entities) under the...more

Sheppard Mullin Richter & Hampton LLP

OCR Releases Guidance on Use of Tracking Technologies

Most companies operating websites and mobile apps use some form of tracking technologies on these digital properties. While these types of technologies have been used for some time and serve a variety of purposes, the use of...more

Holland & Knight LLP

HHS Offers HIPAA Guidance on Online Tracking Technologies

Holland & Knight LLP on

For years, patients and healthcare companies have been wrestling with privacy issues relating to cookies, pixels and other tracking technologies. The U.S. Department of Health and Human Services' (HHS) Office of Civil Rights...more

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 22, Number 10. Privacy Briefs: October 2022

Report on Patient Privacy 22, no. 10 (October, 2022) - Thirty Democratic senators led by Sen. Patty Murray, D-Wash., have called on HHS to strengthen federal privacy protections under HIPAA to broadly restrict providers...more

Health Care Compliance Association (HCCA)

Hybrid Workforces and Compliance with Sheila Limmroth

Hybrid work is likely here to say, and, as Sheila Limmroth, privacy specialist at DCH Health System, and the author of the chapter Hybrid Work Environment in the Complete Healthcare Compliance Manual observes in this...more

Reveal

Protecting Healthcare Records These Days is Like a Game of “Whac-a-Mole”

Reveal on

You’ve probably either played the game “Whac-a-Mole” yourself as a kid, or you watched your kid play it, at a Chuck E. Cheese or another similar arcade. It’s a simple game with five holes in which moles pop up and a soft...more

Robinson+Cole Data Privacy + Security Insider

Reporting of Breaches Under 500 Due by March 1

HIPAA requires covered entities and business associates to report to the Office for Civil Rights (OCR) all breaches of unsecured protected health information when the incident involves fewer than 500 individuals no later than...more

Lighthouse

Getting Personal—Wearable Devices, Data, and Compliance

Lighthouse on

Once reserved for routine doctors’ appointments, collecting health-related data has exploded as consumers start to monitor their own health metrics—everything from sleep and fertility to mental health and COVID-19—and...more

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