News & Analysis as of

Health Insurance Portability and Accountability Act (HIPAA) Technology Sector

McDermott Will & Emery

OCR Withdraws Appeal in AHA v. Becerra

On August 29, 2024, the US Department of Health and Human Services (HHS) Office for Civil Rights (OCR) withdrew its appeal of the US District Court for the Northern District of Texas’s June 20, 2024, decision in American...more

McDermott Will & Emery

OCR Files Notice of Appeal in Online Tracking Technologies Case

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On August 19, 2024, the US Department of Health and Human Services Office for Civil Rights (OCR) filed a notice of appeal of the US District Court for the Northern District of Texas’s June 20, 2024, decision in American...more

Sheppard Mullin Richter & Hampton LLP

Do You Catch Our Drift? Navigating the Waters of Offshoring and Patient Data

With technology rapidly evolving and jurisdictions appearing blurred, it is increasingly important to be mindful of data flow and use. This is particularly true where patient data is being accessed by offshore subcontractors....more

McDermott Will & Emery

Federal Court Invalidates Key Part of HHS OCR Bulletin Regarding Application of HIPAA to Online Tracking Technologies

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In a consequential decision for Health Insurance Portability and Accountability Act (HIPAA)-regulated entities, on June 20, 2024, the US District Court for the Northern District of Texas ruled in American Hospital Association...more

A&O Shearman

Minnesota Governor approves new Consumer Data Privacy Act

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On May 24 2024, Senate Bill 4757, a bill for an act relating to commerce containing the Minnesota Consumer Data Privacy Act (the 'Act'), was approved by the Governor of Minnesota. The Act, which becomes effective on July 31...more

Spilman Thomas & Battle, PLLC

The Health Record - Health Law Insights, Issue 2, June 2024

Welcome to our second issue of The Health Record - our healthcare law insights e-newsletter! SCOTUS Agrees to Review Medicare DSH Payments Case - “The suit, Advocate Christ Medical Center v. Becerra, was originally filed in...more

Spilman Thomas & Battle, PLLC

Decoded Technology Law Insights, V 5, Issue 4, May 2024

MIT Report Details New Cybersecurity Risks - “Cloud misconfigurations, more sophisticated ransomware, and vendor exploitation attacks are contributing to rising cyberattacks.” Why this is important: Worldwide spending...more

Bass, Berry & Sims PLC

OCR Updates Guidance Regarding Compliance with HIPAA in Use of Online Tracking Technologies: Questions Remain

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On March 18, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) released updated guidance to “increase clarity” for entities regulated by the Health Insurance Portability and Accountability...more

McDermott Will & Emery

Change Healthcare Security Incident – Practicable Next Steps for Impacted Customers

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The Change Healthcare ransomware attack presents potentially significant ramifications for hospitals, health systems, pharmacies and others that rely on the organization’s tools for healthcare payment, revenue cycle...more

Lighthouse

Microsoft Copilot for M365: 4 Readiness Considerations for Legal and eDiscovery Teams

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Enterprise adoption of new technology has always impacted legal and eDiscovery teams. Microsoft Copilot for Microsoft 365, Microsoft’s flagship generative AI tool, is no different. While it promises to increase workplace...more

Shutts & Bowen LLP

New Guidelines Anticipated Following HHS’s Health Cybersecurity Concept Paper

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Updates to the Health Insurance Portability and Accountability Act Security Rule (“HIPAA Security Rule”) are planned for Spring 2024. New guidance from The Department of Health and Human Services (“HHS”) via a recently...more

Gardner Law

Med-Tech Meets High-tech: Privacy, Cybersecurity and Ai in Connected Devices

Gardner Law on

...Innovation in connected medical devices is critical to advances in health care outcomes, user experience, and reducing costs. These exciting technologies also can be challenging when it comes to navigating the complex...more

Perkins Coie

The New Health Privacy Landscape—Out of the Frying Pan and Into the Fire

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Just a few years ago, the legal landscape governing health-related personal information was relatively simple: Protected Health Information (PHI) was regulated under Health Insurance Portability and Accountability Act...more

McDermott Will & Emery

3 Questions Healthcare Provider Organizations Need to Consider when Implementing Pixel Tracking Technologies

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Online tracking technologies, such as pixels, have become a common feature of the modern web and app ecosystem. Pixels and other online tracking technologies may be configured to collect user data about website visits,...more

Bradley Arant Boult Cummings LLP

FTC and OCR Take Aim at Tracking Pixels in Joint Letter Warning Hospitals and Telehealth Providers About Privacy and Security...

In July 2023, the Federal Trade Commission (FTC) and the U.S. Department of Health and Human Services Office of Civil Rights (OCR) sent a joint letter to approximately 130 hospital systems and telehealth providers raising...more

Spilman Thomas & Battle, PLLC

Decoded - Technology Law Insights, V 4, Issue 7, August 2023

You may be Entitled to Financial Compensation…for Your Data - “Without all of our writings and photos that AI companies are using to train their models, they would have nothing to sell.” Why this is important: This...more

Reveal

Data Classification Policy: What it is and How it Can Boost Your Information Governance Efforts

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An estimated 82% of the data breaches that occurred in 2022 involved human error or intentional misconduct. That’s why organizations need to be diligent in protecting their data from both internal and external threats. One...more

Sheppard Mullin Richter & Hampton LLP

FTC Proposes Changes to Health Breach Notification Rule Clarifying Application to Health and Wellness Apps

In May, the Federal Trade Commission (“FTC”) proposed changes (the “Proposed Rule”) to the Health Breach Notification Rule (the “Rule”), which, among other items, emphasize that the Rule applies to mobile health applications...more

McDermott Will & Emery

FTC Proposes Health Breach Notification Rule Amendments

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The Federal Trade Commission (FTC), at its May 18, 2023, open Commission meeting, voted unanimously to issue a Notice of Proposed Rulemaking to amend the Health Breach Notification Rule (HBNR). The FTC’s proposed amendment...more

Mitchell, Williams, Selig, Gates & Woodyard,...

ChatGPT in the Workplace - A Legal Minefield! What You Need to Know to Protect Your Business

As artificial intelligence (“AI”) technology continues to advance, more and more people are logging on and experimenting with the technology. ChatGPT, one free and popular AI, is reportedly the fastest-growing consumer...more

Woods Rogers

Reviewing Online Tracking Technologies Could Keep HIPAA-Regulated Entities Out of Hot Water

Woods Rogers on

A patient surfs a hospital system’s website and reads an article about depression and anxiety. The patient then searches the hospital’s website for mental health providers in the area. A few hours later, the patient logs into...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

Spilman Thomas & Battle, PLLC

Decoded: Technology Law Insights - Issue 24, 2022

North Carolina Power Outage Points to Homeland Security Long-Documented Threats to US Power Grid - “Moore County blackouts serve as reminder that nation’s electricity infrastructure could be vulnerable targets for domestic...more

Goodwin

The Potential Impact of State Abortion Laws on Reproductive Health Apps

Goodwin on

Millions of women use reproductive health applications (or “apps”) to track menstrual cycles, ovulation, and pregnancy. These apps provide women that use the rhythm method for birth control and women seeking to become...more

Spilman Thomas & Battle, PLLC

Decoded: Technology Law Insights, Volume 3, Issue 2

BioPlus Specialty Pharmacy Faces Lawsuit Over Healthcare Data Breach - "Florida-based BioPlus Specialty Pharmacy allegedly failed to safeguard PII and notify patients of a healthcare data breach that impacted 350K, the...more

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