Healthcare Document Retention
Taking the Pulse, A Health Care and Life Sciences Video Podcast | Episode 192: Business Issues for Healthcare with Ira Bedenbaugh and Randi Branham of Elliott Davis
Business Better Podcast Episode: Cyber Adviser – Your Data, My Headache: Consumer Health Data Laws
Conducting Healthcare Compliance Investigations
The FTC's Health Privacy Enforcement Actions
Web-based Tracking Technology and AI: HIPAA Compliance Issues for Health Care Practices
Podcast: Discussing the Implications of Healthcare Privacy Violations
Podcast: Keeping an Eye on HIPAA Trends with Shannon Hartsfield
Podcast - Artificial Intelligence in Healthcare and How to Comply with HIPAA & State Privacy Laws
Meeting Cancer Reporting Requirements
Medical Device Legal News with Sam Bernstein: Episode 10
Business Associates Here, There, and Everywhere: When Does Your Service Provider Really Need to Sign a HIPAA Business Associate Agreement?
Patient Data and Privacy
Changing Telehealth Rules
De-Identification Under HIPAA and GDPR
Data Security Standards Audits
Compliance Programs and Doubt Mining
Employment Law Now VI-121 - Top 5 Fall Things You Need To Know
An Inside Look as a Juror - FCRA Focus Podcast
Expanded Information Block Rules Go into Effect
Every day, physicians, medical practice managers, and administrative professionals call their trusted attorneys with a "quick question" about the legality of a new approach to ensure patients come to their appointments on...more
On July 20, 2023, the new Federal Communications Commission (FCC) rules amending various Telephone Consumer Protection Act (TCPA) exemptions for artificial or prerecorded voice calls to residential telephone lines became...more
Though its sponsors in 1991 intended it for small claims court, the Telephone Consumer Protection Act (TCPA) has turned into high-cost litigation with serious business, and even personal, consequences. The average cost of a...more
The FCC has announced an effective date of July 20, 2023 for rule amendments that affect certain calls to residential numbers that currently are exempt from the Telephone Consumer Protection Act’s (TCPA) prior express consent...more
Will-They-Won’t-They Saga Continues: As we noted, about two weeks ago, more centrist democrats in the House pushed the speaker into a promise to hold a vote on the bi-partisan infrastructure bill passed by the Senate on...more
In 2019, Congress passed the Telephone Robocall Abuse Criminal Enforcement and Deterrence Act—or TRACED Act (Act)—with the goal of complementing the now decades-old Telephone Consumer Protection Act (TCPA) to stem the tide of...more
On January 21, 2021, the HHS Office for Civil Rights (OCR) published a notice of proposed rulemaking (the Proposed Rule) proposing modifications to the HIPAA Privacy Rule to address standards that might impede the transition...more
The FCC recently adopted new rules that will limit the volume of calls that can be made to residential phones under certain TCPA consent exceptions. The new rules affect non-telemarketing calls that use an artificial or...more
On December 30, 2020, the Federal Communications Commission (FCC or Commission) released a Report and Order updating a number of Telephone Consumer Protection Act (TCPA) exemptions. The Report and Order codifies exemptions...more
On July 25, 2020, the Federal Communications Commission (FCC or Commission) issued a Declaratory Ruling and Order in response to a 2015 petition by Anthem, Inc, a provider of health insurance (Anthem). Anthem requested that...more
What a time to be alive. Despite this phrase being a personal favorite, I would guess that most of us think of these six-words—or some variation thereof—on a daily basis. At the beginning of this year, most Americans likely...more
Telehealth is particularly well suited for initial screening of patients and providing quicker and safer access to providers during the COVID-19 pandemic....more
The COVID-19 emergency presents an unprecedented need to communicate quickly and effectively from a distance. Telehealth and telecommunications applications more broadly are poised to address the potentially crushing demand...more
"Open the pod door, HAL" • Commercial voice-activated intelligent personal assistants from Amazon, Apple, Google, and Microsoft, among others, are growing in popularity. • A report from NPR and Edison Research states...more
On March 16, 2018, the D.C. Circuit Court of Appeals issued its long-awaited Telephone Consumer Protection Act (TCPA) opinion in ACA International v. Federal Communications Commission, a consolidated appeal of the FCC’s July...more
• The D.C. Circuit reviewed a 2015 FCC order that interpreted the TCPA’s prohibition against using automated dialing devices to make unsolicited calls to cellular telephones. The court set aside two portions of the 2015 Order...more
The Second Circuit has affirmed a lower court decision that a flu shot reminder sent by text message by a medical provider did not violate the Telephone Consumer Protection Act (the “TCPA”). The decision is important because...more
On December 28, 2017, the Centers for Medicare and Medicaid Services (CMS) published a memo to state survey agency directors clarifying its position on the use of text messaging among health care providers. ...more
In Latner v. Mt. Sinai Health System, Inc., ___ F.3d ___, 2018 WL 265085 (2d Cir. 2018), the Second Circuit recently held that a single flu shot reminder text does not violate the TCPA when a patient gives prior express...more
Fax machines are still used in the medical community, and these days, faxing may be more secure than emailing as hackers have not yet cracked the task of hacking into old fax machines. All kidding aside, fax machines have...more
Oklahoma Governor Mary Fallin recently signed into law SB 726, establishing new telemedicine practice standards, including explicitly allowing doctors to create valid physician-patient relationships via telemedicine without...more
New York Attorney General Announces Record Number of Data Breach Notices in 2016 - On March 21, 2017, the New York Attorney General's Office announced that it received 1,300 reported data breaches in 2016—a 60 percent...more
Covered entities have a long list of laws and regulations governing their conduct, including their communications with patients, customers, and members. Specifically, the Health Insurance Portability and Accountability Act...more
Plaintiffs across the country have continued to file class actions against companies of all stripe for violation of the Telephone Consumer Protection Act (“TCPA”), often for communications far afield from the classic...more
In the span of two days, mobile device users learned of two data breaches that could compromise their personal data. In one, Experian (a credit reporting agency) reported that it was hacked, potentially putting 15 million...more