Health Tech Podcast - Episode 3: HIPAA, HITECH and TCPA
The Biggest Changes in HIPAA/HITECH Omnibus Rule & Recommended Action Steps—Ted Kobus
A strong cybersecurity program can help defend against cyber attacks and protect sensitive patient data. Thanks to a 2021 amendment of the HITECH Act, when a breach occurs, it can also reduce enforcement penalties. The...more
Report on Patient Privacy 22, no. 5 (May, 2022) - Compared to other agencies, the HHS Office for Civil Rights (OCR) is a little fish in the big federal pond, but it has an outsize effect on HIPAA covered entities (CEs) and...more
Over the last several months, a minority of states amended their data breach notification statutes or enacted sector-specific breach notification requirements. ...more
On October 1, 2021, two Acts overhauling data privacy and cybersecurity in Connecticut took effect—the latest instance of stronger state breach reporting requirements with a safe harbor protection from litigation for...more
Effective October 23, 2019 for changes in data breach notification requirements, and March 21, 2020 for new data security requirements, New York’s “Stop Hacks and Improve Electronic Data Security Act” (SHIELD Act) broadens...more
New York State has enacted S5575, the Stop Hacks and Improve Electronic Data Security Act (“SHIELD Act”). This new law amends New York General Business Code 899-aa and adds Section 899-bb to significantly expand consumer...more
The U.S. Department of Health and Human Services recently released a notice of enforcement discretion announcing changes in how the agency will assess civil monetary penalties for violations of the Health Insurance...more
• The U.S. Department of Health and Human Services on Dec. 28, 2018, announced the release of the "Health Industry Cybersecurity Practices: Managing Threats and Protecting Patients" that provides a "Call to Action" to make...more
Despite the lack of significant settlements for HIPAA enforcement by the federal Office of Civil Rights (OCR) so far in 2018, states have not hesitated to patrol privacy and security breach activity and take action against...more
The U.S. Department of Health and Human Services Office for Civil Rights (OCR) has issued a new guidance regarding HIPAA compliance and the use of cloud computing solutions. The guidance is intended to assist covered entities...more
In Case You Missed It: Illinois strengthened its data privacy and security law, with the amendments going into effect in January 2017. The amendments include expanding the definition of “personal information” to include a...more
From the rise in ransomware attacks to inadvertent disclosure of information by subcontractors, the health services industry is reminded that a potential consequence of a data breach is the threat of a regulatory enforcement...more
The National Association of Insurance Commissioners (“NAIC”) continued its efforts to advance cybersecurity in the insurance industry when it recently adopted the Cybersecurity Bill of Rights. The Cybersecurity Bill of Rights...more
On September 29, it was revealed that the HHS Office for Civil Rights (OCR) will commence Phase 2 of its HIPAA audit program in “early 2016.” OCR’s revelation regarding the Phase 2 audits, which had been the subject of...more
Officials at the U.S. Department of Health and Human Services Office of Civil Rights (HHS OCR) have recently selected a vendor to conduct the second wave of HIPAA audits. These so-called "Phase 2 Audits" are set to commence...more
In light of numerous recent data breaches, cybersecurity has emerged as an issue impacting organizations ranging from the local hardware store to the largest multi-national firms in the world. In short, no industry is immune...more
Is a hospital a “consumer reporting agency”? Can a health care provider be liable under the Fair Credit Reporting Act (FCRA) in the event of a data breach? The Seventh Circuit Court of Appeals recently considered these...more