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Health Information Technology for Economic and Clinical Health Protected Health Information

The Health Information Technology for Economic and Clinical Health Act (HITECH) was enacted in 2009, as part of the American Recovery and Reinvestment Act. The Act seeks to promote the adoption and use of health... more +
The Health Information Technology for Economic and Clinical Health Act (HITECH) was enacted in 2009, as part of the American Recovery and Reinvestment Act. The Act seeks to promote the adoption and use of health information technology. One of the key provisions of the Act establishes a national network of electronic health records.  less -

Internet of Things Issues Guide

by Hogan Lovells on

Devices that formerly existed in only the physical world are now entering the digital world, and as a result, the Internet of Things (IOT) is here. Both familiar and unfamiliar objects are part of the IOT: toothbrushes...more

HIPAA Check: Do You Know What to Do if a Breach Happens to You?

by Williams Mullen on

Breaches happen. They happen to major health systems, and they happen to solo practitioners. They happen to health plans, and they happen to health information technology vendors. In our technology-reliant world, it would be...more

Healthcare Legal News: Volume 7, Number 2

by Dickinson Wright on

Where is your PHI Data Traveling Today? With most vendors offering and pushing cloud computing solutions and offsite data backup, or guaranteeing offsite backup of data they process for you, many HIPAA covered entities and...more

Where is your PHI Data Traveling Today?

by Dickinson Wright on

With most vendors offering and pushing cloud computing solutions and offsite data backup, or guaranteeing offsite backup of data they process for you, many HIPAA covered entities and business associates are questioning...more

Health Care E-Note - July 2017

by Burr & Forman on

Everywhere you look these days, there seems to be another report of a cyberattack -- attacks which do not discriminate based on industry type, size of business, or impact. In other words, everyone is vulnerable. In fact, the...more

New York State Enforces Data Breach Notification Law

Earlier this month, New York Attorney General Eric Schneiderman announced his state had entered into a settlement with CoPilot Provider Support Services, Inc. (CoPilot)—a settlement resulting from CoPilot’s violation of the...more

Healthcare Business Associates

by Bryan Cave on

The Health Information Technology for Economic and Clinical Health (“HITECH”) Act modified the Health Insurance Portability and Accountability Act (“HIPAA”) by expanding the definition of Business Associates (“BA”) and their...more

Securing Protected Health Information: FBI Warning

by Burns & Levinson LLP on

HIPAA and the HITECH are federal laws that require the protection and security of confidential, protected health information (PHI) and personally identifiable information that is not necessarily health related. The federal...more

OCR Identifies Continuing HIPAA Enforcement Issues, Areas of Future Guidance and Regulations

Last week the Health Care Compliance Association hosted its annual “Compliance Institute.” Iliana Peters, HHS Office for Civil Rights’ Senior Advisor for HIPAA Compliance and Enforcement, provided a thorough update of HIPAA...more

What's "Hidden" in the 21st Century Cures Act for Health Care Entities

by Nilan Johnson Lewis PA on

The 21st Century Cures Act (Cures) was signed into law December 13, 2016. While the primary focus of the 996-page Act centered on biomedical innovation, several components of Cures have significant implications for health...more

Cybersecurity and the Role of ERISA Fiduciaries

The Employee Retirement Income Security Act of 1974, as amended (ERISA), protects plan participant benefits and account balances by imposing high standards of care on the plan’s fiduciaries. Fiduciaries who do not follow...more

OCR Announces Initiative to Amplify Investigations of Breaches Affecting Fewer than 500 Individuals

by Ropes & Gray LLP on

Taking another step toward more aggressive enforcement under the Health Insurance Portability and Accountability Act (“HIPAA”), on August 18, 2016, the U.S. Department of Health & Human Services (“HHS”) Office for Civil...more

OCR Begins HIPAA Phase 2 Audits

by Morgan Lewis on

What covered entities and business associates can do to prepare for the next round of audits. On July 11, the HIPAA Phase 2 audits commenced when 167 covered entities received notice of a desk audit from the Department...more

HIPAA Audit Program Update—HHS OCR Moves Forward with Desk Audits

As we previously reported, on March 21, 2016, the U.S. Department of Health and Human Services Office for Civil Rights (OCR) launched the long-awaited Phase 2 of the audit program that is intended to assess compliance with...more

Just a Matter of Time: First-Ever Settlement of HIPAA Claims Against a Business Associate

by McGuireWoods LLP on

On June 30, 2016, the Health and Human Services Office for Civil Rights (OCR) announced the first-ever settlement of Health Insurance Portability and Accountability Act (HIPAA) claims against a business associate. According...more

OCR levies first fine ever directly against business associate

Our predictions that the Office for Civil Rights (OCR) will become more aggressive with audits, investigations, and fines against HIPAA business associates has come true. On June 24, 2016, the OCR announced that it has...more

Protecting Health Plan Information Is More Important Than Ever

by Fisher Phillips on

It’s common for employers outside the healthcare industry to believe they can avoid issues brought about by the Health Insurance Portability and Accountability Act (HIPAA) and other health plan data laws. After all, most...more

Health Law Wire: Recent HIPAA Settlements Highlight the Importance of Business Associate Agreements (5/16)

The Office of Civil Rights (OCR), the agency within the United States Department of Health and Human Services that enforces the HIPAA Privacy and Security Rules, recently sent a clear message about the importance of business...more

What's New with HIPAA?

by Holland & Knight LLP on

A number of new developments have taken place related to Health Insurance Portability and Accountability Act (HIPAA) privacy and security compliance, and enforcement is increasing. Healthcare providers, health plans and other...more

Expansion of HIPAA audit program now underway

by McAfee & Taft on

As detailed in our latest webinar, “Daunting but doable: Preparing for the next round of HIPAA audits,” the Office for Civil Rights (OCR) has begun implementing the first full-phase HIPAA audit program. The 2009 HITECH Act,...more

Department of Health and Human Services Cracks Down on Vendor Oversight in Recent Hospital Settlements

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

Appeals Court Confirms that HITECH Violations Do Not Violate FCA

by Polsinelli on

In an important recent decision, the Sixth Circuit Court of Appeals confirmed that a qui tam relator's claim that her former husband improperly accessed electronic protected health information (e-PHI) of her and her relatives...more

Sixth Circuit Affirms Dismissal of FCA Claim Based on Health Data Breaches

The U.S. Court of Appeals for the Sixth Circuit recently affirmed the dismissal of a False Claims Act (FCA) case premised on protected health data breaches. In United States ex rel. Sheldon v. Kettering Health Network, the...more

A New Tool for Health App Developers to Navigate a Crowded Regulatory Field

by Pepper Hamilton LLP on

As regulators seek to define their authority and the scope of their enforcement power, more health apps will continue to flood the marketplace and transform how patients are treated. As mobile health applications...more

State AGs Upping the Ante on Health (and Other) Information Data Incidents – Expect Increased Enforcement Actions

by Reed Smith on

State attorneys general (AGs) continue to emerge as major regulators of privacy, and increasingly, with respect to compromises of health-related data. Businesses concerned with U.S. customer or employee data have long...more

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Cybersecurity

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