News & Analysis as of

Hospitals Health Insurance Portability and Accountability Act

CMS Clarifies Text Messaging Prohibition

by Baker Ober Health Law on

After a confusing month of contradicting guidance, the Centers for Medicare & Medicaid Services (CMS) issued a memorandum clarifying its position regarding the use of text messaging with patient information between providers....more

CMS Memo on Texting Patient Information

by Holland & Knight LLP on

CMS issued a memo to state survey agency directors on December 28, 2017, to clarify CMS’s position on texting patient information. The memo, which indicates that it is effective “immediately,” states that CMS prohibits...more

Cottage Health Pays $2M to CA AG for Data Breach

Cottage Health, a three hospital health care system located in California has agreed to pay the California Attorney General’s Office $2 million to settle allegations that it failed to implement data security safeguards to...more

"Breaking Bad" News: Sharing PHI During Opioid Crisis

by Baker Ober Health Law on

In response to President Trump's declaration of the opioid crisis as a public health emergency, the Office for Civil Rights (OCR) released guidance intended to educate health care providers on how they can respond to requests...more

Williams Mullen On Call - November 2017

by Williams Mullen on

Welcome to the third edition of Williams Mullen On Call. In this edition, we are pleased to provide two very timely interviews. The first interview is with Mandy K. Cohen, MD, MPH, Secretary of the North Carolina Department...more

Clinical trials Part II: Privacy, cybersecurity risks, and managing ePHI

by Thompson Coburn LLP on

The ongoing digitization of the drug and medical device industries continues, and, as a result, new considerations have come to the forefront for companies engaged in clinical trials. In Part 1 of this series, we described a...more

Corridors October 2017 - News for North Carolina Hospitals

by Poyner Spruill LLP on

IRS Revokes Hospital's Exemption Under Section 501(c)(3) for Failure to Comply with Community Health Needs Assessment Requirements - On August 4, 2017, the Internal Revenue Service (IRS) released its first revocation of a...more

Health Care E-Note - October 2017

by Burr & Forman on

Health care providers are constantly receiving requests for copies of patient medical records. Some requests come by way of the patient exercising his/her right to access his/her medical records, some come by way of patient...more

9 Key Takeaways From the 12th Annual Healthcare Provider Conference

by McGuireWoods LLP on

September 26, 2017 Following are nine key takeaways from the 12th Annual Healthcare Provider Conference held in Charlotte, North Carolina, on September 12, 2017....more

In the Wake of Harvey and Irma, OCR Reminds Providers of HIPAA Rules

As Texas, Florida, and the Caribbean rebuild after the latest string of deadly hurricanes and prepare for the possibility of future storms, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR)...more

What Hospitals Need to Know About the Natural Disaster Exception to Stark Law

by Baker Ober Health Law on

Hospitals operating in regions affected by the recent hurricanes and other natural disasters may be able to obtain temporary regulatory relief. During times of disasters and emergencies, CMS can provide some flexibility...more

Hurricane Recovery Client Alert: Regulatory Relief for Healthcare Providers in Disaster Areas

by Morgan Lewis on

Hurricanes Harvey and Irma have led to the declaration of a public health emergency in various affected areas across the country. As healthcare providers continue to provide essential disaster response operations, CMS and HHS...more

HHS Issues Limited Waiver of HIPAA Sanctions Post-Hurricane Harvey

The U.S. Department of Health and Human Services (HHS) has used its authority to waive certain provisions of HIPAA in response to Hurricane Harvey. HHS previously declared a public health emergency in Texas and Louisiana...more

HHS Issues Limited Waiver of HIPAA Sanctions Post-Hurricane Harvey

The U.S. Department of Health and Human Services (HHS) has used its authority to waive certain provisions of HIPAA in response to Hurricane Harvey. HHS previously declared a public health emergency in Texas and Louisiana...more

Hospitals and Others Respond to “Red Tape Relief Project” Requests

Last week, a number of health care industry associations sent letters to Congress detailing ways in which the government could relieve them of the burdens associated with “red tape.” The letters are in response to the first...more

Improper HIPAA Disclosure Results in Termination and Legal Dispute

The Kentucky Court of Appeals recently held that a hospital acted lawfully in terminating the employment of a nurse for violating the Health Insurance Portability and Accountability Act of 1996 (HIPAA). The nurse had been...more

Even More At Stake Than Meets The Eye With Potential HIPAA Violations

by Fisher Phillips on

A federal court in New Mexico recently declined to dismiss tort claims asserted by a registered nurse against her employer, a government-run hospital, where she sought and obtained treatment for a brutal sexual assault. In...more

Princeton Community Hospital Replaces Computer Network After Petya Attack

Numerous hospitals were victims to last week’s (aka NotPetya) ransomware attack. But one hospital—Princeton Community Hospital in West Virginia–has admitted that it is going to replace its entire computer network after Petya...more

Enforcement Considerations for the Health Care Industry in the Wake of the WannaCry Ransomware Attack

by Ropes & Gray LLP on

On May 12, 2017, the WannaCry ransomware cryptoworm attacked over 230,000 computers in over 150 countries, holding data on the computers for ransom. WannaCry spread rapidly through networked systems that had not been updated...more

Organizations Want to Cry After WannaCry Ransomware Attacks

Earlier this month a massive ransomware attack spread throughout 150 countries, infecting 300,000 computers and crippling businesses across the globe. The ransomware, called “Wannacry,” infiltrated a variety of institutions,...more

Key Takeaways From FHA’s Health Law Summit

by Foley & Lardner LLP on

Foley recently co-hosted the Florida Hospital Association’s (FHA) 2017 Health Law Summit, which brought together more than 40 in-house attorneys and compliance officers from FHA member hospitals to discuss the current state...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

To Settle or Not to Settle – That Is the Question Raised by Recent HIPAA CMPs

by Davis Wright Tremaine LLP on

On February 1, 2017, the Department of Health and Human Services, Office for Civil Rights (“OCR”) announced that the Children’s Medical Center of Dallas (“Children’s”) has paid a civil monetary penalty (“CMP”) of $3.2 million...more

Hospital pays $3.2M Resulting from HIPAA Security Rule Noncompliance

In one of the last health care related acts of President Obama’s administration, the U.S. Department of Health and Human Services, Office for Civil Rights (OCR), imposed a multimillion-dollar HIPAA civil money penalty (CMP)...more

Lack of Timely Action and Knowledge of Risk Results in $3.2 Million Civil Monetary Penalty for HIPAA Violations

Children’s Medical Center of Dallas (Children’s) was hit with a $3.2 million civil penalty from the U.S. Department of Health and Human Services, Office for Civil Rights (OCR) for failing to take steps to properly protect...more

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