News & Analysis as of

Information Sharing Healthcare

Health Care Compliance Association (HCCA)

Hackers Increasingly Leveraging Threats to Patients to Pressure Health Organizations to Pay Ransom

Cyberhackers—potentially frustrated by their limited ability to extort ransom from health care entities in attacks—have started extorting the patients themselves, threatening them with the release of information or...more

Epstein Becker & Green

ONC’s “Information Blocking Enhancements” Under the HTI-1 Rule Are in Effect

On Monday, March 11, 2024, the Office of the National Coordinator for Health Information Technology’s (ONC) Health Data, Technology, and Interoperability: Certification Program Updates, Algorithm Transparency, and Information...more

Smart & Biggar

Health Canada and the Competition Bureau commit to information sharing to combat false, misleading or deceptive health claims

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On March 7, 2024, Health Canada published a Memorandum of Understanding (MOU) with the Competition Bureau (together, Participants) to advance their mutual interests and develop a framework of cooperation to assist in...more

Fenwick & West LLP

New Federal Requirements for AI and IT System Implementation in Healthcare

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On October 30, 2023, the Biden administration issued Executive Order 14110 on the Safe, Secure and Trustworthy Development and Use of Artificial Intelligence (the “Executive Order”). As detailed in our previously published...more

Robinson+Cole Health Law Diagnosis

ONC’s HTI-1 Final Rule Updates Information Blocking Regulations

On December 13, 2023, the Office of the National Coordinator for Health Information Technology (ONC) issued its final rule entitled “Health Data, Technology, and Interoperability: Certification Program Updates, Algorithm...more

Epstein Becker & Green

Sharing Scientific Information with HCPs on Unapproved Uses of Medical Products: Dos and Don’ts Under FDA’s New Draft Guidance

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In October 2023, the FDA released draft guidance entitled “Communications From Firms to Health Care Providers Regarding Scientific Information on Unapproved Uses of Approved/Cleared Medical Products: Questions and Answers...more

McDermott Will & Emery

California’s New Reproductive Privacy Laws AB 352 and AB 254 Create Complexities For Health Information Sharing

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In the wake of the Supreme Court of the United States’s decision in Dobbs v. Jackson Women’s Health Organization and the adoption of laws outside California that criminalize most abortions as well as gender affirming care,...more

Nelson Mullins Riley & Scarborough LLP

The Other Shoe Drops: What the FTC’s Withdrawal of Long-Standing Antitrust Guidance in the Healthcare Industry and the Demise of...

With minimal fanfare on a quiet summer Friday afternoon, the Federal Trade Commission (FTC) did what many have been expecting it to do for several months: it officially withdrew from two healthcare antitrust enforcement...more

Health Care Compliance Association (HCCA)

Privacy Briefs: July 2023

A former hospital worker in Arizona was sentenced to 54 months in prison and ordered to pay restitution after pleading guilty to two felony counts involving identity theft and health information disclosure. In the plea deal,...more

Health Care Compliance Association (HCCA)

Privacy Briefs: May 2023

Five former Memphis-based hospital employees and another man have pled guilty to unlawfully disclosing patient information in violation of HIPAA, U.S. Attorney for the Western District of Tennessee Kevin Ritz announced....more

Foley Hoag LLP - Security, Privacy and the...

The FTC Outlines What It Sees as “The HIdden Impacts of Pixel Tracking”

In a very comprehensive post from the Federal Trade Commission’s Office of Technology, the FTC takes what it calls “[a] deep dive into the technical side of FTC’s recent cases on digital health platforms, GoodRx &...more

Pillsbury Winthrop Shaw Pittman LLP

Recent DOJ Action Creates Uncertainty for Information-Sharing Programs

DOJ recently withdrew three antitrust policy statements that had provided guidance for information sharing by competitors Companies that participate in an information exchange should share sensitive information only with...more

Proskauer Rose LLP

DOJ Withdraws Three Decades of Health Care Antitrust Policy

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The DOJ continued its transformation of long-standing antitrust policy on February 3rd, withdrawing a slate of long-standing antitrust policy statements addressing healthcare markets and providers. The three guidance...more

Vinson & Elkins LLP

From Manila Envelopes to Algorithms: The Department of Justice Revisits Antitrust Information Sharing Guidance

Vinson & Elkins LLP on

Sharing competitively sensitive information can carry antitrust risks in certain situations. Recently, the Antitrust Division of the U.S. Department of Justice indicated that it will take an increased interest in challenging...more

Holland & Hart LLP

Withdrawal of Antitrust "Safety Zones"

Holland & Hart LLP on

The US Department of Justice recently announced its withdrawal of three decades-old policy statements recognizing antitrust “safety zones” relating to information sharing and collaboration among competitors. The statements...more

Stinson LLP

DOJ Repeals Healthcare Policy Statements Containing Longstanding Guidance on Information Sharing

Stinson LLP on

On February 3, the Department of Justice (DOJ) formally withdrew three antitrust policy statements related to enforcement in the healthcare industry. These policy statements—from 1993, 1996, and 2011—addressed topics such as...more

King & Spalding

DOJ Alters Standards for Information Sharing in Healthcare

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On Friday, February 3, DOJ announced that it is withdrawing three policy statements of antitrust guidance it has provided and that have been adopted by the healthcare industry for close to 30 years. The statements include...more

Foley & Lardner LLP

DOJ Withdraws Policy Statements That Defined Limited Safe Harbor for Information Sharing Among Competitors

Foley & Lardner LLP on

On February 3, 2023, the U.S. Department of Justice’s Antitrust Division (DOJ) announced that it is withdrawing three policy statements the DOJ and Federal Trade Commission (FTC) issued between 1993 and 2011, related to...more

Morrison & Foerster LLP

DOJ Signals Intent to Increase Antitrust Scrutiny of Information Sharing

On February 2, 2023, the Principal Deputy Assistant Attorney General for the U.S. Department of Justice’s (DOJ) Antitrust Division, Doha Mekki, announced that the DOJ was withdrawing three policy statements outlining safe...more

Foley Hoag LLP - Security, Privacy and the...

Key Considerations for Health App Developers from the FTC

If your company creates health-related apps, the Federal Trade Commission (FTC) has set out some key considerations: - Make accurate representations. Clearly explain how people’s information will be used and shared and then...more

Seyfarth Shaw LLP

Healthcare Employers Beware: DOJ Announces Criminal Investigation of Healthcare Human Resources Practices in the Midst of the...

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Seyfarth Synopsis: At the recent American Bar Association’s Antitrust in Healthcare conference, the Department of Justice (“DOJ”) reportedly advised that it has open criminal investigations into agreements among healthcare...more

Robinson+Cole Data Privacy + Security Insider

SAMHSA Issues Final Rule for Update to Part 2

The Substance Abuse and Mental Health Services Administration (SAMHSA) issued its final rule updating proposed changes to the Confidentiality of Alcohol and Drug Abuse Patient Records regulations (also known as 42 CFR Part 2...more

Baker Donelson

Cyber Attack Information Sharing will Bring Liability Protections to Companies

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On December 18, 2015, President Obama signed the 2016 Consolidated Appropriations Act. Included in this must-pass federal funding legislation is the Cybersecurity Act of 2015, which represents the most significant federal...more

Cooley LLP

Blog: Implications of the Cybersecurity Bill for the Health Care Industry

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On Tuesday the Senate passed the Cybersecurity Information Sharing Act (CISA). The House had passed a similar bill, the Protecting Cyber Networks Act, in April of this year. The Act comes in the wake of many large scale data...more

Bradley Arant Boult Cummings LLP

Data Breach Response Planning: Laying the Right Foundation

Part of Bradley Arant’s Privacy and Information Security Team’s seven-part Data Breach Toolkit Webinar Series, the “Data Breach Response Planning: Laying the Right Foundation” webinar, led by Paige Boshell and Amy Leopard,...more

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