News & Analysis as of

Medical Records Data Protection

Data Privacy + Cybersecurity Insider - October 2017 #4

by Robinson & Cole LLP on

Energy and Critical Infrastructure Industries Warned of Increased Attacks by FBI and DHS - The FBI and Department of Homeland Security issued a joint statement on October 20, 2017 warning of an increased danger of a...more

Global Privacy & Cybersecurity Update Vol. 15

by Jones Day on

UNITED STATES - Regulatory—Policy, Best Practices, and Standards - FTC Comments on Improvements to IoT Device Security - On June 19, the Federal Trade Commission ("FTC") submitted comments to a working group organized by the...more

(Un)Protected Health Information Held for Ransom

by Snell & Wilmer on

Recent experiences of major health care companies offer a reminder of the importance of data security and following a well-written policy for compliance with the HIPAA Privacy Rule....more

Global Privacy & Cybersecurity Update Vol. 14

by Jones Day on

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

Potential HIPAA Pitfalls for Developers of Healthcare Apps

by Perkins Coie on

As federal and state governments struggle to address future healthcare regulation, demand for healthcare that is cheaper, better and faster continues to surge. Every day, new healthcare apps are being developed to respond...more

Notable New State Privacy and Data Security Laws – Part One

by Snell & Wilmer on

States aren’t static when it comes to data privacy and security laws. This is Part One of a two-part series about several new state privacy and data security laws that took effect within the last year. In this article,...more

Best Practices for Safeguarding Protected Health Information in Inclement Weather

As the East Coast prepares for the arrival of Hurricane Matthew, covered entities and business associates should take the opportunity to remind their workforce members to safeguard protected health information (PHI) that is...more

HHS guidance seeks to clarify scope of PSQIA

On May 24, 2016, the Department of Health & Human Services (HHS) issued guidance (Guidance) to health care providers and patient safety organizations (PSOs) in an attempt to clarify the definition of patient safety work...more

New report warns health care industry to expect more ransomware attacks

A new report of a survey of around 30 mid-sized hospitals by the Health Information Trust Alliance (HITRUST) concludes that health care entities should be prepared for an increase in ransomware attacks in the near future....more

Employee Health Information: Separate and Secure

by Zelle LLP on

There are several reasons an employer might have employee health information, ranging from the results of a pre-employment physical to the contents of a request for FMLA leave to what’s written in a health provider’s note...more

Comment period extended for NIST Cybersecurity Practice Guide

The National Institute of Standards and Technology has announced that due to stakeholder feed-back, the period to submit comments for the draft guide, “Securing Electronic Health Records on Mobile Devices” has been extended...more

Jury Clears UCLA Health in Lawsuit Stemming From Improper Access to PHI by Plaintiff’s Romantic Rival

by Snell & Wilmer on

A UCLA employee and patient now has celebrity-level security on her protected health information (PHI) as maintained by the UCLA Health system, but a jury denied her the $1.25 million in emotional distress damages she sought...more

U.S. Department of Education issues FERPA guidance related to medical information

In conjunction with the new school year, the U.S. Department of Education issued guidance, in the form of a “Dear Colleague” letter, to higher education institutions to remind them of FERPA’s requirements as they relate to...more

Time for a HIPAA Security Check-Up!

The 2015 HIPAA Security conference held by the National Institute of Standards and Technology (“NIST”) and the U.S. Department of Health and Human Services, Office for Civil Rights (“OCR”) kicked off last week with OCR’s...more

[Webinar] Beam It Up Safely: Navigating Data Privacy and Security in Telemedicine's Uncharted Territory - Sept. 17, 12:00pm EDT

by Pepper Hamilton LLP on

Science fiction programs once imagined a future where a doctor on a spaceship could treat a patient on a distant planet using groundbreaking technology. The health care industry may not yet have made this giant leap, but...more

Second class action suit filed against Medical Informatics

We previously reported that Medical Informatics Engineering, Inc. was sued over a data breach that occurred in May and affected over 4 million individuals. Thereafter, Indiana AG Gregory Zoeller advised all Hoosiers to freeze...more

Proposed class action case filed against Medical Informatics Engineering

Medical Informatics Engineering, Inc., an electronic medical record service provider, recently disclosed a data breach affecting approximately 4 million individuals. Within days of the disclosure, Medical Informatics was hit...more

Oregon Amends Data Breach Law — Companies Can Expect More Enforcement Actions

by Lane Powell PC on

Oregon Gov. Kate Brown recently signed into law amendments to the state’s data breach law. These amendments recognize the growing definition of data, expand the role of the Attorney General in addressing data breaches,...more

2015 Data Breach Legislation Six Month Review: Many Proposals, Few Changes

The heat of summer may be upon us, but in Congress and in many state legislatures the attitude toward passing major data breach legislation has considerably cooled. We predicted some months ago that 2015 might be the...more

Technology in Healthcare

From the 2015 PLUS Medical PL Symposium session “Technology in Healthcare: EHRs & PHI,” moderator Patricia Marzella-Graubert (Swiss Re American Holdings Corporation) and panelist Alexander Grijalva (New York Presbyterian...more

Will Your Cyber Insurance Respond When You Need It Most?

On May 7, Columbia Casualty Company, an insurance company, filed one of the first lawsuits by an insurer seeking to deny coverage for a privacy class action under a cyber insurance policy. Why is this significant? As the...more

Health Update - February 2015

Cyber Risk Insurance Policies: What You Need to Know - Editor’s Note: As data breach incidents and related cyber risks continue to increase and gain publicity—and government agencies become more actively involved in...more

Business Associate Compliance With HIPAA: Findings From a Survey of Covered Entities and Business Associates

The delivery of health care – and payment for that care – is a complex endeavor, and health care providers and health plans rely on third parties to help them operate as businesses and fulfill their responsibilities to...more

HIPAA Violation Results in $4.8 Million Settlement: An IT Perspective

by Dickinson Wright on

In today’s healthcare industry, information technology (“IT”) systems play an ever-expanding role in the success of a medical practice. Medical practitioners consistently juggle e-billing and electronic medical records...more

Top 5 takeaways on telemedicine and eHealth

by DLA Piper on

Here are the main legal topics on telemedicine and eHealth discussed during the ETSI eHealth Workshop on telemedicine where I gave a speech on the legal implications of telemedicine. The Workshop was very interesting...more

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