News & Analysis as of

Medical Records Personally Identifiable Information Health Insurance Portability and Accountability Act (HIPAA)

Akerman LLP

FTC’s Updated Health Breach Notification Rule Puts Health App Developers on Notice

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The Federal Trade Commission’s (FTC) years-long effort to modernize its Health Breach Notification Rule (HBNR) in the midst of a swiftly changing technological landscape appears to be coming to an end. On Thursday, May 30,...more

Whiteford

Client Alert: What You Need to Know About the FTC’s Changes to the Health Breach Notification Rule and How to Comply

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The Federal Trade Commission (FTC) issued a final rule to amend its Health Breach Notification Rule (HBN Rule). The HBN Rule requires certain entities that handle unsecured personally identifiable health data to notify...more

Health Care Compliance Association (HCCA)

Privacy Briefs: April 2024

The Cybersecurity and Infrastructure Agency (CISA) is seeking comment on a proposed rule to implement reporting requirements for critical infrastructure entities, including health care entities, on cyberattacks and ransomware...more

Sheppard Mullin Richter & Hampton LLP

FTC Looks to Update Health Breach Notification Rule, Targeting Digital Health Industry

The FTC recently proposed amendments to the Health Breach Notification Rule (HBNR). This is on trend with its aggressive interest over the last couple of years in health data not covered by HIPAA....more

Health Care Compliance Association (HCCA)

Report on Medicare Compliance Volume 31, Number 43. Proposed Part 2 Rule Brings It Closer to HIPAA, Including Enforcement,...

A proposed HHS regulation on the Confidentiality of Substance Use Disorder (SUD) Patient Records under 42 C.F.R. Part 2 would bring it further in line with HIPAA, which is somewhat of a double-edged sword, attorneys say....more

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 22, Number 10. Privacy Briefs: October 2022

Report on Patient Privacy 22, no. 10 (October, 2022) - Thirty Democratic senators led by Sen. Patty Murray, D-Wash., have called on HHS to strengthen federal privacy protections under HIPAA to broadly restrict providers...more

Reveal

Protecting Healthcare Records These Days is Like a Game of “Whac-a-Mole”

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You’ve probably either played the game “Whac-a-Mole” yourself as a kid, or you watched your kid play it, at a Chuck E. Cheese or another similar arcade. It’s a simple game with five holes in which moles pop up and a soft...more

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 21, Number 12. Privacy Briefs: December 2021

Report on Patient Privacy 21, no. 12 (December, 2021) - Huntington Hospital in New York has sent notices to approximately 13,000 patients about an incident that happened in late 2018 and early 2019 involving a night shift...more

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 21, Number 10. Privacy Briefs: October 2021

Report on Patient Privacy 21, no. 10 (October, 2021) - A massive data breach at University of New Mexico (UNM) Health may have allowed a third party to obtain medical records from more than 600,000 patients—more than a...more

Epstein Becker & Green

A Guide to Practical, Regulatory, and Reputational Risk Management

Ransomware Particularly Inflicts Health Care and Life Sciences Organizations - Ransomware is a malicious cyber threat vector that employs encryption malware to prevent users from accessing their systems and data unless...more

Wiley Rein LLP

Safeguarding Health Information in the Apps Ecosystem: A Reminder from the California AG

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California Attorney General Xavier Becerra charged Glow, Inc. (Glow), a fertility health app, with privacy and basic security failures that allegedly put women’s “deeply-sensitive” personal and medical information at risk....more

Davis Wright Tremaine LLP

Healthcare Systems Remain an Attractive Target for Ransomware Attacks

Users of Universal Health Services (UHS), one of the largest healthcare systems in the country, recently lost access to electronic medical records when UHS suffered a ransomware attack and took its systems offline to...more

Davis Wright Tremaine LLP

Update From LitLand: Dinerstein Decision Shows That Overcoming Standing in Privacy Cases Does Not Necessarily Create a Path to...

LitLand is a monthly feature that reviews developments in litigation as they relate to privacy matters and highlight any past, current, and future cases about which you should know....more

Brooks Pierce

Office for Civil Rights Settles Five Investigations in HIPAA Right of Access Initiative: Don’t Give Your Patients Any Reason to...

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Recent enforcement actions by the Office for Civil Rights (OCR) underscore the importance of providing patients with copies of their protected health information (PHI) as required by HIPAA. Failure to provide access exposes...more

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 20, Number 8. Privacy Briefs: August 2020

Report on Patient Privacy 20, no. 8 (August 2020)  -  HHS changed its tone on care coordination and case management in the final Confidentiality of Substance Use Disorder Patient Records regulation (42 C.F.R. § 2), known...more

Polsinelli

Entities of All Types Should Consider Commenting on the FTC’s Health Breach Notification Rule by August 20, 2020

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On May 22, 2020, the Federal Trade Commission (the “FTC”) published its decennial request for public comment (the “RFC”) on the FTC’s Health Breach Notification Rule (the “HBN Rule”)....more

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 20, Number 6. Privacy Briefs: June 2020

Report on Patient Privacy 20, no. 6 (June 2020): A divided Indiana Court of Appeals has reinstated a patient’s claim that a hospital is vicariously liable for the actions of a medical assistant who accessed the patient’s...more

Health Care Compliance Association (HCCA)

Updated joint guidance on privacy and student education and health records

Compliance Today (February 2020) - On December 19, the U.S. Department of Education and the Office for Civil Rights at the U.S. Department of Health and Human Services announced the release of the “updated joint guidance...more

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - February 2020

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Researchers at Sentinel One and Dragos have detected malicious code, called EKANS or Snake, that has been designed specifically to target industrial control systems (ICS), including those of oil refineries, manufacturing...more

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - September 2019

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The Wolcott school system in Wolcott, Connecticut has been recovering for four months from a ransomware attack that hit its system at the end of the school year. Last week, it was hit with a second attack. According to...more

Goulston & Storrs PC

Health Care, Financial, and Educational Records Protections for Your College Student

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August is approaching and some of you may be preparing to send children off to college or back to college. If your child is age 18 or older, you can take some simple steps to improve your access to your child’s medical...more

Bass, Berry & Sims PLC

Latest HIPAA Compliance & Enforcement Trends

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Enforcement activity by the Department of Health and Human Services’ (HHS) Office for Civil Rights (OCR) showed no signs of slowing throughout 2018 and has already picked up speed in 2019. More recent and significant actions...more

Foley & Lardner LLP

Austin's Blockchain For The Homeless Faces Challenges

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Homeless and transitory populations across the country face numerous challenges attempting to find health care, mental health resources and other government services. As a population without access to stable residences,...more

Womble Bond Dickinson

Are Non-Covered Activities And Programs At Your Campus/Institution Leaving You Overly Vulnerable to HIPAA? A “Hybrid” Designation...

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Executive Summary: If an institution doesn’t designate which functions are and are not covered by HIPAA, the assumption is that all activities fall under the HIPAA compliance umbrella. Recent federal actions against...more

Akin Gump Strauss Hauer & Feld LLP

The Significance to Businesses of the California Legislature’s Last-Minute Revisions to the 2018 California Consumer Privacy Act

• The California Legislature passed SB 1121 to revise certain sections of the CCPA – the nation’s strictest privacy protection statute which provides Californians with a right to learn what personal information certain...more

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