News & Analysis as of

Patient Privacy Rights

K&L Gates Triage: Protecting Patient Information in Bankruptcy Cases

by K&L Gates LLP on

In this episode, Margaret Westbrook discusses privacy issues that may affect health care providers when filing proofs of claim in the bankruptcy court. Given the potential for public access of these records, it is important...more

New Massachusetts Law Increases Patient Privacy for Dependents

by Foley & Lardner LLP on

On March 30, 2018, Massachusetts Governor Charlie Baker signed into law a bill intended to provide individuals with more privacy protection from their health insurance companies. The “Protecting Access to Confidential...more

Rules on confidentiality of substance use disorder patient records recently changed

by Bricker & Eckler LLP on

On January 3, 2018, the Substance Abuse and Mental Health Services Administration (SAMHSA) issued a Final Rule which results in changes to the federal regulations governing substance use disorder patient records, or so-called...more

DC Circuit shuts down effort to limit TCPA liability for communicating health information

by Dechert LLP on

The U.S. Court of Appeals for the D.C. Circuit, on March 16, 2018, struck a blow to healthcare industry efforts to exclude certain communications subject to the Health Insurance Portability and Accountability Act (HIPAA) from...more

Minimizing Liability For Business Associate Misconduct

by Holland & Hart LLP on

Healthcare providers, health plans and healthcare clearinghouses (“covered entities”) and business associates are subject to significant penalties for violations of the HIPAA Privacy, Security and Breach Notification Rules....more

Doctor pleads guilty to providing protected health information to drug maker

by Bricker & Eckler LLP on

A pediatric cardiologist from Georgia has pled guilty to wrongfully disclosing the protected health information of hundreds of his patients to an Aegerion Pharmaceuticals Inc. sales representative and executive looking to...more

Privacy & Cybersecurity Update - February 2018

In this month's edition of our Privacy & Cybersecurity Update, we examine the Identity Theft Research Center's findings on data breaches in 2017, the U.S. Supreme Court's denial of certiorari that leaves in place the circuit...more

Defence + Indemnity: February 2018 - II. LIABILITY ISSUES B.

by Field Law on

II. LIABILITY ISSUES - B. Where a hospital employee leaked the fact that the Plaintiff patient to family members, she was held liable for the tort of publication of embarrassing facts and damages of $7,500 were awarded for...more

Who Let The Dogs Out? Ensuring Your Therapy Dog Handlers Keep HIPAA Protected Information On A Tight Leash

by SmithAmundsen LLC on

The prevalence of volunteer therapy dog teams in medical settings has continued to rise in recent years, and so have the risks to the entities these teams visit. Particularly, with every therapy dog comes a handler, someone...more

Relaxation of SAMHSA laws intended to align with advances in health care delivery

by Thompson Coburn LLP on

The final rule governing changes to the Substance Abuse and Mental Health Services Administration (SAMHSA) regulations became effective February 2, 2018. What is SAMHSA? The federal SAMHSA regulations (42 CFR Part 2)...more

CMS Weighs in on Texting of Patient Information

Texting by physicians and other health care providers has long been a hot topic due to the privacy and security considerations involved, although HIPAA and state laws have generally been at the center of this discussion....more

SAMHSA Updates Privacy Regulations to Reflect Advancements in Healthcare

by BakerHostetler on

On Jan. 3, 2018, the Substance Abuse and Mental Health Services Administration (SAMHSA) issued its final rule regarding the Confidentiality of Substance Use Disorder Patient Records Part 2. These changes become effective Feb....more

Privacy Update: Texting Patient Information

by Buchalter on

CMS has issued a memorandum clarifying its position on texting and recognizing that the use of texting has become an essential and valuable means of communication between health care team members. The takeaways from the...more

SAMHSA Amends 42 CFR Part 2, Seeking to Better Align the Regulation with Today’s Health Care Delivery System

by Stoel Rives LLP on

In another step towards modernizing the privacy rule designed to protect patient substance abuse records, the Department of Health and Human Services Substance Abuse and Mental Health Services Administration (“SAMHSA”)...more

SAMHSA Final Rule Expands Permitted Disclosures of Substance Use Disorder Information to Subcontractors

The Substance Abuse and Mental Health Services Administration (SAMHSA) has issued a final rule (Rule) updating the Confidentiality of Substance Use Disorder Records, 42 CFR part 2 (Part 2), to expand the circumstances under...more

SAMHSA Finalizes Changes to Rules for Disclosure of Substance Abuse Records to Support Health Care Operations

by Reed Smith on

The Substance Abuse and Mental Health Services Administration (SAMHSA) has issued a final rule addressing the disclosure of substance use disorder patient records that is intended to facilitate health care activities while...more

New SAMHSA Rule: Permissible Part 2 Substance Abuse Disclosures to Subcontractors

by Baker Ober Health Law on

On January 3, 2018, the Substance Abuse and Mental Health Services Administration (SAMHSA) issued a final rule to revise 42 CFR Part 2, the federal regulations governing confidentiality of certain substance abuse patients'...more

Connecticut Recognizes New Cause of Action for Breach of Patient/Physician Confidentiality

by Murtha Cullina on

Based on the decision in a recent Connecticut Supreme Court case, patients may now sue physicians for breaching confidentiality. Previously, Connecticut did not recognize breach of confidentiality as a cause of action. ...more

Connecticut Supreme Court Recognizes New Cause of Action for Patient Privacy Breach

by Shipman & Goodwin LLP on

On January 16, 2018, the Connecticut Supreme Court issued a decision recognizing a common law duty of confidentiality arising from the physician-patient relationship, and the corresponding right of a patient to sue his or her...more

SAMHSA Finalizes Second Round of Changes to Federal Substance Use Disorder Privacy Rule

by Foley & Lardner LLP on

New federal regulations published on January 3, 2018, clarify when lawful holders of substance-use disorder records may use and disclose patient identifying information for payment, health care operations, and audits and...more

SAMHSA Finalizes Additional Changes to the Confidentiality of Substance Use Disorder Patient Records Regulations

by Epstein Becker & Green on

On January 3, 2018, the Substance Abuse and Mental Health Services Administration (“SAMHSA”) published a final rule (“Final Rule”) to further update the Confidentiality of Substance Use Disorder Patient Records regulations...more

Final Rule Clarifies When Substance Abuse Programs Can Disclose Patient Information

by Pepper Hamilton LLP on

A final rule from the Substance Abuse and Mental Health Services Administration establishes requirements for the exchange of patient information between substance abuse treatment programs and their agents and contractors. ...more

Further modernizations to rules on confidentiality of substance use disorder patient records on the way

by Bricker & Eckler LLP on

On January 3, 2018, the Substance Abuse and Mental Health Services Administration (SAMHSA) issued a Final Rule which results in changes to the federal regulations governing substance use disorder patient records, or so-called...more

When is a child not a child for the purpose of access to health records?

by Sands Anderson PC on

Healthcare providers are accustomed to adult involvement in the medical care of most “unemancipated” minors – minors who are not legally independent from their parents. Access to the minor’s records and/or medical information...more

To text or not to text? CMS issues guidance

by Bricker & Eckler LLP on

Over the last few years, health care providers have watched with interest as The Joint Commission wrestled with its stance on texting patient information....more

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