News & Analysis as of

Personally Identifiable Information Data Protection Protected Health Information

WilmerHale

Virginia Amends Consumer Protection Act to Protect Reproductive and Sexual Health Information

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On March 24, Virginia Governor Glenn Youngkin signed SB 754 into law. SB 754, which will take effect on July 1, 2025, amends the Virginia Consumer Protection Act (VCPA) to prohibit certain entities from, in connection with a...more

Jones Day

New York Imposes Stringent Cybersecurity and Cyber Incident Reporting Obligations on Hospitals

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New York recently passed new cybersecurity regulations for hospitals licensed in New York to enhance patient safety and cybersecurity....more

Epstein Becker & Green

Upcoming Consumer Privacy Laws: What Organizations Must Know for 2024 and 2025

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Over the past several years, the number of states with comprehensive consumer data privacy laws has increased exponentially from just a handful—California, Colorado, Virginia, Connecticut, and Utah—to up to twenty by some...more

Ballard Spahr LLP

The FTC's Revised Health Breach Notification Rule Is Now in Effect

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The Federal Trade Commission (FTC) continues to enforce and update its Health Breach Notification Rule (HBNR) amidst a fast-changing regulatory environment. A new rule, which took effect this week, expands the scope of the...more

Seyfarth Shaw LLP

Keeping with the Times - FTC Expands Scope of Health Breach Notification Rule, Even as HHS Announces Its Own HIPAA Update

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On April 26, 2024, the Federal Trade Commission (“FTC”) announced it had finalized changes to modernize the Health Breach Notification Rule (the “HBNR”) by clarifying its applicability to health and wellness apps and other...more

Troutman Pepper Locke

Final Rule Aligns 42 CFR Part 2 with HIPAA and HITECH

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On February 8, 2024, the Department of Health and Human Services (HHS) posted a final rule that aims to align 42 CFR Part 2 (Part 2) — which protects certain substance abuse disorder (SUD) records — with the Health Insurance...more

Troutman Pepper Locke

New California Law Imposes Significant Data Management Requirements for Sensitive Health Data

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On January 1, California's Assembly Bill No. 352 (AB 352) went into effect, introducing significant changes to the handling and sharing of sensitive health information — particularly information related to reproductive health...more

Troutman Pepper Locke

Your Organization Has Suffered a Data Incident: Now Here Are the Regulators It Will Likely Encounter

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Government regulators are seemingly as numerous as the stars nowadays, especially in the universe of data incidents. When organizations experience a data incident, they will need to quickly assess what happened, why it...more

BakerHostetler

DSIR Deeper Dive: Plaintiffs’ Attorneys Are Trying to Assert a New Cause of Action Against Universities Based on an Old Law...

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As set forth in BakerHostetler’s 2023 Data Security Incident Report, privacy litigation is on the rise. Indeed, 2023 saw a nearly 100 percent increase from 2022 in the number of lawsuits filed in connection with data security...more

Foley & Lardner LLP

Changing Landscape: Federal and State Regulators Focus on Protecting Consumer Health Data

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Recent developments at the federal and state level demonstrate that regulators are focused on protecting consumer health data. Specifically, state and federal regulators want to close the gap between HIPAA-protected data and...more

Console and Associates, P.C.

ARx Patient Solutions Files Notice of Data Breach Affecting 41,116 Individuals Following Compromised Email Account

On June 30, 2023, ARx Patient Solutions filed a notice of data breach with the Attorney General of Maine after discovering that an employee’s M365 email account was accessed by an unauthorized party. In this notice, ARx...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

Wyrick Robbins Yates & Ponton LLP

My Health, My Data, My Class Action Lawsuit: Why the Washington My Health My Data Act Deserves EVERY Company’s Attention

To say there’s been a lot of new privacy law in the last decade is an understatement. For those of us who think we’ve “seen it all,” many of these new laws arrive and elicit a sense of challenge (for the optimists) or mild...more

J.S. Held

Data Privacy in 2023: Expectations, Responsibilities & Cyber Security Tactics to Safeguard Your Information

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INTRODUCTION - As more of our lives and work become digitized, an inherent overlap continues to grow between data privacy and cyber security programs. Think of two similarly sized circles: in the past, data privacy and cyber...more

Association of Certified E-Discovery...

[Webinar] Data Breach Review: Best Practices and Top Technology Considerations - December 2nd, 1:00 pm - 2:00 pm EST

There’s no denying that data breaches are a major concern for organizations of all sizes, 2021 saw 1,860 data breaches occur (a record high), and 81% of those involved sensitive information like social security numbers and...more

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 22, Number 6. Privacy Briefs: June 2022

Report on Patient Privacy 22, no. 6 (June, 2022) - A report from the HHS Health Sector Cybersecurity Coordination Center (HC3) found that in early 2022, ransomware groups increasingly turned to legitimate software during...more

Reveal

Healthcare Organizations Continue to Be Under (Cyber) Attack

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Are the moles winning? A few months ago, I wrote how the job of protecting protected health information (PHI) regulated by the Health Insurance Portability and Accountability Act (HIPAA) is becoming more like a game of...more

Health Care Compliance Association (HCCA)

Hybrid Workforces and Compliance with Sheila Limmroth

Hybrid work is likely here to say, and, as Sheila Limmroth, privacy specialist at DCH Health System, and the author of the chapter Hybrid Work Environment in the Complete Healthcare Compliance Manual observes in this...more

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 22, Number 4. Privacy Briefs: April 2022

Report on Patient Privacy 22, no. 4 (April, 2022) - Dallas-based JDC Healthcare Management, which runs more than 70 dental and orthodontics practices in Texas, is notifying more than 1 million individuals about a breach...more

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 22, Number 3. Privacy Briefs: March 2022

Report on Patient Privacy 22, no. 3 (March, 2022) - HHS said in early March that it was not aware of any specific threat to U.S. health care organizations stemming from the Russian invasion of Ukraine. “However, in the...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 22, Number 2. Privacy Briefs: February 2022

Report on Patient Privacy 22, no. 2 (February, 2022) - Tensions between the U.S. and Russia could lead to a heightened risk of Russian state-sponsored cyberattacks on U.S. interests, including health care organizations,...more

Wyrick Robbins Yates & Ponton LLP

App-etite for Notification: FTC Says “Welcome to the Jungle” to Mobile Health App Developers in Policy Statement on Health Breach...

Last week’s news that the Federal Trade Commission is taking steps to begin rulemaking on consumer privacy and artificial intelligence drew plenty of attention from privacy professionals, and suggests 2022 could be an...more

Burr & Forman

Cybersecurity & Data Privacy E-Note - December 2021

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Please see full Infographic for more information....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

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