News & Analysis as of

Personally Identifiable Information Health Care Providers

ArentFox Schiff

Federal Court Scales Back HIPAA Online Tracking Technology Guidance

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On June 20, a federal district court in Texas ruled that the US Department of Health and Human Services (HHS) Office for Civil Rights (OCR) exceeded its authority under the Health Insurance Portability and Accountability Act...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

Ballard Spahr LLP

2024 HIPAA Developments

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Over the course of the past few months, the Office of Civil Rights (OCR) and the Office of the National Coordinator for Health Information Technology (ONC), both of which are divisions of the U.S. Department of Health and...more

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

Nelson Hardiman, LLP

Cracking the Whip: The FTC’s Clampdown on Healthcare Marketing

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The American reverence for entrepreneurial spirit and free enterprise is reflected in the profound influence of capitalism on our healthcare system. In contrast to many other advanced industrialized countries with state-run...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

Seyfarth Shaw LLP

Wellness Apps and Privacy

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Employers looking to enhance their suite of employee benefit programs, and focused on lessons learned during the pandemic on wellbeing, are interested in providing greater access to wellness tools. And, the vendors who...more

Troutman Pepper

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

Troutman Pepper on

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

Ballard Spahr LLP

HIPAA Breach Notifications – A Question of Timing

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You are the HIPAA privacy official of a hospital or health plan (a covered entity under HIPAA). You receive an email from a vendor that handles protected health information (a business associate), informing you that one month...more

Health Care Compliance Association (HCCA)

Privacy Briefs: December 2023

Report on Patient Privacy 23, no. 12  (December, 2023) Northwell Health in New York and Cook County Health in Chicago each experienced impacts from a breach at Nevada-based transcription company Perry Johnson & Associates...more

McDermott Will & Emery

Illinois Supreme Court: Finger-Scan Information Collected by Healthcare Providers to Access Medications Is Exempt From BIPA...

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On November 30, 2023, the Illinois Supreme Court unanimously held in Mosby et al. v. The Ingalls Memorial Hospital et al. that when biometrics of healthcare employees are collected in the course of providing medical services,...more

Health Care Compliance Association (HCCA)

Privacy Briefs: November 2023

Report on Patient Privacy 23, no. 11 (November, 2023) The American Hospital Association (AHA) is urging federal lawmakers to intervene with the HHS Office for Civil Rights (OCR) so that hospitals and health systems can...more

Marshall Dennehey

New Jersey Courts Address Plaintiffs’ Demands to Inspect Electronic Medical Records – Appellate Division Sides with Plaintiffs...

Marshall Dennehey on

Estate of Lasiw by Lasiw v. Periera, 475 N.J. Super. 378 (2023) - Plaintiffs have increasingly demanded to gain access to the Electronic Medical Records (EMR) of health care providers/facilities, citing Rule 4:18-1, and Rule...more

Wilson Sonsini Goodrich & Rosati

OCR and FTC Issue Joint Letter to Healthcare Companies Warning About Online Tracking Technologies

On July 20, 2023, the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR) and the Federal Trade Commission (FTC) sent a joint letter to approximately 130 hospitals, telehealth providers, health...more

Console and Associates, P.C.

Mount Desert Island Hospital Notifies 24,180 of Data Breach Involving Leaked Social Security Numbers

On June 30, 2023, Mount Desert Island Hospital (“MDIH”) filed a notice of data breach with the U.S. Department of Health and Human Services Office for Civil Rights after discovering that an unauthorized party had gained...more

McDermott Will & Emery

[Webinar] Navigating State Privacy Law Applicability for Healthcare and Financial Services Organizations - June 22nd, 12:00 pm -...

Join Elliot Golding, Daniel Gottlieb and Amy Pimentel for a deep dive into how the new state privacy laws impact the healthcare and financial services industries....more

Orrick, Herrington & Sutcliffe LLP

FTC proposes changes to Health Breach Notification Rule

On May 18, the FTC issued a notice of proposed rulemaking (NPRM) and request for public comment on changes to its Health Breach Notification Rule (Rule), following a notice issued last September (covered by InfoBytes here)...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

Health Care Compliance Association (HCCA)

Privacy Briefs: April 2023

Personal information from federal lawmakers and congressional staff members was available on the dark web following a breach of DC Health Link, the health insurance marketplace for Washington, D.C. In an internal memo sent to...more

Husch Blackwell LLP

Analyzing the Washington State My Health My Data Act

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Keypoint: In the aftermath of the Supreme Court’s Dobbs decision, Washington legislators introduced legislation to enhance privacy protections for consumer health data. In early March, lawmakers in Washington state’s House...more

Health Care Compliance Association (HCCA)

Are Your Workers Data Protectors or Stewards? For Best Results, Organizations Should Foster Both

In some respects, assuring compliance with HIPAA has always been a challenge because many health care providers, particularly physicians, pride themselves on maintaining patient confidentiality—even when they aren’t. Nurses,...more

Wilson Sonsini Goodrich & Rosati

FTC Announces Settlement with BetterHelp for Disclosing Consumers’ Health Information to Third-Party Advertisers

On March 2, 2023, the Federal Trade Commission (FTC) announced a proposed settlement agreement (also referred to as “proposed consent order”) with BetterHelp, Inc., an online counseling service, for allegedly disclosing its...more

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 23, Number 1. Privacy Briefs: January 2023

Report on Patient Privacy Volume 23, no 1 (January 2023) The Centers for Medicare & Medicaid Services (CMS) said a data breach at a Medicare subcontractor impacted the personally identifiable information and protected...more

Jackson Lewis P.C.

2023 New Year’s Resolution: Don’t Get “Whacked” By A State AG for Cybersecurity Compliance

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It usually happens after a reported data breach. The organization experiencing the breach sends notifications to affected individuals, as well as federal and or state agencies where appropriate and perhaps other parties. Not...more

McDermott Will & Emery

10 Things Providers Should Know About California’s Data Exchange Framework

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By January 31, 2023, general acute care hospitals, clinical labs and certain physician organizations and medical groups in California are required to enter into the Single Data Sharing Agreement (DSA) to participate in the...more

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