News & Analysis as of

Protected Health Information Data Management

Manatt, Phelps & Phillips, LLP

State Health Data Organizations A Framework

Introduction - State policymakers and regulators are frequently confronted with questions and concerns about the performance of our health care system and find themselves without the necessary information to effectively...more

Locke Lord LLP

HIPAA Data Management Requirements for Electronic Protected Health Information

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While all companies must take measures to safeguard the privacy and integrity of their electronic data, covered entities and their business associates subject to the Health Insurance Portability and Accountability Act of...more

Wyrick Robbins Yates & Ponton LLP

Sense and Sensitivity: Latest FTC Enforcement Actions Continue Focus on Sensitive Health Data

We’ve talked before about the FTC’s focus on consumer health privacy. In cases against BetterHelp and GoodRx, a blog post announcing rules it intends to enforce in the space, and a report summarizing its recent privacy and...more

Quarles & Brady LLP

Substance Abuse Disorder Records (42 CFR Part 2) Final Rule Is Here!

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The U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) and Substance Abuse and Mental Health Services Administration (SAMHSA) released its anticipated Final Rule last week. The Final Rule revises...more

Stinson LLP

First of its Kind Privacy Law Signals Fundamental Shift in Protection of Consumer Health Data

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As more and more states consider consumer privacy laws, the first-of-its kind My Health My Data Act (the Act) could be a harbinger of health and wellness compliance requirements to come. The ramifications of Washington...more

Troutman Pepper

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

Nelson Mullins Riley & Scarborough LLP

EMA Finalizes Guidance on Safeguarding PPD and CCI in Clinical Trial Filings in the European Economic Area (EEA)

The European Medicines Agency (EMA) published Version 1.1 of its “Guidance on how to approach the safeguarding of personal protected data (“PPD”) and commercially confidential information (“CCI”) while using the Clinical...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

Robinson+Cole Data Privacy + Security Insider

NYAG Issues Fine Against Law Firm for Data Breach

New York Attorney General Letitia James announced on March 27, 2023 that she had levied a fine against law firm Heidell, Pittoni, Murphy & Bach LLP for failing to secure personal and health information of clients exposing the...more

Akerman LLP - Health Law Rx

FTC Cracks Down on BetterHelp’s Sharing of Health Information for Advertising

Following its February settlement with GoodRx, the Federal Trade Commission (FTC) has fired another shot across the bow in its ongoing campaign to protect consumers’ digital health information. Earlier this month the FTC...more

Nelson Mullins Riley & Scarborough LLP

Clinical Research and Patient Data Protection are at a Complicated Intersection

The privacy landscape in the United States and much of the world is quickly evolving around the framework of the General Data Protection Regulation (GDPR) within the European Economic Alliance (EEA). Clinical trials involve...more

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #356 – GoodRx Settles with FTC for Sharing Health Information for Advertising

The Federal Trade Commission (FTC) announced on February 1, 2023 that it has settled, for $1.5M, its first enforcement action under its Health Breach Notification Rule against GoodRx Holdings, Inc., a telehealth and...more

Polsinelli

HHS-OCR Guidance for Online Tracking Technologies

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The continued proliferation of tracking technologies has created a landscape of increased exposure for entities serving individuals online. As individuals are increasingly interacting with healthcare services providers...more

Fox Rothschild LLP

OCR Warns Providers About Patient Data Trackers

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Earlier this week, our Fox partner Odia Kagan spoke on HIMSS TV about the risks associated with what may be a “blind spot” in your data privacy compliance efforts: the use of data trackers (such as cookies, tracking pixels,...more

Burr & Forman

Hot Topics in Health Care – July 2022

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AMA Provides a No Surprises Tool-Kit - As most health care providers know by now, the No Surprises Act (NSA) prohibits out-of-network health care providers from balance billing commercially insured patients, in certain...more

Reveal

What Is Data Volume And How To Face Discovery Challenges In Healthcare

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Modern society is awash in data, in a wide range of formats and types. While every industry faces challenges in how to efficiently store and process data, the healthcare industry faces particular challenges with the...more

Wiley Rein LLP

Federal Efforts Introduced to Protect Non-HIPAA Health Data

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Under federal law, much of the health data recorded from wearable devices, health care applications, and health IoT devices is beyond the reach of the Health Insurance Portability and Accountability Act (HIPAA), which...more

Stikeman Elliott LLP

Proposed Data Governance Requirements for Health and Social Services Providers Operating in Québec

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On December 3, 2021, Québec’s Minister of Health and Social Services introduced Bill 19, An Act respecting health and social services and amending various legislative provisions (“Bill 19”). The bill’s four objectives are (i)...more

Adams and Reese LLP

Recent Ruling Potentially Raises the Stakes for SaaS Providers

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Blackbaud Breach - In the early months of 2020, cybercriminals orchestrated a ransomware attack on Blackbaud Inc., a cloud software company headquartered in Charleston, South Carolina that provides data collection and...more

Robinson+Cole Data Privacy + Security Insider

Renown Health Pays $75,000 to Settle Right-of-Access Violation Under HIPAA

Renown Health, P.C. (Renown), a non-profit health system in Nevada, settled with the U.S. Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services in a matter resulting from an enforcement action for...more

Robinson+Cole Data Privacy + Security Insider

OCR Settles Another Right-of-Access Initiative Case

The Office for Civil Rights (OCR) issued a press release on November 12, 2020, announcing that it had settled its eleventh enforcement action in its HIPAA Right-of-Access Initiative. The settlement with Dr. Rajendra Bhayani,...more

Robinson+Cole Data Privacy + Security Insider

Data Breach Regulatory Settlements Update

Regulatory bodies are upping the ante when it comes to settling with companies that have suffered data breaches. In addition to the below settlements, see also the settlement between the OCR and Dignity Health....more

Robinson+Cole Data Privacy + Security Insider

CCPA Amendments Signed by Governor Newsom

Recently we wrote about two amendments to the California Consumer Privacy Act of 2018 (CCPA) that were awaiting signature on Governor Newsom’s desk: AB 1281 – which extends the one-year exemptions for employee information and...more

Wyrick Robbins Yates & Ponton LLP

The California Attorney General's Settlement with Glow: A Wake-Up Call for Consumer Health App Developers

Consumer-directed health apps are experiencing a boom thanks to COVID-19, as consumers seeking to avoid doctors’ office waiting rooms are increasingly relying on apps to measure and maintain their health.  That trend is...more

Bricker Graydon LLP

OCR settles five additional cases in HIPAA Right of Access Initiative

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In 2019, the Department of Health and Human Services Office of Civil Rights (OCR) announced the Right of Access Initiative, promising to vigorously enforce the rights of patients to receive copies of their medical records...more

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