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Protected Health Information Data Protection Healthcare

Carlton Fields

4 Tips for Health Tech Apps After the FTC’s Revised Breach Notification Rule

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On April 26, the Federal Trade Commission announced its final rule updating the health breach notification rule. According to the FTC, the update seeks to “clarify” the scope of the rule by adding new definitions and revising...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

Foley Hoag LLP - Security, Privacy and the...

FTC's Updated Health Data Breach Rule Covers Apps, Other New Tech

The FTC has updated its HBNR to clarify that the rule also restricts marketing practices involving personal health information. This update to the HBNR was announced on April 26, 2024, and follows several recent enforcement...more

Troutman Pepper

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

Stinson LLP

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

Stinson LLP on

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

Quarles & Brady LLP

Never Say Never Again: HHS Signals the Return of HIPAA Audit Program

Quarles & Brady LLP on

On February 12, 2024, the U.S. Department of Health and Human Services (“HHS”) published a notice in the Federal Register regarding reinstatement of the Health Information Portability and Accountability Act of 1996 (“HIPAA”)...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

Health Care Compliance Association (HCCA)

Privacy Briefs: January 2024

New York has released proposed cybersecurity regulations for hospitals. The regulations, which were published in The State Register on Dec. 6 and will undergo a 60-day public comment period ending on Feb. 5, are designed to...more

Epstein Becker & Green

New York Aims to Bolster Hospital Cybersecurity with Imminent Release of Proposed Regulations

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New York Governor, Kathy Hochul, recently announced proposed cybersecurity rules for New York hospitals, which are due to be imminently published in the State Register on December 6, 2023, subject to approval by the Public...more

Robinson+Cole Data Privacy + Security Insider

New York Governor Proposes Cybersecurity Regulations for NY Hospitals

On November 13, 2023, Governor Kathy Hochul released proposed cybersecurity regulations applicable to all hospitals located within the state of New York. The Governor has included $500 million in grant funding in her FY24...more

Quarles & Brady LLP

Diving into the Washington My Health My Data Act Part Twelve : Washington Attorney General Guidance

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This is Part Twelve, the final installment of our series of legal updates on the Washington My Health My Data Act (“WMHMDA”). We are thrilled that you came along as we dove into the intricacies of WMHMDA that are creating...more

Bodman

Legal Restrictions on Health Information – Beyond HIPAA

Bodman on

Appropriately so, providers look first to the Health Insurance Portability and Accountability Act of 1996, as amended (HIPAA), to ensure that they comply with regulations regarding patients’ protected health information...more

Amundsen Davis LLC

“Pixels” and “Cookies,” Charming Terms for Tracking Technology, Can Lead to Ugly Data Privacy Headaches

Amundsen Davis LLC on

Companies in all industries and of all sizes are evaluating sophisticated and useful technology for their websites and applica- tions (their “apps”) in an effort to enhance and develop their image or brand and to support...more

Quarles & Brady LLP

Diving into the Washington My Health My Data Act - Part Eleven: HIPAA vs. WMHMDA (for table lovers)

Quarles & Brady LLP on

This is Part Eleven in a series of legal updates on the Washington My Health My Data (“WMHMDA”), where Quarles continues its deep dive into the various factors and intricacies of WMHMDA that are creating waves in the privacy...more

Bradley Arant Boult Cummings LLP

The Imperative of Cyber Preparedness: The Power of Tabletop Exercises

In an age where digital connectivity is rapidly advancing, cybersecurity has become an inescapable concern for organizations across industries. With cyber threats ranging from data breaches to ransomware attacks, it is...more

Nossaman LLP

Proposed Changes to the Health Breach Notification Rule

Nossaman LLP on

On May 18, 2023 the Federal Trade Commission (FTC) released a Notice for Proposed Rule Making (NPRM) for updates to the Health Breach Notification Rule, 16 C.F.R. Part 318 (the Rule). The Rule serves to ensure entities that...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

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

Epstein Becker & Green

FTC Highlights Risks to Data in a Post-Dobbs World

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The 21st Century digital age has provided women with numerous sexual and reproductive health tools that track periods, ovulation, and pregnancy. By simply plugging certain health data inputs into these apps, women can now...more

Nelson Mullins Riley & Scarborough LLP

FTC Proposes to Vastly Expand the Health Breach Notification Rule

The Federal Trade Commission (FTC) recently proposed changes to the Health Breach Notification Rule (Rule), enacted in 2009, to clarify that the Rule applies directly to an estimated 170,000 health and wellness mobile...more

Polsinelli

Florida Imposes a Ban on Offshoring Storage of Medical Information

Polsinelli on

On May 8, 2023, Governor DeSantis signed Bill CS/CS/SB 264 amending the Florida Electronic Health Records Exchange Act. Effective July 1, 2023, this new law will require that the offsite storage of certain personal medical...more

Robinson+Cole Data Privacy + Security Insider

MedEvolve OCR Settlement for $350,000 due to Alleged Failures to Protect Data

On May 17, 2023, the U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) announced a settlement with MedEvolve, Inc. for $350,000. MedEvolve provides practice and revenue cycle management and practice...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

Litigation Surge From the Use of Tracking Technology & the Sharing of Healthcare and Personal Data

J.S. Held on

Introduction: Tracking Software in the Healthcare Industry - Privacy-related concerns have become increasingly prominent in recent years, especially with the widespread use of third-party tracking tools such as tracking...more

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