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Protected Health Information Electronic Protected Health Information (ePHI) Healthcare

Alston & Bird

New York Passes Health Privacy Law – Your Questions Answered

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The New York State legislature passed the Health Information Privacy Act (“NYHIPA”) on January 22, 2025, marking the second state to introduce a comprehensive consumer health data law. If passed, the NYHIPA imposes more...more

Quarles & Brady LLP

Trump Administration Rescinds HHS Guidance on Privacy of Gender Affirming Care Data

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On February 20, 2025, the U.S. Department of Health and Human Services (“HHS”) took action pursuant to President Trump’s Executive Order 14187 (“EO 14187”), which is aimed at ending gender affirming care for minors. EO 14187...more

Epstein Becker & Green

Proposed Modernization of the HIPAA Security Rules

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The HIPAA Security Rule was originally promulgated over 20 years ago. While it historically provided an important regulatory floor for securing electronic protected health information, the Security Rule’s lack of...more

Troutman Pepper Locke

HIPAA Security Rule Revamp Is on the Horizon

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On January 6, the Department of Health and Human Services (HHS) Office for Civil Rights (OCR) published significant proposed amendments (proposed rule) to the Security Rule under the Health Insurance Portability and...more

Shook, Hardy & Bacon L.L.P.

OCR Delivers A Year-End Surprise: A Draft Update of HIPAA's Security Rule

The U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) delivered a late-December surprise: a draft overhaul of the Health Insurance Portability and Accountability Act of 1996’s (HIPAA) Security Rule....more

Quarles & Brady LLP

Fresh From the Oven: OCR-HHS Issues a Notice of Proposed Rulemaking for the HIPAA Security Rule

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‘Tis the season for holiday baking and the elves at the U.S. Department of Health and Human Services (HHS), through its Office for Civil Rights (OCR), have been diligently crafting their own holiday treat. On December 27,...more

Vorys, Sater, Seymour and Pease LLP

Texas Court Enjoins Enforcement of HIPAA Final Privacy Rule Against Individual Doctor and Clinic

On December 22, the day before the 2024 Final HIPAA Privacy Rule (2024 Rule) was set to go into effect, a federal district court in Texas enjoined enforcement of the 2024 Rule against Dr. Carmen Purl and Dr. Purl’s Fast Care...more

Quarles & Brady LLP

Compliance Eve Ends with HIPAA Reproductive Health Privacy Rule Order out of Texas: But is it a Gift or Lump of Coal for Regulated...

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December 23, 2024, was the compliance deadline for HIPAA covered entities and business associates to apply the protections of the HIPAA Privacy Rule to support Reproductive Health Care Privacy Final Rule—that is all covered...more

Arnall Golden Gregory LLP

OCR Announces Risk Analysis Initiative

The U.S. Department of Health and Human Services, Office for Civil Rights (“OCR”), which enforces HIPAA, recently announced a new enforcement initiative, the Risk Analysis Initiative, in conjunction with OCR’s seventh...more

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

The Health Sector Cybersecurity Coordination Center’s September 19 Threat Briefing on Healthcare Technology Security

As healthcare technology continues to evolve, so does the need for robust compliance strategies to safeguard patient information and ensure the integrity of medical devices. In a joint September 19, 2024 presentation, the...more

Dentons

Ep. 29 – Do I need a HIPAA business associate agreement?

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One of the fundamental compliance requirements for healthcare providers is protecting the confidentiality and security of the patient health information you maintain. Most healthcare providers are subject to a federal law...more

Dentons

Ep. 27 – Minimizing Compliance Risks Posed by Electronic Medical Records

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One of the biggest changes in healthcare over the past 15 years has been the move to electronic medical records. In 2009, only 12% of hospitals and 22% of physician practices utilized a certified electronic health record. As...more

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

Massachusetts Attorney General Announces Breach Resources for Consumers Impacted by Change Healthcare Breach

The Massachusetts Attorney General’s Office (AGO) issued an announcement last week to inform consumers who may have had their personal information breached in Change Healthcare’s cyberattack this past February. The AGO was...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

Cozen O'Connor

Indiana AG Sues Apria Healthcare for Data Breach(ing HIPAA Duties)

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Indiana AG Todd Rokita sued home healthcare equipment and services provider Apria Healthcare, LLC for allegedly failing to investigate and inform consumers regarding data breaches beginning in 2019 in violation of state data...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

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

Seyfarth Shaw LLP

Top 5 Reasons to Remember Your Business Associate Agreements This Fall

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As organizations begin renewing and entering into new contractual relationships for 2024, an oft-forgotten aspect of the contracting process is determining whether a Business Associate Agreement (a “BAA”) is required. Under...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

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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

Quarles & Brady LLP

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

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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

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

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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

Health Care Compliance Association (HCCA)

Five Years After ‘a Singular Human Error,’ Two Breach Notices, Revenue Firm Settles With OCR

Five Years After ‘a Singular Human Error,’ Two Breach Notices, Revenue Firm Settles With OCR - As far as settlements for alleged HIPAA violations go, a recent agreement announced by the HHS Office for Civil Rights (OCR)...more

Dinsmore & Shohl LLP

Settlement Reached After 200,000 Affected by HIPAA Breach

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On May 16, 2023, the U.S. Department of Health and Human Services’ Office for Civil Rights (“OCR”) announced a $350,000 settlement with MedEvolve, Inc., a practice and revenue cycle management and practice analytics software...more

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