News & Analysis as of

Protected Health Information Public Health

Chambliss, Bahner & Stophel, P.C.

OCR Finalizes Post-Dobbs HIPAA Regulatory Changes Impacting Health Care Organizations

On April 22, 2024, the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services announced final regulatory updates to the Privacy Rule under the Health Insurance Portability and Accountability Act of...more

Troutman Pepper

Great Expectations: HIPAA-Regulated Entities Asked to Know Users' Intent on Unauthenticated Webpages

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On March 18, the Department of Health and Human Services (HHS) Office for Civil Rights (OCR) issued an updated bulletin to "increase clarity for regulated entities and the public" with respect to the use of online tracking...more

BakerHostetler

The Long-Awaited Part 2 Modifications Are Finalized with New Obligations for Part 2 Providers and Less Friction for Sharing...

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On February 8, 2024, the U.S. Department of Health & Human Services (HHS) released a final rule modifying 42 CFR Part 2 (Part 2) provisions regarding the confidentiality of Substance Use Disorder (SUD) Patient Records. The...more

Mintz - Health Care Viewpoints

New York State Prepares to Regulate Hospital Cybersecurity Programs

On November 13, 2023, Governor Kathy Hochul announced plans to regulate cybersecurity for New York general hospitals regulated under Article 28 of the Public Health Law. As proposed, the regulations will provide an additional...more

Holland & Hart LLP

HIPAA and Subpoenas, Orders, and Administrative Demands

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The HIPAA privacy rules (45 CFR § 164.501 et seq.) generally prohibit healthcare providers and their business associates from disclosing protected health information in response to subpoenas and other government demands...more

Latham & Watkins LLP

The European Health Data Space - Panacea or Poison Pill?

Latham & Watkins LLP on

On 3 May 2022, the European Commission launched its proposal for a Regulation for the European Health Data Space to “unleash the full potential of health data”. However, questions arise as to whether this proposal is a...more

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 22, Number 9. Privacy Briefs: September 2022

Report on Patient Privacy 22, no. 9 (September, 2022) - More than 92% of patients believe privacy is a right and their health data should not be available for purchase, according to a survey from the American Medical...more

Rivkin Radler LLP

HHS Issues Guidance on Provider Use of Audio-Only Telehealth

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On June 13, the U.S. Department of Health and Human Services (HHS) issued guidance to explain how audio-only telehealth can comply with HIPAA, while also emphasizing that this mode of telehealth services can expand healthcare...more

Manatt, Phelps & Phillips, LLP

[Webinar] Ten Health Care Imperatives for the 2020s: Navigating Through the Surges - May 24th, 12:00 pm - 1:00 pm ET

In January 2021, Manatt Health described the ten health care imperatives essential for improving our health care system and advancing health equity in the 2020s. Now two years into the decade, we have released our 2022...more

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 20, Number 6. Privacy Briefs: June 2020

Report on Patient Privacy 20, no. 6 (June 2020): A divided Indiana Court of Appeals has reinstated a patient’s claim that a hospital is vicariously liable for the actions of a medical assistant who accessed the patient’s...more

King & Spalding

HIPAA Enforcement Discretion During the COVID-19 Public Health Emergency

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Over the last two months, the U.S. Department of Health and Human Services (“HHS”) published guidance regarding the enforcement of HIPAA and its privacy and security requirements in response to the COVID-19 public health...more

Health Care Compliance Association (HCCA)

OCR: CEs May Offer COVID-19 Patient 'List' to First Responders

Report on Patient Privacy 20, no. 4 (April 2020) In new guidance, the HHS Office for Civil Rights (OCR) has authorized hospitals and other covered entities (CEs) that may be faced with demands from first responders and law...more

Akin Gump Strauss Hauer & Feld LLP

HHS OCR to Exercise Enforcement Discretion to Allow Business Associates to Share PHI for Public Health and Health Oversight...

On April 2, 2020, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced that the agency will exercise enforcement discretion with respect to certain uses and disclosures of protected...more

McAfee & Taft

HIPAA compliance and the COVID-19 pandemic

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In light of the COVID-19 outbreak, the Secretary of the U.S. Department of Health and Human Services (HHS) waived certain provisions of the HIPAA Privacy Rule. The Secretary waived sanctions and penalties arising from a...more

Seyfarth Shaw LLP

HIPAA Update - OCR Enforcement Discretion to Allow Business Associates to Disclose PHI for Public Health Activities and Health...

Seyfarth Shaw LLP on

On Thursday, April 2, 2020, the Office for Civil Rights (“OCR”) issued a Notification of Enforcement Discretion under the Health Insurance Portability and Accountability Act (“HIPAA”)....more

Katten Muchin Rosenman LLP

The CARES Act From a Health CARE Perspective

On March 27, President Trump signed into law the Coronavirus Aid, Relief, and Economic Security Act (the CARES Act or the Act). This $2.2 trillion package is designed to provide relief to those impacted by the COVID-19...more

Sheppard Mullin Richter & Hampton LLP

Strategies in Responding to COVID-19: Expanding Scope of Practice to Increase Patient Access to Healthcare

As the COVID-19 pandemic continues and our health system is pushed to and beyond capacity, lawmakers and stakeholders are assessing different ways to handle the incredible volume of patients suddenly needing care. One...more

Akin Gump Strauss Hauer & Feld LLP

Privacy Versus Pandemic: Health Privacy Considerations in Response to COVID-19

As COVID-19 continues to spread, health care providers, health plans and employers are facing difficult privacy questions as they attempt to balance privacy concerns against the need to protect patients, employees and...more

Husch Blackwell LLP

OCR Issues Guidance Related To Disclosures To Law Enforcement, Paramedics, Other First Responders And Public Health Authorities...

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On March 17, 2020, the Department of Health and Human Services, Office of Civil Rights (OCR) issued guidance related to how Covered Entities can comply with HIPAA and the Privacy Rule and still disclose protected health...more

Fox Rothschild LLP

Czech Republic Data Protection Authority Provides COVID-19 Data Processing Guidance

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The Czech Republic’s Data Protection Authority, Urad pro Ochranu Osobnich Udaju, provides its guidance on GDPR and COVID-19: •Public health authorities are authorized to process personal data to the extent and for the...more

Shook, Hardy & Bacon L.L.P.

COVID-19 Client Primer

Cybersecurity and Health Information Privacy During the COVID-19 Pandemic - In following CDC guidelines to effectively navigate the spread of COVID-19, many employers are closing their doors for a period of time and...more

Robinson+Cole Data Privacy + Security Insider

HHS Issues Confusing Limited Waiver on Sharing of Patient Information Following COVID-19

Acknowledging the “additional challenges” on health care providers following the outbreak of COVID-19, the Department of Health and Human Services (HHS) recently issued several waivers for covered entities to address the need...more

Bricker Graydon LLP

COVID-19 Update: HHS issues limited 72-hour HIPAA waiver for hospitals

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On March 13, 2020, following President Trump’s declaration of a national emergency due to the COVID-19 (coronavirus) pandemic, the Secretary of Health and Human Services (HHS) issued, among others, the following HIPAA waiver...more

Holland & Knight LLP

COVID-19 Guidance for Institutions of Higher Education

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The fluid and fast-changing impact of the new coronavirus (COVID-19) has left institutions of higher education (IHEs) scrambling to address unexpected legal issues. This guidance addresses some of their more frequently asked...more

Akerman LLP - Health Law Rx

OCR COVID-19 Updates on HIPAA and Anti-Discrimination Laws

Hospitals will have a limited waiver of HIPAA sanctions and penalties during the COVID-19 outbreak as a result of a bulletin issued on March 16, 2020 by the U.S. Department of Health and Human Services....more

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