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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
If the penultimate enforcement settlement of 2023 issued by the HHS Office for Civil Rights (OCR) sounds familiar, that’s with good reason. And the last one of the year should ring some bells, too....more
Happy New Year! As we enter 2024, we want to lay out some of the main regulatory issues (both new and old) that McDermott+Consulting will be tracking over the next year. While these may evolve, we think they are still...more
Over the last two years, the Office for Civil Rights (“OCR”) has released a number of proposed regulations and new guidance relating to the HIPAA privacy rules. Not to be left out, recently, the Federal Trade Commission...more
New York is the first state to propose cybersecurity requirements for all hospitals operating in the state to address patient safety and other cybersecurity related issues....more
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
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
This week, New York regulators announced that they plan to release proposed cybersecurity regulations for hospitals. The impetus for the proposed regulations is largely due to the increasing and devastating cyber attacks on...more
Report on Patient Privacy Volume 23, no 7 (July 2023) In two public talks this spring, Melanie Fontes Rainer, director of the HHS Office for Civil Rights (OCR), said completing the 2021 proposed regulation extensively...more
Washington state’s My Health, My Data Act (the Act), signed into law in April 2023, is a broad health data privacy law designed to protect consumer health data that falls outside the scope of HIPAA, such as health-related...more
A proposed HHS regulation on the Confidentiality of Substance Use Disorder (SUD) Patient Records under 42 C.F.R. Part 2 would bring it further in line with HIPAA, which is somewhat of a double-edged sword, attorneys say....more
Since the General Data Protection Regulation (GDPR) went into effect in 2018, over half a dozen countries have passed similar privacy regulations and another few dozen have updated or proposed new privacy regulations. In the...more
On January 7th, the EEOC released proposed new regulations under the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA) for employer-offered wellness programs. (As of January 15,...more
Officials at the Department of Health and Human Services (HHS) are proposing modifications to the HIPAA Privacy Rule to ease information sharing in emergencies. Some of the modifications being discussed would provide patients...more
Nearly two years after soliciting public suggestions to modify HIPAA rules to improve the coordination of care, the Department of Health and Human Services (DHHS) issued a Proposed Rule which changes parts of the Privacy Rule...more
Late last week, the United States Department of Health and Human Services (HHS), Office for Civil Rights issued a Notice of Proposed Rulemaking (NPR) to make significant revisions to the Health Insurance Portability and...more
In 2018, the U.S. Department of Health and Human Services (“HHS”) launched what it calls a “Regulatory Sprint to Coordinated Care” to accelerate a transformation of the healthcare system, with a focus on removing “unnecessary...more
As the COVID-19 pandemic continues across the United States, states, payers, and providers are looking for ways to expand access to telehealth services. Telehealth is an essential tool in ensuring patients are able to access...more
Several times over the past few years, we have reported about the challenges wellness programs have faced from the Equal Employment Opportunity Commission (EEOC) and other litigants, as well as how a federal court struck down...more
The Florida Senate and House of Representatives are considering two bills (SB 1670 and HB 963) that, if adopted, will amend Florida law to create the state’s first comprehensive privacy law (though they do not go nearly as...more
Florida lawmakers have proposed data privacy legislation that, if adopted, would impose significant new obligations on companies offering a website or online service to Florida residents, including allowing consumers to “opt...more
This Client Advisory highlights important developments in the law governing employee benefit plans and executive compensation over the past year. It offers insight into what these developments mean for employers and plan...more
Our representation of behavioral health and substance abuse programs has required us to stay in tune to issues involving special confidentiality of patient records under 42 CFR Part 2, also known as the SAMHSA regulations The...more
Proposed Modifications to HIPAA Regulations under Consideration - On December 14, 2018, HHS issued its Request for Information on Modifying HIPAA Rules to Improve Coordinated Care as part of its Regulatory Sprint to...more
The Centers for Medicare & Medicaid Services (CMS) is “actively working” on updates to regulations under the federal physician self-referral law (or “Stark Law”), according to CMS Administrator Seema Verma during a March 4,...more