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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
Providers and platforms should know that healthcare in the metaverse — which may involve telepresence, digital twinning, and blockchain — is subject to ‘real life’ regulations. The metaverse uses technologies such as...more
In the wake of the Dobbs decision, the Department of Health and Human Services (HHS), Office for Civil Rights (OCR) issued new guidance regarding the privacy of patients seeking reproductive health care. The guidance...more
Is your business one that has not prioritized compliance with data privacy laws because you do not collect personal data about your customers? If so, you are in good company, but it is time to reframe your approach on data...more
Increasing mental health care needs for minors present a range of legal issues for children, parents, health care providers and health care payors. While state laws typically govern who has the power to consent to or refuse...more
Dismas Locaria, a partner in Venable's Government Contracts Practice, recently hosted a webinar to address hot-button topics for nonprofit grant recipients. He took a look back at 2021, with a focus on Paycheck Protection...more
Started in Europe in 2007, Data Privacy Day, or Data Protection Day as it is known internationally, is an international effort that takes place annually on January 28 to create awareness of the importance of data privacy. In...more
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
The COVID-19 pandemic has had a disparate effect on privacy regulators, with varying levels of enforcement advocated by different government entities; the California Attorney General, the U.S. Department of Health & Human...more
As industry continues to adapt to the evolving realities of shelter-in-place orders, companies face challenges in supporting an unprecedented remote workforce while balancing compliance with a variety of regulatory agencies....more
Virtually everyone has seen numerous news reports each day for the past week about multiple confirmed cases of COVID-19 in long term care facilities. Those reports started with a skilled nursing facility in Kirkland,...more
School leaders are often understandably confused as to which law applies to health- or medical-related records in schools: The Family Educational Rights and Privacy Act (FERPA) or the Health Insurance Portability and...more
Throughout the past year, the healthcare and life science industries experienced a proliferation of digital health innovation that challenged traditional notions of healthcare delivery and payment, as well as product...more
Over the past several years, the U.S. Department of Health and Human Services (HHS) Office of Civil Rights (OCR) has taken various steps to ensure compliance with the right of access by covered entities. The Phase 2 audits...more
On September 9, 2019, the Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced that it had settled its first ever HIPAA enforcement action arising from alleged violations of the individual...more
Avoid Potential Pitfalls When Incorporating Third-Party Software into Wearable Products - The global market for wearable devices continues to expand rapidly. Digital health companies that manufacture and sell their own...more
There is a growing trend to regulate biometric data and severely punish companies that do not adequately protect this data. Every company that collects or uses biometric data should be careful to ensure compliance with...more
Seyfarth Synopsis: The EEOC has withdrawn the incentive provisions in its ADA and GINA wellness program regulations. The remaining provisions have less bite as a consequence, especially in the ADA context. But HIPAA wellness...more
Organizations of all types are increasingly subject to data theft and loss, whether the asset is customer information, intellectual property, or sensitive company files. The federal government and, thus, its private...more
Texting by physicians and other health care providers has long been a hot topic due to the privacy and security considerations involved, although HIPAA and state laws have generally been at the center of this discussion....more
CMS has issued a memorandum clarifying its position on texting and recognizing that the use of texting has become an essential and valuable means of communication between health care team members. The takeaways from the...more
A final rule from the Substance Abuse and Mental Health Services Administration establishes requirements for the exchange of patient information between substance abuse treatment programs and their agents and contractors. ...more
New York AG Settles Data Protection Enforcement Against Mobile Health Apps - After a year-long investigation into mobile health apps claiming to be able to measure vital signs or health indicators through smartphone...more
Like it or not, the Federal Trade Commission (FTC) has injected itself into regulating and monitoring data privacy practices of corporations. Attorneys Seth Northrop and Richard Martinez discuss what this means for companies...more
Business Associate Agreements (BAAs), in the current regulatory and technological environment, require careful review and negotiation of the implementation of the regulatory requirements. In meeting the September 23, 2014...more