News & Analysis as of

State Attorneys General Protected Health Information Health Insurance Portability and Accountability Act (HIPAA)

Constangy, Brooks, Smith & Prophete, LLP

New Year, New Rules? New York’s Health Privacy Bill S-929 advances

Just in time for setting a new year’s resolution, the New York Senate passed health privacy bill S-929. This bill was first introduced during the 2024 legislative session but failed to pass. Now in the early weeks of 2025,...more

Quarles & Brady LLP

Happy Halloween: RIP to the HIPAA Privacy Rule?

Quarles & Brady LLP on

As we settle into spooky season, let’s take a minute to consider a recent development in health care privacy as we ask ourselves, is this a trick or a treat?...more

Troutman Pepper Locke

Texas AG Challenges HHS Privacy Rules

Troutman Pepper Locke on

On September 4, Texas Attorney General (AG) Ken Paxton filed a lawsuit against the Department of Health and Human Services (HHS) Office for Civil Rights (OCR), challenging two key Health Insurance Portability and...more

Rivkin Radler LLP

Biotech Company Pays $4.5 Million for Data Breach

Rivkin Radler LLP on

The Office of the New York State Attorney General announced on August 13 that Letitia James, along with the Attorneys General of Connecticut and New Jersey, fined Enzo Biochem, Inc. $4.5 million for failing to adequately...more

Cozen O'Connor

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

Cozen O'Connor on

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

Cozen O'Connor

Healthcare Co.’s Coding Error Allegedly PHI-cilitates PHI-shing for PHI

Cozen O'Connor on

A bipartisan coalition of 33 AGs settled with health care clearinghouse Inmediata Health Group, LLC and an affiliated entity (collectively, Inmediata) to resolve allegations that Inmediata violated state consumer protection...more

Troutman Pepper Locke

Your Organization Has Suffered a Data Incident: Now Here Are the Regulators It Will Likely Encounter

Troutman Pepper Locke on

Government regulators are seemingly as numerous as the stars nowadays, especially in the universe of data incidents. When organizations experience a data incident, they will need to quickly assess what happened, why it...more

Latham & Watkins LLP

Recently Enacted Health Data Privacy Laws in Washington and Nevada Pose Challenges for Businesses

Latham & Watkins LLP on

Washington State and Nevada have now passed health data privacy laws that impose obligations relating to the collection, processing, and sharing of “consumer health data.” Both laws (collectively, State Health Data Privacy...more

WilmerHale

Washington AG’s Office Releases New Guidance for the My Health My Data Act

WilmerHale on

On June 30, 2023, the Washington Attorney General (AG) published a series of Frequently Asked Questions (FAQs) related to the My Health My Data Act (MHMDA). As we discussed previously, the MHMDA will impose new requirements...more

Cozen O'Connor

AGs Settle with EyeMed for $2.5 Million after Allegedly Lax Data Security Lead to Data Breach

Cozen O'Connor on

The AGs of Oregon, New Jersey, Florida, and Pennsylvania settled with EyeMed Vision Care LLC to resolve allegations that the company violated state consumer protection and personal information protection laws, as well as the...more

Robinson+Cole Data Privacy + Security Insider

NYAG Issues Fine Against Law Firm for Data Breach

New York Attorney General Letitia James announced on March 27, 2023 that she had levied a fine against law firm Heidell, Pittoni, Murphy & Bach LLP for failing to secure personal and health information of clients exposing the...more

WilmerHale

Attorneys General Bring Multistate Data Breach Settlement Against DNA Testing Lab

WilmerHale on

On February 17, 2023, the state attorneys general of Pennsylvania and Ohio reached a settlement with Ohio-based DNA Diagnostics Center (“DDC”) for a 2021 data breach that affected 2.1 million individuals nationwide and...more

Robinson+Cole Data Privacy + Security Insider

New Jersey Settles with Cancer Center Over Business Email Compromise

One of the challenging things about HIPAA (Health Insurance Portability and Accountability Act) enforcement is the fact that both the Office for Civil Rights and State AGs have jurisdiction to assess fines and penalties for...more

Sheppard Mullin Richter & Hampton LLP

Breach of PHI? California AG Reminds Companies of Potential State Notification Obligations

The California AG recently reminded companies in the healthcare industry of potential data breach notification obligations beyond HIPAA. As ransomware attacks continue to rise, particularly in healthcare, companies should...more

Wyrick Robbins Yates & Ponton LLP

The California Attorney General's Settlement with Glow: A Wake-Up Call for Consumer Health App Developers

Consumer-directed health apps are experiencing a boom thanks to COVID-19, as consumers seeking to avoid doctors’ office waiting rooms are increasingly relying on apps to measure and maintain their health.  That trend is...more

Poyner Spruill LLP

HIPAA Breach Settles for $1M in First Settlement Involving State Attorneys General

Poyner Spruill LLP on

Last week, Indiana based Medical Informatics Engineering, Inc. (MIE) agreed to pay $100,000 to the U.S. Department of Health and Human Services’ Office for Civil Rights (OCR). MIE provides electronic health record and related...more

Poyner Spruill LLP

12 Attorneys General Sue for 2015 Breach in First Case of Its Kind

Poyner Spruill LLP on

North Carolina joined Attorneys General from a dozen states in suing Indiana based Medical Informatics Engineering (MIE) and affiliates. The complaint alleges that the companies failed to undertake reasonable measures to...more

Robinson+Cole Data Privacy + Security Insider

Years-Long Exposure of Sensitive Client Information Results in $200,000 Settlement with New York Attorney General

In late August, the Attorney General of the State of New York announced a $200,000 settlement with a New York-based non-profit organization that provides services to developmentally disabled individuals and their families...more

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