News & Analysis as of

Third-Party Covered Entities

BCLP

Federal Court Rejects Motion to Dismiss Wiretap Claims Using HIPAA to Support Crime-Tort Exception Allegations

BCLP on

It has now become commonplace for Plaintiffs’ attorneys to bring claims alleging that routine marketing techniques, including the deployment of behavioral advertising cookies and pixels, constitute wiretaps in violation of...more

Health Care Compliance Association (HCCA)

[Event] Healthcare Privacy Compliance Academy - December 11th - 14th, Orlando, FL

Designed for professionals with some compliance knowledge and experience, HCCA’s Healthcare Privacy Compliance Academy is ideal for practitioners who want a deeper understanding of effective compliance management in a...more

Health Care Compliance Association (HCCA)

[Event] Healthcare Privacy Compliance Academy - August 21st - 24th, Washington, DC

Designed for professionals with some compliance knowledge and experience, HCCA’s Healthcare Privacy Compliance Academy is ideal for practitioners who want a deeper understanding of effective compliance management in a...more

Holland & Knight LLP

Changing of the Guard? SEC Proposes Significant Amendments to the Safeguards Rule

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The SEC continued its recent onslaught of proposed cybersecurity rules in mid-March with three new proposals covering a litany of entities, including investment advisers, broker-dealers, investment companies, clearing...more

Dorsey & Whitney LLP

Tracking Online User Activity: HIPAA and Other Legal Risks

Dorsey & Whitney LLP on

The use of tracking technologies on websites and mobile applications (e.g., cookies) has become largely ubiquitous in our technology-driven world. Health care providers and organizations, for example, may use tracking...more

Faegre Drinker Biddle & Reath LLP

HIPAA Regulation of Online Tracking Technologies

In a December 2022 bulletin published by the Office for Civil Rights at the U.S. Department of Health and Human Services (HHS), HHS made clear that the use of third-party tracking technologies by covered entities and business...more

Farrell Fritz, P.C.

How Dealings Between Related Parties Doomed A Captive Insurer

Farrell Fritz, P.C. on

Insurance: What is it? How does it work? Assume that Acme Co is paying premiums for commercial insurance coverage to protect itself from economic losses that may arise out of various events. These premiums are deductible...more

Husch Blackwell LLP

People’s Privacy Act Introduced In Washington State House Of Representatives

Husch Blackwell LLP on

Keypoint: While the Washington Privacy Act appears poised to pass the Senate, a competing bill introduced in the House of Representatives would require opt-in consent for processing, create an Illinois-like biometric...more

Foley & Lardner LLP

$22 Billion Administrative Overreach

Foley & Lardner LLP on

A mind-boggling example of administrative overreach, i.e. HHS’s issuance of overreaching regulations (in 2013) and sub-regulatory Guidance (in 2016), which impose a $22 billion lifetime regulatory cost ($1.52 billion per year...more

Mintz - Privacy & Cybersecurity Viewpoints

OCR Warns of HIPAA Risks in Third-Party Apps

The U.S. Department of Health and Human Services Office for Civil Rights (OCR) recently issued a warning regarding vulnerabilities in third-party applications used by entities covered by HIPAA. The OCR warning applies...more

King & Spalding

OIG Reports Insufficient Oversight Of HIPAA Compliance

King & Spalding on

The HHS Office for Civil Rights (OCR) must improve its oversight and enforcement of patient information privacy and security rules by “covered entities” and their business associates under the Health Information Portability...more

Womble Bond Dickinson

Is Your HIPAA Compliance Program Ready for the FTC?

Womble Bond Dickinson on

Everyone in healthcare knows that the next round of HIPAA audits is coming. Covered entities and business associates have long been advised to review and update their HIPAA security risk analyses, have business associate...more

Foley & Lardner LLP

Recent Enforcement Shows the Importance of Encrypting Mobile Devices Containing Protected Health Information

Foley & Lardner LLP on

With headlines every day announcing another release of Protected Health Information (PHI), providers are asking themselves – is there a way to protect against these breaches? Beyond improving the security of large...more

BakerHostetler

HIPAA, Business Associates, and the Cloud

BakerHostetler on

Under the Final Rule, as previously discussed, business associates must comply with the technical, administrative, and physical safeguard requirements under the Security Rule....more

Ballard Spahr LLP

CMS Releases Final Rule on Physician Payment Disclosures

Ballard Spahr LLP on

Public disclosure of payments from pharmaceutical, medical device, biologic, and medical supply manufacturers to physicians and hospitals will begin under a final rule on the Physician Payments Sunshine Act (Sunshine Act)...more

Polsinelli

Breaking Down The HIPAA Changes: Part 1 Of 5 What Covered Entities And Business Associates Need To Do To Comply With The Final...

Polsinelli on

In This Issue: - Brief Overview of Key Modifications in the Final Rule - Suggested Action Items for Compliance with the Final Rule ..Covered Entities ..Business Associates - Consequences of Noncompliance...more

Baker Donelson

HHS Overhaul of HIPAA: Summary of New Obligations for Covered Entities and Business Associates

Baker Donelson on

On January 17, 2013, the Department of Health and Human Services (HHS) posted Modifications to the HIPAA Privacy, Security, Enforcement, and Breach Notification Rules [PDF] (the Final Rule) under the authority of the HITECH...more

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