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Dechert LLP

Dechert Cyber Bits - Issue 58

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SEC Issues New Guidance as to 8-K Disclosures Relating to Cybersecurity Incidents - On June 27, 2024, the U.S. Securities and Exchange Commission (the “SEC”) issued new guidance on the agency’s guidelines for cybersecurity...more

Health Care Compliance Association (HCCA)

Privacy Briefs: July 2024

Pennsylvania-based Geisinger Health System said it experienced a breach impacting more than 1.27 million patients when a former employee of vendor Nuance Communications Inc., a Microsoft Corp. subsidiary, accessed patient...more

Wiley Rein LLP

Litigation Grows Around Website Technologies, With Focus on Sensitive Data

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Data privacy-related lawsuits have skyrocketed in recent years. Federal courts saw over 900 data privacy dockets in 2020 – but witnessed a surge to 1,767 dockets in 2023. At the halfway point in 2024, federal court data...more

Carlton Fields

4 Tips for Health Tech Apps After the FTC’s Revised Breach Notification Rule

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On April 26, the Federal Trade Commission announced its final rule updating the health breach notification rule. According to the FTC, the update seeks to “clarify” the scope of the rule by adding new definitions and revising...more

Health Care Compliance Association (HCCA)

Privacy Briefs: May 2024

Kaiser Permanente is notifying 13.4 million current and former members that their personal information may have been compromised when it was transmitted to tech giants Google, Microsoft Bing and X (formerly Twitter) when...more

Baker Donelson

The 113th Tennessee General Assembly Adjourns Sine Die – Highlighted Overview

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The 113th Tennessee General Assembly adjourned sine die on April 25, 2024. The session was dominated by debate over the size and scope of the $1.6 billion legislative fix to the state franchise tax that naturally dashed plans...more

Gardner Law

Amidst Legal Fight, HHS Revises Online Tracking Guidance

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On March 18, 2024, the Office for Civil Rights (OCR) of the U.S. Department of Health and Human Services (HHS) issued revised guidance on the use of tracking technologies by HIPAA-covered entities and business associates....more

Manatt, Phelps & Phillips, LLP

DOJ Finalizes Regulations for Accessibility of State and Local Government Websites

Could Similar Regs for Commercial Websites Be Next? The Attorney General has signed off on regulations for the accessibility of state and local government websites and apps to people with disabilities, which will take...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

Foley & Lardner LLP

HHS Updates Pixels and Trackers Guidance for HIPAA Regulated Entities

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Pixels, cookies, and trackers continue to be front of mind for HIPAA regulated entities seeking clarity on their ability to advertise, market, and engage with existing and prospective patients. On March 18, 2024, the U.S....more

ArentFox Schiff

California Adopts Privacy Protections for Digital Reproductive and Sexual Health Information

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With the recent passage of Assembly Bill (AB) 254 and AB 1697, California’s Confidentiality of Medical Information Act (CMIA) will extend privacy protections to reproductive and sexual health information on mobile...more

Amundsen Davis LLC

“Pixels” and “Cookies,” Charming Terms for Tracking Technology, Can Lead to Ugly Data Privacy Headaches

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Companies in all industries and of all sizes are evaluating sophisticated and useful technology for their websites and applica- tions (their “apps”) in an effort to enhance and develop their image or brand and to support...more

Burr & Forman

OIG Issues Favorable Advisory Opinion About Online Health Directories and Advertisements

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Does your practice pay to advertise in online directories? Or do you contract with a website to allow patients to book appointments or look for services? If the answer to these questions is “yes,” you may be interested in a...more

Woods Rogers

Tips for Healthcare Organizations Handling Negative Online Reviews

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A healthcare organization’s online presence is an important component of its reputation. Occasionally, dissatisfied patients will post negative reviews about healthcare services on social media and customer review platforms...more

Wiley Rein LLP

Wiley Consumer Protection Download (July 10, 2023)

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Welcome to Wiley’s update on recent developments and what’s next in consumer protection at the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC). In this newsletter, we analyze recent regulatory...more

J.S. Held

Litigation Surge From the Use of Tracking Technology & the Sharing of Healthcare and Personal Data

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Introduction: Tracking Software in the Healthcare Industry - Privacy-related concerns have become increasingly prominent in recent years, especially with the widespread use of third-party tracking tools such as tracking...more

Health Care Compliance Association (HCCA)

Privacy Briefs: April 2023

Personal information from federal lawmakers and congressional staff members was available on the dark web following a breach of DC Health Link, the health insurance marketplace for Washington, D.C. In an internal memo sent to...more

Harris Beach PLLC

Lawsuits Reinforce Importance of Health Care Websites being HIPAA Compliant

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After dozens of class-action lawsuits filed against health care providers across the country alleging their websites shared patient information with social media sites such as Facebook and Instagram, providers are again urged...more

Foley Hoag LLP - Security, Privacy and the...

The FTC Outlines What It Sees as “The HIdden Impacts of Pixel Tracking”

In a very comprehensive post from the Federal Trade Commission’s Office of Technology, the FTC takes what it calls “[a] deep dive into the technical side of FTC’s recent cases on digital health platforms, GoodRx &...more

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #352 – Don’t Get Scammed Ordering Your Free COVID-19 Test Kits

The federal government has implemented a program in which each household can order four free COVID-19 test kits through the United States Postal Service (USPS). This is a perfect opportunity for scammers to spoof the USPS...more

Kohrman Jackson & Krantz LLP

How Can Doctors Respond To and Remove Fake Reviews from the Internet?

A positive internet reputation is an expected prerequisite for conducting business. Negative internet content, including negative reviews, can destroy an operation....more

Mintz - Employment Viewpoints

Revenge of the HIRDs—The New Massachusetts Employer Healthcare Coverage Form

In a series of recent posts, we discussed the expanded Massachusetts Employer Medical Assistance Contribution (EMAC) requirements, including the adoption of a new EMAC supplemental contribution. Among other things, we...more

Troutman Pepper

Accepting Anonymous Tips: FDA's Website for Reporting Medical Device Regulatory Misconduct

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For device manufacturers and sellers, the website represents another source of information to monitor for possible challenges ahead. Unidentified tipsters — from disgruntled former employees to plaintiffs’ attorneys —...more

Stinson LLP

FDA Launches New Webpage to Report Regulatory Misconduct

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Earlier this week, the FDA launched a new webpage to simplify the process of reporting violations of the law by medical device manufacturers and individuals marketing medical devices. Unlike the MedWatch system for reporting...more

Faegre Drinker Biddle & Reath LLP

Get Your Questions Ready

A lot has changed since the HIPAA Privacy Rule was finalized in 2002 and the HIPAA Security Rule was finalized a year later in 2003. The iPhone had not been released (that happened in 2007), Apple had just released the...more

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