News & Analysis as of

Written Consent Health Insurance Portability and Accountability Act (HIPAA)

Foley & Lardner LLP

Telemedicine and Texting: Telephone Consumer Protection Act

Foley & Lardner LLP on

Telemedicine and remote patient monitoring companies often want to maintain open communication channels with patients, whether it be scheduling, medication reminders, engagement pings, or even new product and service updates....more

K&L Gates LLP

SAMHSA’s Balancing Act in Its 2019 Proposed Rulemaking: Weighing the Benefits of Enhanced Technology Against the Risks of Breach -...

K&L Gates LLP on

For the third time in as many years, the Substance Abuse and Mental Health Services Administration (“SAMHSA”) has proposed revisions to the Confidentiality of Substance Use Disorder Patient Records regulations at 42 C.F.R....more

Goulston & Storrs PC

Health Care and Financial Protections for Your College Student

Goulston & Storrs PC on

Labor Day is approaching and some of you may be sending children off to college. With that in mind, we want to remind you that if your child is age 18 or older, you can take some simple steps to improve your access to your...more

Steptoe & Johnson PLLC

Providers Beware: Take Care When Producing Mental Health Records in Response to Nonparty Subpoenas

Steptoe & Johnson PLLC on

A recent decision by the Supreme Court of Appeals of West Virginia draws a sharp line of distinction for hospitals responding to nonparty subpoenas against the unauthorized disclosure of confidential mental health records. In...more

Nelson Mullins Riley & Scarborough LLP

SAMHSA Final Rule Expands Permitted Disclosures of Substance Use Disorder Information to Subcontractors

The Substance Abuse and Mental Health Services Administration (SAMHSA) has issued a final rule (Rule) updating the Confidentiality of Substance Use Disorder Records, 42 CFR part 2 (Part 2), to expand the circumstances under...more

Foley & Lardner LLP

Report Warns Providers of HIPAA Violations When Responding to Negative Online Reviews

Foley & Lardner LLP on

ProPublica, a public interest investigative newsroom, recently identified more than 3,500 one-star medical reviews on Yelp in which patients complained about privacy issues. ProPublica determined that “in dozens of instances,...more

Obermayer Rebmann Maxwell & Hippel LLP

Protected Health Information: Providers Must Proceed with Caution

Medical records are a powerful weapon in the courtroom. They may reveal the extent of an individual’s injury in a personal injury case or substantiate the severity of an individual’s mental illness when that mental illness is...more

BakerHostetler

Telemarketing: HIPAA Can Reverse the Charges Under the TCPA

BakerHostetler on

The Telephone Consumer Protection Act (TCPA) generally limits automatically dialed and prerecorded telemarketing calls to wireless and residential phones. In the past, healthcare providers and other "advertisers" could rely...more

Mintz - Privacy & Cybersecurity Viewpoints

Reminder: October 16 Is the Effective Date for the FCC’s Written Consent Rule for Prerecorded Telemarketing Calls and Autodialed...

Companies that engage in telemarketing – either on their own or by contracting with a third-party telemarketing provider – should remember that new Federal Communications Commission (FCC) telemarketing rules go into effect...more

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