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Texas Attorney General Obtains Settlement of Alleged False and Misleading Statements About Healthcare Artificial Intelligence...

On September 18, 2024, the Attorney General (AG) of Texas announced a settlement with an artificial intelligence-focused healthcare technology company to resolve allegations of false and misleading statements about the...more

Happy Halloween: RIP to the HIPAA Privacy Rule?

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

New York DFS Cybersecurity Regulation Outlines Actions with High ROI

As of November 1, 2024, financial services companies regulated by the New York Department of Financial Services Cybersecurity Regulation face new requirements relating to cybersecurity governance, encryption, and incident...more

HHS OCR Withdraws Tracking Technologies Appeal in AHA v. Becerra

On August 29, 2024, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) withdrew its appeal of the U.S. District Court for the Northern District of Texas’s (Court) June 20, 2024 decision in...more

Arizona Offshoring Requirements Set to Change

Providers and payers contracting with Arizona’s Medicaid agency, the Arizona Health Care Cost Containment System (“AHCCCS”), and all such AHCCCS contractors’ subcontracts must reference and require compliance with the AHCCCS...more

HHS Tracking Technology Guidance Vacated by Federal Court

On Thursday, June 20, 2024, a U.S. District Court Judge ruled that the U.S. Department of Health and Human Services, Office for Civil Rights (“HHS”) overstepped its authority to act when issuing its December 2022 bulletin...more

States Adopt NAIC Model Bulletin on Insurers’ Use of AI

State regulators are taking action on the use of artificial intelligence in insurance. To date, nearly a dozen states have adopted some form of the National Association of Insurance Commissioners (NAIC) Model Bulletin on the...more

Friendly Reminder - Finalize and Post Your Consumer Health Data Privacy Notice Before March 31

Friendly reminder – the Washington My Health My Data Act (“WMHMDA”) compliance deadline for regulated entities to post their consumer health data privacy policy is March 31, 2024 (June 30, 2024 for small businesses). A...more

Substance Abuse Disorder Records (42 CFR Part 2) Final Rule Is Here!

The U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) and Substance Abuse and Mental Health Services Administration (SAMHSA) released its anticipated Final Rule last week. The Final Rule revises...more

Never Say Never Again: HHS Signals the Return of HIPAA Audit Program

On February 12, 2024, the U.S. Department of Health and Human Services (“HHS”) published a notice in the Federal Register regarding reinstatement of the Health Information Portability and Accountability Act of 1996 (“HIPAA”)...more

Privacy Priorities for 2024 (and Beyond)

The upcoming year will continue to hold challenges for data privacy programs. The Quarles Privacy Week 2024 programming from this week has provided an overview of the upcoming issues and challenges that are on the horizon....more

Introduction to AI and Current Hot Topics

Everyone seems to be talking about AI these days. There is no shortage of news stories about new advances in AI technology, the latest missteps of people using “bad” information generated from AI technology, and conjecture...more

Key Considerations for Healthcare Providers Responding to Law Enforcement Requests

Why is everyone talking about provider disclosures to law enforcement of late? The Senate Finance Committee authored a letter to Xavier Becerra, Secretary of the U.S. Department of Health and Human Services (HHS), outlining...more

HHS Finalizes AI Transparency Rule

On December 13, the U.S. Department of Health and Human Services (HHS) through the Office of the National Coordinator for Health Information Technology (ONC) finalized its Health Data, Technology, and Interoperability:...more

2023 Year-End Employee Benefits Updates

This newsletter provides updates employers should be aware of heading into 2024, including an outline of the updated 2024 retirement and welfare plan limits, instructions related to the “gag order” attestation requirements...more

Summer Consumer Health Data Privacy Legislation Happened So Fast

Summer 2023 gave us a blast of new and distinctive consumer health data privacy legislation. The Washington legislature could not wait to start showing off and splashing around in the summer sun by passing the country’s...more

Joint Commission Issues Sentinel Event Alert on Cybersecurity in Health Care

As industry stakeholders know, cyberattacks and breaches have been on the rise in the health care industry. IBM Security’s 2023 annual report notes that the average health care data breach has reached $10.93M and that health...more

Million Dollar Maybe: Enforcement of Cures Act Information Blocking Prohibitions Begins

As of September 1, 2023, the U.S. Department of Health and Human Services (“HHS”) Office of Inspector General (“OIG”) can officially begin enforcement against Certified Health Information Technology (“HIT”) developers, health...more

Diving into the Washington My Health My Data Act Part Twelve : Washington Attorney General Guidance

This is Part Twelve, the final installment of our series of legal updates on the Washington My Health My Data Act (“WMHMDA”). We are thrilled that you came along as we dove into the intricacies of WMHMDA that are creating...more

Diving into the Washington My Health My Data Act - Part Eleven: HIPAA vs. WMHMDA (for table lovers)

This is Part Eleven in a series of legal updates on the Washington My Health My Data (“WMHMDA”), where Quarles continues its deep dive into the various factors and intricacies of WMHMDA that are creating waves in the privacy...more

Diving into the Washington My Health My Data Act - Part Ten: Operational Realities and Next Steps

This is Part Ten in a series of legal updates on the Washington My Health My Data Act (“WMHMDA”), where Quarles continues its deep dive into the various factors and intricacies of WMHMDA that are creating waves in the privacy...more

SEC Rules Impose New Four-Day Reporting Requirements for Cybersecurity Incidents

The Securities and Exchange Commission (“SEC”) voted on July 26, 2023 to adopt new cybersecurity rules, which are aimed at helping investors better understand the cybersecurity risks associated with public companies by...more

Diving into the Washington My Health My Data Act : Part Nine: Enforcement and Private Right of Action

This is Part Nine in a series of legal updates on the Washington My Health My Data (“WMHMDA”) where Quarles continues its deep dive into the various factors and intricacies of WMHMDA that are creating waves in the privacy...more

Diving into the Washington My Health My Data Act - Part Eight: Individual Rights

This is Part Eight in a series of legal updates on the Washington My Health My Data Act (“WMHMDA”) where Quarles continues its deep dive into the various factors and intricacies of WMHMDA that are creating waves in the...more

Diving into the Washington My Health My Data Act - Part Seven: Biometric Data

This is Part Seven in a series of legal updates on the Washington My Health My Data (“WMHMDA”), where Quarles continues its deep dive into the various factors and intricacies of WMHMDA that are creating waves in the privacy...more

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