News & Analysis as of

Data Protection Health Insurance Portability and Accountability Act (HIPAA)

Vorys, Sater, Seymour and Pease LLP

Action Required for HIPAA Covered Entities Regarding Reproductive Health Care Compliance

On April 22, 2024, the Department of Health and Human Services (HHS) Office of Civil Rights (OCR) issued a Final Rule titled HIPAA Privacy Rule to Support Reproductive Health Care Privacy (Final Rule)....more

Clark Hill PLC

The Value of an Effective HIPAA Compliance Program Amid OCR HIPAA Audits

Clark Hill PLC on

In 2024, the U.S. Department of Health and Human Services Office of Civil Rights (“OCR”) Director Melanie Fontes Rainer announced that OCR will resume auditing Health Information Portability and Accountability Act (“HIPAA”)...more

Dinsmore & Shohl LLP

[Webinar] Don't Be the Next Change Healthcare: How to Avoid a Breach and Prepare Your Response Plan - October 29th, 12:00 pm -...

Dinsmore & Shohl LLP on

During the first half of this webinar, Jen Mitchell, Bryan Murray and Laura Fryan, will focus on practical tips and pointers on avoiding a HIPAA breach and what lessons you can take away from the Change Healthcare breach. ...more

Health Care Compliance Association (HCCA)

2nd Settlement Triggered by 2017 Ransomware Attack Costs WA Practice $100K; ‘Not a Breach’

Let’s review for a moment. It’s not a HIPAA violation to be a victim of ransomware. It’s not a HIPAA violation to pay a ransom. It’s up to the covered entity (CE) to determine if a security or privacy incident is a...more

BCLP

AI in the Workplace: Using Artificial Intelligence Intelligently

BCLP on

Ready or not, artificial intelligence (“AI”) is here, and even if your company hasn’t introduced or approved the use of AI, chances are your employees are already using it....more

Troutman Pepper

The Rise of State Attorney General Privacy Enforcement

Troutman Pepper on

Since the passage of the California Consumer Privacy Act (CCPA) in 2018, and in the absence of a comprehensive data privacy law at the federal level, states have increasingly sought to enact their own privacy legislation. ...more

Cozen O'Connor

2025 Begins with Five More State Privacy Laws

Cozen O'Connor on

Get ready to ring in the new year with five new state privacy laws. 2025 will see five new comprehensive consumer privacy laws quickly coming into effect. Four laws, the Delaware Personal Data Privacy Act (DPDPA), the Iowa...more

Health Care Compliance Association (HCCA)

HHS Abandons Appeal in Public Website Pixel Case, But CEs and BAs Should Expect Continued Scrutiny

The HHS Office for Civil Rights (OCR) has abandoned its appeal of a federal judge’s ruling overturning OCR’s guidance prohibiting covered entities (CEs) and business associates (BAs) from using the web-tracking technologies...more

Epstein Becker & Green

Upcoming Consumer Privacy Laws: What Organizations Must Know for 2024 and 2025

Epstein Becker & Green on

Over the past several years, the number of states with comprehensive consumer data privacy laws has increased exponentially from just a handful—California, Colorado, Virginia, Connecticut, and Utah—to up to twenty by some...more

Epstein Becker & Green

Consumer Privacy Update: What Organizations Need to Know About Impending State Privacy Laws Going into Effect in 2024 and 2025

Epstein Becker & Green on

Over the past several years, the number of states with comprehensive consumer data privacy laws has increased exponentially from just a handful—California, Colorado, Virginia, Connecticut, and Utah—to up to twenty by some...more

Jackson Lewis P.C.

Out of Sync: Mitigating Data Privacy and Security Risks Stemming From Data Syncing Across Devices

Jackson Lewis P.C. on

With organizations holding more and more data digitally, there is an increased need to ensure data remains accessible across the organization at any given time. To that end, many organizations use tools that synchronize the...more

Kelley Drye & Warren LLP

HIPAA Privacy Rule Revisions Address Reproductive Protected Health Information

The Department of Health and Human Services (the ​“HHS”) recently issued a final rule (the ​“Final Rule”) amending the Health Insurance Portability and Accountability Act (“HIPAA”) Privacy Rule. Among other things, the Final...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Federal Trade Commission Hashes Out Aggressive Interpretation of Data Anonymization: What You Need to Know

The Federal Trade Commission (FTC) has a long-standing habit of creating legal obligations through blog posts. Recent communications from the FTC by way of its Office of Technology Blog evidence an aggressive expectation...more

Baker Botts L.L.P.

2024 HIPAA Action Items for Health Plans

Baker Botts L.L.P. on

In light of the changing legal landscape following Dobbs v. Jackson Women’s Health Organization, the Department of Health and Human Services (the “Department”) issued a final rule (link, and corresponding fact sheet link)...more

Locke Lord LLP

Data Minimization Under the CCPA

Locke Lord LLP on

The California Consumer Privacy Act of 2018 as initially adopted (or subsequently amended until 2020) did not contain the principle of data minimization. A requirement to minimize data collection was, however, added by the...more

Ballard Spahr LLP

The FTC's Revised Health Breach Notification Rule Is Now in Effect

Ballard Spahr LLP on

The Federal Trade Commission (FTC) continues to enforce and update its Health Breach Notification Rule (HBNR) amidst a fast-changing regulatory environment. A new rule, which took effect this week, expands the scope of the...more

Health Care Compliance Association (HCCA)

Healthcare Document Retention

Document retention is one of those persistent issues that comes with a great deal of complexity. As Michael Kearney, Head Solution Architect, Redgrave Data explains in this podcast, organizations have to deal with a dizzying...more

Orrick, Herrington & Sutcliffe LLP

FTC Health Breach Notification Rule Update: 6 Things You Should Know

The Federal Trade Commission (FTC) has updated its Health Breach Notification Rule that applies to non-HIPAA, consumer health data. Among the revisions, the FTC expanded or introduced key definitions and modified the...more

McGuireWoods LLP

Senior Living Alert: HIPAA Security Rule Compliance for Senior Living Facilities

McGuireWoods LLP on

The U.S. Cybersecurity & Infrastructure Security Agency has deemed healthcare entities “target rich, cyber poor,” meaning they have copious amounts of consumer and patient data but often do not have the cybersecurity means to...more

Health Care Compliance Association (HCCA)

[Webinar] Understanding HIPAA De-Identification: Exploring the Mysterious 18th Identifier - August 22nd, 12:00 pm - 1:30 pm CT

Learning Objectives: - Understand the methods for de-identification - Learn about the differences between anonymization, de-identification, and pseudonymization - Understand what “potential for re-identification”...more

Dinsmore & Shohl LLP

Data Breaches and Your Smart Watch: FTC Expands the Reach of the Health Breach Notification Rule

Dinsmore & Shohl LLP on

Effective July 29, 2024, the Federal Trade Commission (“FTC”) has issued a final rule that expands the scope of its existing Health Breach Notification Rule (“HBNR”) to include health and wellness applications (“apps”)...more

Jones Day

Vital Signs: Digital Health Law Update | Spring 2024

Jones Day on

Welcome to Vital Signs, a curated compilation of the latest legal and regulatory developments in digital health. Our lead article reports on recent developments in the U.S. Food and Drug Administration's ("FDA") regulatory...more

Jackson Lewis P.C.

Maryland Passes Comprehensive Data Privacy Law, Joining the Swelling State Ranks

Jackson Lewis P.C. on

Maryland’s governor recently signed the Maryland Online Data Privacy Act of 2024 (MODPA), making Maryland one of six states—along with Kentucky, Nebraska, New Hampshire, New Jersey, and Rhode Island—to pass a comprehensive...more

Mintz - Privacy & Cybersecurity Viewpoints

Rhode Island Enacts Comprehensive Privacy Law

Rhode Island Governor Daniel McKee allowed the Rhode Island Data Transparency and Privacy Protection Act (“RIDTPPA”) to pass on June 25, 2024 when he transmitted the bill back to the legislature without signature, making...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

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