News & Analysis as of

Data Protection HIPAA Privacy Rule

Sheppard Mullin Richter & Hampton LLP

Biotech Company Settles with Three State AGs Over Security Practices

A biotech company recently settled with three AGs over allegations that it had failed to protect consumer information. According to the AGs of Connecticut, New York and New Jersey, this led to a 2023 data incident. The...more

Baker Botts L.L.P.

2024 HIPAA Action Items for Health Plans

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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

Cranfill Sumner LLP

HIPAA and the Practitioner’s Perspective: Appreciating the Risk

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The practicing doctor (presumably) knows that he or she is (likely) subject to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). Less certain is whether said practitioner knows just what that means....more

Wilson Sonsini Goodrich & Rosati

OCR at HHS Updates Guidance on Use of Online Tracking Technology by HIPAA-Regulated Entities

On March 18, 2024, the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) updated its guidance on the use of online tracking technology by covered entities regulated by the Health...more

Health Care Compliance Association (HCCA)

‘An Unknown Individual Walked In’: Protecting Against Telehealth Risks Includes Non-IT Threats

The HHS Office for Civil Rights (OCR) and other government agencies aren’t just worried that providers understand—and mitigate—the privacy and security risks of telehealth. In fact, in 2022, the Government Accountability...more

Sands Anderson PC

Risk Assessments in Healthcare: Where Legal Requirements Also Make Good Business Sense!  

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While some of the legal requirements on your organization can seem overly burdensome, there are times when legal requirements also align nicely with what makes good business sense. Risk assessments in the healthcare industry...more

Keating Muething & Klekamp PLL

Benefits Monthly Minute - December 2023

Happy Holidays! The December Monthly Minute includes a fiduciary checkup reminder and a look at HHS’ recent settlement stemming from a phishing attack that impacted ePHI of nearly 35,000 individuals....more

Dorsey & Whitney LLP

Minnesota Supreme Court Holds That The Minnesota Health Records Act Allows Release of Health Records For Permitted Purposes Under...

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On October 11, 2023 the Minnesota Supreme Court issued an opinion in Schneider v. Children’s Health Care holding that the Minnesota Health Records Act (“MHRA”) provision allowing health care providers to release health...more

McDermott Will & Emery

Digital Health 101: OCR Issues Resources to Educate Patients on Telehealth, PHI

McDermott Will & Emery on

On October 18, 2023, the Office for Civil Rights (OCR) of the US Department of Health and Human Services (HHS) issued two resource documents to help explain the privacy and security risks to patients’ protected health...more

Proskauer on Privacy

FTC and OCR Unite to Safeguard Hospital and Telehealth Data from Online Tracking Threats

Proskauer on Privacy on

On July 20, 2023, the Federal Trade Commission (“FTC”) and the Office for Civil Rights of the United States Department of Health and Human Services (“OCR”) announced that they had sent a warning letter to about 130 hospital...more

Health Care Compliance Association (HCCA)

Revised Privacy Rule May Not Emerge for Two Years; Info Blocking Penalty Regulation Published

Report on Patient Privacy Volume 23, no 7 (July 2023) In two public talks this spring, Melanie Fontes Rainer, director of the HHS Office for Civil Rights (OCR), said completing the 2021 proposed regulation extensively...more

DarrowEverett LLP

A HIPAA Privacy Notice A Day Keeps The Doctor Away (And Out Of Trouble)

DarrowEverett LLP on

The start of 2023 has brought with it significant changes to data privacy – new state laws concerning data privacy came into effect January 1 (the California Privacy Rights Act and the Virginia Consumer Data Protection Act),...more

King & Spalding

HHS Office for Civil Rights Issues Guidance Regarding HIPAA Requirements for Online Tracking Technologies

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On December 1, the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services provided guidance on the intersection of the Health Insurance Portability and Accountability Act (HIPAA) and the use of...more

Health Care Compliance Association (HCCA)

Hybrid Workforces and Compliance with Sheila Limmroth

Hybrid work is likely here to say, and, as Sheila Limmroth, privacy specialist at DCH Health System, and the author of the chapter Hybrid Work Environment in the Complete Healthcare Compliance Manual observes in this...more

Quarles & Brady LLP

Recent Updates in Data Privacy & Security for Health Care Entities

Quarles & Brady LLP on

March was a busy month for data privacy and security, especially as it relates to health care entities. To help keep you up to date with the changes, we’ve included a few highlights for you below... ...more

Morgan Lewis - Health Law Scan

New Legislation Aims to Upgrade HIPAA to Account for New Healthcare Technologies

On February 9, 2022, US Senators Bill Cassidy, M.D. (R-LA) and Tammy Baldwin (D-WI) introduced bipartisan legislation designed to modernize health privacy laws, including the Health Insurance Portability and Accountability...more

Polsinelli

The Privacy Survival Guide - August 2021

Polsinelli on

Virginia recently adopted a GDPR-inspired comprehensive data protection law for Virginia residents. What Are the Main Points Covered by Virginia’s Consumer Data Protection Act (CDPA)? ...more

Womble Bond Dickinson

Digital Twins and Your Health

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Imagine if a doctor could diagnose and treat an illness immediately after a quick non-invasive scan of your whole body. Does this sound like something out of the science fiction TV show Star Trek? ...more

King & Spalding

OCR Updates Ransomware Guidance

King & Spalding on

On June 9, 2021, OCR distributed an update to those on its Privacy List sharing links to alerts and resources for addressing the growing number and size of ransomware incidents. One such resource included a White House memo...more

Bricker Graydon LLP

HIPAA Privacy Rule revisions in 2021

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In December 2020, the Department of Health and Human Services (HHS) announced proposed major revisions to the HIPAA Privacy Rule, which would be the first significant changes to the Privacy Rule since the 2013 Omnibus Rule. ...more

Hogan Lovells

Fifth Circuit Vacates $4.3M Penalty Against MD Anderson Related to Data Losses

Hogan Lovells on

There has been a significant development in the ongoing debate regarding the scope of the authority of the Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) to issue penalties under the Health...more

Bricker Graydon LLP

[Webinar] HIPAA in 2021: Proposed Changes to the Privacy Rule - January 25th, 12:00 pm - 1:00 pm EST

Bricker Graydon LLP on

On December 10, 2020, the Department of Health and Human Services (HHS) announced proposed revisions to the HIPAA Privacy Rule that would significantly impact the day-to-day operations of HIPAA covered entities. In this...more

Bricker Graydon LLP

HHS OCR announces results of most recent round of HIPAA audits

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On December 17, 2020, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) issued its Industry Report on the HIPAA audits it conducted in 2016 and 2017. OCR found widespread noncompliance with...more

Epstein Becker & Green

Data Breaches and HIPAA Enforcement Remain Endemic Amidst the COVID-19 Pandemic

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Recently, the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS), the agency enforcing the Health Insurance Portability and Accountability Act (HIPAA) Privacy, Security, and Breach...more

King & Spalding

Orthopedic Clinic Agrees to $1.5 Million Settlement with OCR and Two-Year Comprehensive Corrective Action Plan

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On September 21, 2020, the HHS Office of Civil Rights (OCR) announced a $1.5 million settlement with Athens Orthopedic Clinic, a Georgia orthopedic clinic, to settle potential violations of the Health Insurance Portability...more

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