Welcome to our second issue of The Health Record - our healthcare law insights e-newsletter!
SCOTUS Agrees to Review Medicare DSH Payments Case -
“The suit, Advocate Christ Medical Center v. Becerra, was originally filed in...more
6/21/2024
/ American Hospital Association et al v Becerra Secretary Of Health And Human Services et al ,
Artificial Intelligence ,
Cybersecurity ,
Data Security ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
Healthcare Reform ,
Hospitals ,
HRSA ,
Medicare Payment Reform ,
Nursing Homes ,
Pharmaceutical Industry ,
Physicians ,
Popular ,
Privacy Laws ,
SCOTUS ,
Technology Sector ,
Telehealth ,
Telemedicine
We are pleased to announce that several of the firm’s practice groups and attorneys were recognized in the 2024 edition of Chambers USA, a directory of leading law firms and attorneys. Chambers and Partners annually...more
6/14/2024
/ Antitrust Provisions ,
Artificial Intelligence ,
Broadband ,
China ,
Communications Act of 1934 ,
Construction Industry ,
CRISPR ,
Cybersecurity ,
Cybersecurity Information Sharing Act (CISA) ,
Data Breach ,
Data Privacy ,
Data Security ,
Department of Health and Human Services (HHS) ,
FCC ,
Federal Trade Commission (FTC) ,
FTC Act ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
Incident Response Plans ,
Machine Learning ,
OCR ,
OSHA ,
Ransomware ,
Reporting Requirements ,
Securities and Exchange Commission (SEC) ,
Sensitive Personal Information ,
Unfair Competition
MIT Report Details New Cybersecurity Risks -
“Cloud misconfigurations, more sophisticated ransomware, and vendor exploitation attacks are contributing to rising cyberattacks.”
Why this is important: Worldwide spending...more
5/14/2024
/ Artificial Intelligence ,
Biometric Information ,
Biotechnology ,
Breach Notification Rule ,
Copyright ,
Critical Infrastructure Sectors ,
Cyber Attacks ,
Cyber Crimes ,
Cybersecurity ,
Data Protection ,
Employees ,
Employer Liability Issues ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
GAO ,
Hackers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Innovative Technology ,
Intellectual Property Protection ,
Life Sciences ,
Machine Learning ,
NATO ,
NIST ,
Non-Compete Agreements ,
Personal Data ,
Policies and Procedures ,
Privacy Laws ,
Regulatory Requirements ,
Restrictive Covenants ,
State Privacy Laws ,
Technology Sector ,
Unfair Competition
You may be Entitled to Financial Compensation…for Your Data -
“Without all of our writings and photos that AI companies are using to train their models, they would have nothing to sell.”
Why this is important: This...more
8/4/2023
/ Algorithms ,
Artificial Intelligence ,
Biotechnology ,
Bots ,
Cryptocurrency ,
Cybersecurity ,
Data Breach ,
Data Deletion ,
Data Privacy ,
Educational Institutions ,
FCC ,
Federal Trade Commission (FTC) ,
Hackers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
Investment ,
Life Sciences ,
Online Platforms ,
PHI ,
Ransomware ,
Ripple ,
School Districts ,
Securities ,
Securities and Exchange Commission (SEC) ,
Technology Sector
Illinois Supreme Court Allows Massive Damages in Biometric Privacy Cases -
“The case involves Ohio-based fast-food company White Castle.”
Why this is important: Illinois has the strictest biometric privacy law in the...more
3/2/2023
/ Acquisitions ,
Biometric Information ,
Biometric Information Privacy Act ,
CEOs ,
Corporate Governance ,
Cryptocurrency ,
Data Collection ,
Data Privacy ,
Department of Defense (DOD) ,
Department of Justice (DOJ) ,
Disclosure Requirements ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
IL Supreme Court ,
Mental Health ,
Popular ,
Privacy Laws ,
Risk Assessment ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
Stablecoins ,
Technology Sector ,
TikTok ,
Universities
Recently, lawsuits have been filed against Duke and WakeMed regarding their use of Meta’s Meta Pixel tracking product and the alleged improper disclosure of patients’ protected health information (“PHI”). The U.S. Department...more
12/21/2022
/ Covered Entities ,
Data Breach ,
Data Collection ,
Department of Health and Human Services (HHS) ,
Disclosure ,
Electronic Protected Health Information (ePHI) ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Breach Notification Rule ,
HIPAA Privacy Rule ,
Notice Requirements ,
OCR ,
PHI ,
Technology ,
Tracking Systems
North Carolina Power Outage Points to Homeland Security Long-Documented Threats to US Power Grid -
“Moore County blackouts serve as reminder that nation’s electricity infrastructure could be vulnerable targets for domestic...more
12/16/2022
/ Advertising ,
Banking Sector ,
Chapter 11 ,
Class Action ,
Consumer Privacy Rights ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Cuba ,
Cybersecurity ,
Data Collection ,
Debt Collection ,
Department of Homeland Security (DHS) ,
Electricity ,
FDIC ,
Federal Trade Commission (FTC) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
Infrastructure ,
Non-Bank Lenders ,
OCR ,
Phishing Scams ,
Power Grid ,
Privacy Laws ,
Ransomware ,
Regulatory Agenda ,
State and Local Government ,
Technology Sector ,
Terrorist Threats ,
Text Messages ,
Threat Management ,
Tracking Systems ,
Unsolicited Advertisements
The PATCH Act: Protecting Medical Devices from Cyber Attacks -
In a previous issue of Decoded, we discussed the alarming fact that many medical devices, including those implanted in patients' bodies, are leaving the...more
6/10/2022
/ Augmented Reality ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Medical Devices ,
Popular ,
Ransomware
War in the Time of Crypto -
"In the Russia-Ukraine conflict, which side is crypto helping? Both."
Why this is important: The world continues to watch Russia's invasion of Ukraine as it dominates news outlets. An...more
3/2/2022
/ Caremark claim ,
CRISPR ,
Cryptocurrency ,
Cyber Attacks ,
Cyber Insurance ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Digital Currency ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HITECH Act ,
IRS ,
Non-Fungible Tokens (NFTs) ,
Ransomware ,
Russia ,
Ukraine ,
Vaccine Passports
Concerning Healthcare Data Breach Reporting Trend -
"There has been a trend in recent years for HIPAA-regulated entities to wait the full 60 days from the date of discovery of the breach to issue notifications to affected...more
2/16/2022
/ Biometric Information Privacy Act ,
Bitcoin ,
Cryptocurrency ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Non-Fungible Tokens (NFTs)
BioPlus Specialty Pharmacy Faces Lawsuit Over Healthcare Data Breach -
"Florida-based BioPlus Specialty Pharmacy allegedly failed to safeguard PII and notify patients of a healthcare data breach that impacted 350K, the...more
2/7/2022
/ Biometric Information ,
Biometric Information Privacy Act ,
Coronavirus/COVID-19 ,
Cryptocurrency ,
Cyber Attacks ,
Cyber Threats ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Supply Chain ,
Technology Sector ,
U.S. Commerce Department
EHR Vendor Breach Lawsuit Seeks Security Improvements -
"Patient portal hacking incident last summer affected nearly 320,000."
Why this is important: On October 22, 2021, QRS Inc., a medical practice management system...more
1/21/2022
/ Cryptocurrency ,
Cybersecurity ,
Data Protection ,
Data Security ,
Department of Health and Human Services (HHS) ,
Food and Drug Administration (FDA) ,
Hackers ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Medical Devices ,
Nanotechnology ,
Stablecoins ,
Tesla
Athletic Fashion Dispute in Race to Courthouse -
Lululemon and Peloton are suing each other over clothing design patents and trade dress. Specifically, the case involves designs for athletic bras and leggings. Peloton won...more
With COVID-19, employers are receiving and processing an ever-increasing amount of their employees' confidential health information. From COVID-19 test results to vaccination status, many employers are routinely collecting...more
11/17/2021
/ Americans with Disabilities Act (ADA) ,
Breach Notification Rule ,
Confidential Information ,
Coronavirus/COVID-19 ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Health Insurance Portability and Accountability Act (HIPAA) ,
OSHA ,
PA Supreme Court ,
PHI ,
Popular ,
Vaccinations
In April 2019, with the introduction of House Bill 904, a bi-partisan effort was made to strengthen cyber security in North Carolina. H.B. 904 seeks to make North Carolina's Identity Theft Protection Act one of the strongest...more
7/24/2020
/ Attorney's Fees ,
Compensatory Damages ,
Cybersecurity ,
Data Breach ,
Electronically Stored Information ,
Failure To Protect ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Identity Theft Prevention Program ,
Personal Information ,
Popular ,
Private Right of Action ,
Proposed Amendments ,
State Legislatures ,
Treble Damages ,
Unfair or Deceptive Trade Practices
As the COVID-19 pandemic continues, many states now are requiring mandatory testing of residents and employees of skilled nursing and assisted living facilities, including West Virginia, South Carolina, and Florida. Other...more
5/15/2020
/ Americans with Disabilities Act (ADA) ,
Assisted Living Facilities (ALFs) ,
Civil Liability ,
Compliance ,
Confidential Information ,
Coronavirus/COVID-19 ,
Electronic Protected Health Information (ePHI) ,
Employee Privacy Rights ,
Employee Training ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Privacy Rule ,
Infectious Diseases ,
Mandatory Requirements ,
Patient Privacy Rights ,
Reporting Requirements ,
Risk Assessment ,
Risk Mitigation ,
Skilled Nursing Facility ,
Virus Testing