Big Picture -
Last week, Texas AG Ken Paxton (R) sued the Department of Health and Human Services (HHS), alleging that the new HHS final rule amending HIPAA regulations to strengthen protections for reproductive health...more
This year, the federal government has made significant changes to longstanding health care privacy rules, while state lawmakers continue to enact privacy restrictions on consumer health data. These reforms modify legal...more
6/26/2024
/ Breach Notification Rule ,
Code of Federal Regulations (CFR) ,
Consumer Privacy Rights ,
Continuing Legal Education ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Department of Health and Human Services (HHS) ,
Electronic Protected Health Information (ePHI) ,
Enforcement Priorities ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Health Technology ,
Medical Records ,
Patient Privacy Rights ,
PHI ,
Popular ,
Privacy Laws ,
Reproductive Healthcare Issues ,
Substance Abuse ,
Web Tracking ,
Webinars
Since becoming aware of the cyberattack on Change Healthcare in late February, the Centers for Medicare & Medicaid Services (CMS) has announced a number of flexibilities to support affected providers that have experienced...more
Last week, the Department of Health and Human Services (HHS) released a final rule intended to implement a 2020 modification to the federal substance use disorder (SUD) privacy statute. The final rule more closely aligns the...more
2/14/2024
/ Controlled Substances ,
Department of Health and Human Services (HHS) ,
Drug & Alcohol Abuse ,
Electronic Health Record Incentives ,
Final Rules ,
Health Care Providers ,
Healthcare ,
HIPAA Breach ,
HITECH Act ,
Pain Management ,
Patient Privacy Rights ,
Pharmaceutical Industry ,
PHI ,
Prescription Drugs ,
Regulatory Reform ,
Substance Abuse
Editor’s Note: Manatt Health conducted a survey of all 34 states in which abortion is legal as of November 7, 2023, broadly classifying them based on their Medicaid coverage policies, private or exchange-based insurance...more
1/11/2024
/ Abortion ,
Dobbs v. Jackson Women’s Health Organization ,
Equal Protection ,
Health Insurance ,
Healthcare ,
Human Rights ,
Life Sciences ,
Patient Access ,
Pregnancy ,
Reproductive Healthcare Issues ,
Roe v Wade ,
SCOTUS ,
Women's Rights
This week, the U.S. Department of Health and Human Services (HHS) took its first step in actually regulating the use of artificial intelligence (AI) in health care. Through its Office of the National Coordinator for Health...more
Last week, California Governor Gavin Newsom signed a package of legislation intended to strengthen the state’s shield laws, which provide protections to patients receiving and providers rendering reproductive health services,...more
10/4/2023
/ Abortion ,
California ,
Confidential Information ,
Electronic Protected Health Information (ePHI) ,
Equal Protection ,
Healthcare ,
Healthcare Reform ,
Human Rights ,
New Legislation ,
Patient Access ,
Pregnancy ,
Reproductive Healthcare Issues ,
Women's Rights
Since the Supreme Court overturned Roe v. Wade and states became responsible for abortion protections, a patchwork of laws has been passed across the United States. Some states have strengthened their protections to promote...more
Since the Supreme Court overturned Roe v. Wade and states became responsible for abortion protections, a patchwork of laws has been passed across the United States. Some states have strengthened their protections and promoted...more
9/6/2023
/ Abortion ,
Continuing Legal Education ,
Dobbs v. Jackson Women’s Health Organization ,
Health Care Providers ,
Patient Privacy Rights ,
Pregnancy ,
Professional Liability ,
Reproductive Healthcare Issues ,
Roe v Wade ,
Shield Laws ,
Webinars
With recent events underscoring the Federal Trade Commission’s (FTC) heightened scrutiny of and enforcement efforts against health app companies collecting or using consumer health information, it's imperative for these same...more
9/5/2023
/ Best Practices ,
Breach Notification Rule ,
Continuing Legal Education ,
Contract Drafting ,
Contract Negotiations ,
Data Breach ,
Data Collection ,
Data Privacy ,
Data Security ,
Data-Sharing ,
Due Diligence ,
Electronic Protected Health Information (ePHI) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Mobile Health Apps ,
Notification Requirements ,
Privacy Policy ,
Proposed Rules ,
Service Agreements ,
Terms of Service ,
Third-Party Risk ,
Webinars
More than three years after the federal government issued rules to prohibit “information blocking,” penalties for violating those rules are taking effect. September 1 marks the first day on which certain entities may face...more
After a COVID-19-related delay, on June 27, the Department of Health and Human Services (HHS) Office of Inspector General (OIG) released a long-awaited final rule that establishes monetary penalties for violations of health...more
The Federal Trade Commission (FTC) continues to expand its regulation of health care data to ensure the data remains protected when shared with consumer-facing applications....more
6/16/2023
/ Breach Notification Rule ,
Comment Period ,
Data Breach ,
Data Collection ,
Data Protection ,
Digital Health ,
Electronic Medical Records ,
Federal Trade Commission (FTC) ,
Notice of Proposed Rulemaking (NOPR) ,
PHI ,
Proposed Amendments ,
Proposed Rules ,
Regulatory Agenda ,
Regulatory Reform
It has been two years since the Centers for Medicare & Medicaid Services (CMS) and Office for the National Coordinator of Health Information Technology (ONC) Final Rules on Interoperability and Information Blocking took...more
4/26/2023
/ Best Practices ,
Centers for Medicare & Medicaid Services (CMS) ,
Continuing Legal Education ,
Data-Sharing ,
Electronic Medical Records ,
Electronic Protected Health Information (ePHI) ,
Health Care Providers ,
Information Blocking Rules ,
Medical Records ,
New Legislation ,
New Rules ,
ONC ,
PHI ,
Webinars
Last week, the FTC announced settlements in two health-related proceedings: the first regarding company adherence to privacy practices regarding sensitive health data and the second surrounding false and deceptive...more
3/9/2023
/ Breach Notification Rule ,
Consumer Privacy Rights ,
Data Breach ,
Data Privacy ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Health Claims ,
Healthcare ,
Popular ,
Targeted Digital Advertising ,
Unfair or Deceptive Trade Practices
Hospitals, health systems and providers are targets of cyberattacks, putting valuable patient data and, more importantly, patient lives at risk. The Department of Health and Human Services’ Office of Civil Rights reported an...more
2/22/2023
/ Continuing Legal Education ,
Cyber Attacks ,
Cyber Threats ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Data Security ,
Digital Health ,
Electronic Protected Health Information (ePHI) ,
Health Care Providers ,
Healthcare Facilities ,
Hospitals ,
Patient Safety ,
Popular ,
Ransomware ,
Risk Mitigation ,
Webinars
The Federal Trade Commission (FTC) announced yesterday that it has brought its first-ever enforcement action under its Health Breach Notification Rule, against digital health platform GoodRx Holdings, Inc. This follows the...more
An increasing amount of consumer health data today is collected through wearables, apps, websites and online services that fall outside of the health care system. The vast majority of this information is not protected by the...more
1/25/2023
/ Continuing Legal Education ,
Data Collection ,
Data Privacy ,
Data Protection ,
Electronic Protected Health Information (ePHI) ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Patient Privacy Rights ,
PHI ,
Privacy Laws ,
Webinars