On March 18, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) released updated guidance to “increase clarity” for entities regulated by the Health Insurance Portability and Accountability...more
As of March 31, 2024, Nevada’s state consumer health data law, Senate Bill No. 370 (SB 370), enters the state-level consumer health data privacy fray. Similar to Washington’s My Health My Data Act (MHMDA), SB 370 focuses on...more
3/21/2024
/ Consumer Privacy Rights ,
Data Collection ,
Data Privacy ,
Data Protection ,
Healthcare ,
New Regulations ,
Personal Data ,
Personal Information ,
Privacy Laws ,
State and Local Government ,
State Privacy Laws
On February 8, 2024, the U.S. Department of Health & Human Services, through the Substance Abuse and Mental Health Services Administration and the Office for Civil Rights (collectively, HHS), issued a Final Rule that amends...more
3/1/2024
/ Confidential Information ,
Consent ,
Effective Date ,
Final Rules ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Breach Notification Rule ,
Notice Requirements ,
OCR ,
Patient Privacy Rights ,
Substance Abuse
Washington’s My Health My Data Act (MHMDA) was enacted in an effort to close a perceived gap in privacy protection for consumer health data. MHMDA’s focus on consumer health data and right of private action deviate from...more
2/5/2024
/ Consent Agreements ,
Data Collection ,
Data Selling ,
Data-Sharing ,
Enforcement ,
Families First Coronavirus Response Act (FFCRA) ,
FERPA ,
Gramm-Leach-Blilely Act ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
Mental Health ,
PHI ,
Privacy Laws ,
Small Business ,
Summary of Consumer Rights
In response to the number of successful, large-scale ransomware attacks affecting healthcare organizations nearly tripling since 2018, the Department of Health and Human Services (HHS) has released guidance outlining its...more
1/30/2024
/ Cybersecurity ,
Data Protection ,
Data Security ,
Department of Health and Human Services (HHS) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
Healthcare Reform ,
Homeland Security Cybersecurity & Infrastructure Security Agency (CISA) ,
New Guidance ,
Popular ,
Regulatory Agenda
On December 13, the Office of the National Coordinator for Health Information Technology (ONC), which is part of the Department of Health and Human Services (HHS), finalized changes to the information blocking rules by...more
In 2020, when the U.S. Department of Health and Human Services (HHS) published its Final Rule to implement the information blocking prohibitions of the 21st Century Cures Act, HHS left healthcare providers wondering what...more
11/2/2023
/ 21st Century Cures Act ,
ACOs ,
Centers for Medicare & Medicaid Services (CMS) ,
Department of Health and Human Services (HHS) ,
Enforcement Actions ,
Health Care Providers ,
Health Clinics ,
Health Information Technologies ,
Healthcare ,
Healthcare Reform ,
Hospitals ,
Information Blocking Rules ,
OIG ,
ONC ,
Proposed Rules
On April 13, the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR) released a Notice of Proposed Rulemaking (NPRM) to amend the HIPAA Privacy Rule, 45 C.F.R. Part 160 and Part 164, Subparts A...more
4/18/2023
/ Comment Period ,
Covered Entities ,
Department of Health and Human Services (HHS) ,
Dobbs v. Jackson Women’s Health Organization ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Privacy Rule ,
NPRM ,
OCR ,
Patient Privacy Rights ,
PHI ,
Public Comment ,
Reproductive Healthcare Issues
QR (Quick Response) codes, have become ubiquitous – they can be found on billboards, buses, email, snail mail, magazine pages, restaurant menus, company websites, business cards, church bulletins, stadium jumbotrons, and...more
On April 28, the U.S. Department of Health and Human Services, Office for Civil Rights (OCR) entered into a resolution agreement with Peachstate Health Management, LLC, doing business as AEON Clinical Laboratories...more
5/27/2021
/ Covered Entities ,
Department of Health and Human Services (HHS) ,
Due Diligence ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Breach ,
HIPAA Privacy Rule ,
Holding Companies ,
Noncompliance ,
OCR ,
PHI ,
Private Equity Firms ,
Settlement ,
Telehealth
On December 10, 2020, the U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) released a notice of proposed rulemaking (NPRM) to amend the Standards for the Privacy of Individually Identifiable Health...more
1/5/2021
/ Caregivers ,
Family Members ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Privacy Rule ,
Information Sharing ,
Notice of Privacy Practices ,
NPRM ,
OCR ,
PHI ,
Proposed Amendments ,
Proposed Rules ,
Right-To-Access ,
Value-Based Care
The Cybersecurity and Infrastructure Security Agency (CISA), the Federal Bureau of Investigation (FBI), and the Department of Health and Human Services (HHS) recently issued a Joint Cybersecurity Advisory in light of...more
12/23/2020
/ Coronavirus/COVID-19 ,
Cyber Crimes ,
Cybersecurity ,
Cybersecurity Information Sharing Act (CISA) ,
Data Breach ,
Department of Health and Human Services (HHS) ,
FBI ,
Health Care Providers ,
Healthcare Facilities ,
Hospitals ,
Ransomware
In a coordinated effort, on November 27, 2020, the Centers for Medicare & Medicaid Services (CMS) and the Office of Inspector General (OIG) published final rules to modernize regulations implementing the federal...more
12/22/2020
/ Anti-Kickback Statute ,
Centers for Medicare & Medicaid Services (CMS) ,
Civil Monetary Penalty ,
Final Rules ,
Health Care Providers ,
New Value Exception ,
OIG ,
Pharmacy Benefit Manager (PBM) ,
Physicians ,
Rebates ,
Safe Harbors ,
Stark Law ,
Technology Sector
On March 9, the Centers for Medicare and Medicaid Services (CMS) finalized its Interoperability and Patient Access Rule (Interoperability Rule), which aims to enhance patients’ control over their healthcare information. As...more
6/4/2020
/ Centers for Medicare & Medicaid Services (CMS) ,
Conditions of Participation (CoP) ,
Electronic Medical Records ,
Health Care Providers ,
Health Information Technologies ,
Hospitals ,
Information Blocking Rules ,
Medical Records ,
Medicare ,
Patient Access ,
Personally Identifiable Information ,
Request For Information
This content was originally published on March 25, 2020. It was last updated as of Tuesday, May 26, 2020 at 5:00 p.m. CST.
In the advent of the COVID-19 public health emergency, many states acted to implement stay at home...more
On March 9, 2020, the U.S. Department of Health and Human Services (HHS) published final rules to implement the information blocking prohibitions of the 21st Century Cures Act (Information Blocking Rules). The Information...more
On May 7, Republican members of the Senate Commerce, Science and Transportation Committee formally introduced the COVID-19 Consumer Data Protection Act of 2020 (the Act), which would put temporary rules in place regarding the...more
This content was originally published on March 25, 2020. It was last updated as of Monday, May 11, 2020 at 5:00 p.m. CST.
In the advent of the COVID-19 public health emergency, many states acted to implement stay at home...more
This content was originally published on March 25, 2020. It was last updated as of Tuesday, April 28, 2020 at 5:00 p.m. CST.
As we continue to live with the COVID-19 public health emergency, several states have acted over...more
This content was originally published on March 25, 2020. It was last updated as of Monday, April 20, 2020 at 5:00 p.m. CST.
As we continue to live with the COVID-19 public health emergency, several states have acted over the...more
This content was originally published on March 25, 2020. It was last updated as of Wednesday, April 8, 2020 at 5:00 p.m. CST.
As we continue to live with the COVID-19 public health emergency, several states have acted over...more
*this content was last updated as of Monday, March 23 at 12:00 p.m. CST -
As we continue to live with the COVID-19 public health emergency, several states have acted over the course of the last week to implement stay at home...more
Following President Trump’s proclamation on March 13, 2020, that the COVID-19 pandemic in the United States constitutes a national emergency, the Department of Health and Human Services (HHS) issued a Waiver or Modification...more
Responding to the COVID-19 national public health emergency, on March 13, 2020, the Secretary of the U.S. Department of Health and Human Services (HHS) exercised the authority granted by Section 1135 of the Social Security...more
3/18/2020
/ Coronavirus/COVID-19 ,
Covered Entities ,
Department of Health and Human Services (HHS) ,
Employee Privacy Rights ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Patient Privacy Rights ,
PHI ,
Popular ,
State of Emergency ,
Telehealth ,
Waivers
On November 15, 2019, the Centers for Medicare & Medicaid Services (CMS) finalized a rule requiring hospitals to make public a list of standard charges for items and services provided by such hospitals (the Rule). (The...more
11/27/2019
/ Centers for Medicare & Medicaid Services (CMS) ,
Disclosure Requirements ,
Final Rules ,
Health Care Providers ,
Health Plan Sponsors ,
Healthcare ,
Healthcare Costs ,
Hospitals ,
Physicians ,
Price Transparency ,
Proposed Rules ,
Public Health Service Act