News & Analysis as of

Confidential Information Electronic Medical Records

Quarles & Brady LLP

Substance Abuse Disorder Records (42 CFR Part 2) Final Rule Is Here!

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The U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) and Substance Abuse and Mental Health Services Administration (SAMHSA) released its anticipated Final Rule last week. The Final Rule revises...more

Jackson Lewis P.C.

Hospital Mergers Double the Risk of a Data Breach, Study Shows

Jackson Lewis P.C. on

The healthcare sector is a prime target for data breaches. According to a summary by the HIPAA Journal, 32% of all data breaches between 2015 and 2022 were in the healthcare sector, “almost double the number recorded in the...more

Allen Matkins

California Secretary Of State Inadvertently Releases Records Of Forced Sterilizations

Allen Matkins on

The first law signed by California's first Governor, Peter Burnett, was the The Act Concerning the Public Archives (Chapter 1, Statutes of 1850). The act instructed the Secretary of State, William Van Voorhies, to classify...more

Baker Donelson

Sitting with the C-Suite: Looking Ahead to Potential Compliance Issues Due to COVID-19

Baker Donelson on

Ian Campbell, the President and CEO of iCONECT, has a design background and, prior to founding iCONECT, he worked in advertising and founded his own agency. In 2012 iCONECT launched its flagship review product, Xera, which...more

Bricker Graydon LLP

Big tech’s access to medical records

Bricker Graydon LLP on

Recent high-profile news articles have drawn public attention to large technology companies’ access to medical information. As a result, health care entities need to prepare for questions about this topic and increased...more

Troutman Pepper

Google Health's Partnerships Raise Privacy Concerns

Troutman Pepper on

Google Health’s Partnerships Raise Privacy Concerns - Recently, Google has been at the center of privacy concerns due to its health- sharing collaborations with the University of Chicago Medical Center (the Medical Center)...more

K&L Gates LLP

K&L Gates Triage: The Opioid Epidemic & the Confidentiality of Substance Use Disorder Records: an Update on 42 CFR Part 2 - Part 1...

K&L Gates LLP on

This episode is the first in a series focusing on recent efforts by the Substance Abuse and Mental Health Services Administration (SAMHSA) to update 42 C.F.R. Part 2 (Part 2) regulations related to the confidentiality of...more

Polsinelli

HIPAA-Covered Entities: It’s Time to Cover Yourself - Are you prepared for Colorado’s new data breach law to take effect?

Polsinelli on

On May 29, 2018, Colorado Governor John Hickenlooper signed changes to Colorado law that significantly increase potential data breach burdens and financial penalties on entities operating in Colorado.1 Beginning September 1,...more

Burr & Forman

Your Confidential Employment Information Is Safe Under Tennessee's Uniform Fiduciary Access to Digital Assets Act

Burr & Forman on

On July 1, 2016, Tennessee’s Revised Uniform Fiduciary Access to Digital Assets Act went into effect.  The Act grants fiduciaries authority to access a decedent’s digital assets.  As a result, executors, trustees, powers of...more

Cole Schotz

Think You Have Insurance Against Claims for Disclosure of Confidential Information? You May Want to Check Again

Cole Schotz on

Are you relying on your insurance policy to cover unauthorized or unintended electronic disclosure of confidential information? If so, you may want to take a closer look at your policy with an eye towards objections to...more

McCarter & English, LLP

Fourth Circuit Finds Insurer Must Defend Data Breach Claims Against Its Insured Under Its Standard CGL Policy

Commercial General Liability policies have, for several decades, included advertising and personal injury coverage. Such coverage is afforded for injury caused by various enumerated offenses, including breach of privacy....more

Foley & Lardner LLP

Recent Enforcement Shows the Importance of Encrypting Mobile Devices Containing Protected Health Information

Foley & Lardner LLP on

With headlines every day announcing another release of Protected Health Information (PHI), providers are asking themselves – is there a way to protect against these breaches? Beyond improving the security of large...more

King & Spalding

California State Auditor Report Reveals Weaknesses In Golden State’s Information Systems

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Elaine M. Howle, the California State Auditor (“CSA”), released a report on August 25, 2015 on the results of her office’s audit of controls in the state’s information systems. The results of the audit generally were grim,...more

King & Spalding

Also In the News - Data, Privacy, & Security Practice Report - July 2015 #2

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FCC Working Group Issues Report On Cybersecurity Best Practices – The June 2015 issue of the Intellectual Property & Technology Law Journal features an article by King & Spalding partner Steven Snyder on a Federal...more

Carlton Fields

If a Tree Falls on the Internet … An Insurer Has a Duty to Defend

Carlton Fields on

Legal bloggers sometimes ask themselves: If my post appears on the Internet, but there’s no evidence anyone has read it, have I been published? The question has not yet been finally resolved among law firm compensation...more

Bradley Arant Boult Cummings LLP

Privacy and Security Alert: January 9th, 2014

On December 5, 2013, the Office of Inspector General (OIG) reported on the Office for Civil Rights’ (OCR) compliance as of May 2011 with oversight and enforcement of the Security Rule and compliance with federal cybersecurity...more

Mintz - Privacy & Cybersecurity Viewpoints

Hiding in plain sight: Failure to scrub patient data from digital copiers returned to leasing company results in $1.2 million...

We’ve sounded warnings about the lowly copy machine before. The proliferation of digital devices in the workplace means that data security must extend beyond computer networks and laptops. Seemingly old fashioned equipment,...more

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