News & Analysis as of

Confidential Information Medical Records HIPAA Privacy Rule

Jones Day

U.S. District Court Invalidates HHS Guidance Overreading HIPAA's Application to Online Technologies

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On June 20, 2024, a U.S. federal district court held, in a suit brought by Jones Day, that the Department of Health and Human Services ("HHS") had misapplied the Health Insurance Portability and Accountability Act ("HIPAA")...more

Bricker Graydon LLP

Biddle claims are here to stay, the Ohio Supreme Court holds

Bricker Graydon LLP on

On December 15, 2020, in Menorah Park v. Rolston, the Ohio Supreme Court declined to overturn Biddle v. Warren Gen. Hosp., 86 Ohio St.3d 395 (1999). As a result of this decision, providers will remain subject to liability...more

Steptoe & Johnson PLLC

HIPAA Right to Access Failures – Continued Penalties for Providers

Steptoe & Johnson PLLC on

Under the HIPAA Privacy Rule, individuals have a right to timely access their medical records at a reasonable cost. With some exceptions, a health care provider must provide those records without reasonable delay and within...more

Chambliss, Bahner & Stophel, P.C.

New Guidance for Protecting Student Health Care Information

On December 19, 2019, the U.S. Department of Health and Human Services (HHS) and the U.S. Department of Education (DOE) provided new joint guidance on the release of certain student records. In summary, this HHS/DOE release...more

McDermott Will & Emery

SAMHSA Proposed Rule Would Reduce Barriers to Care Coordination

McDermott Will & Emery on

SAMHSA has released a long-awaited proposed rule that would modify the federal regulations at 42 CFR Part 2 (Part 2) governing the confidentiality of substance use disorder (SUD) patient records created by federally assisted...more

Mintz - Health Care Viewpoints

Part 2 Proposed Rule Brings Clarity and Reduces Regulatory Burdens for Substance Use Disorder Providers, but Challenges Remain

On August 22, the Substance Abuse and Mental Health Services Administration (“SAMHSA”) announced a new proposed rule (the “Proposed Rule”) amending 42 CFR part 2 (“Part 2”), which is aimed at protecting patient records...more

K&L Gates LLP

K&L Gates Triage: Opioid Epidemic: Recent HIPAA Guidance – What Does It Mean?

K&L Gates LLP on

In the second episode of our series on the national opioid crisis, Gina Bertolini discusses the overlay of recent guidance concerning privacy laws such as the Health Insurance Portability and Accountability Act (HIPAA) and...more

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