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Array

This Week in eDiscovery: The Cost of Securing Sensitive Data, Responding to Discovery Issues

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Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of August 19-25. Here’s what’s...more

Dickinson Wright

2024 Revisions to Part 2: Key Changes, Impact, and Compliance Tips

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Previously published in Healthcare News and Healthcare Michigan. On February 8, 2024, the Department of Health and Human Services (HHS) finalized revisions to 42 CFR Part 2. Read on to learn more about Part 2, the changes,...more

Jones Day

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

Jones Day on

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

Hinch Newman LLP

Recent FTC Settlement a Reminder of Agency Focus on Disclosing Health Information to Third-Parties

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On April 11, 2024, the Federal Trade Commission announced that it has banned an alcohol addiction treatment firm from disclosing health data for advertising purposes in order to settle agency charges that the company shared...more

Mintz - Health Care Viewpoints

HIPAA Privacy Protections for PHI related to Reproductive Health Care: The Final Rule and what Covered Entities and Business...

Earlier this week, the Biden-Harris Administration, through the Office for Civil Rights (OCR) announced a Final Rule aimed at protecting protected health information (PHI) related to lawfully provided reproductive health care...more

Husch Blackwell LLP

Five Important Things to Consider When You Receive a Third-Party Subpoena

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So, you’ve received a third-party subpoena. Now what? A third-party subpoena is the procedural mechanism that allows parties in litigation to obtain evidence from non-party individuals and/or entities. For federal cases,...more

McDermott Will & Emery

HHS’s CARES Act Final Rule Better Aligns Part 2 Substance Use Disorder Patient Records Confidentiality Regulations with HIPAA

McDermott Will & Emery on

On February 8, 2024, the US Department of Health and Human Services (HHS) Office for Civil Rights (OCR) and Substance Abuse and Mental Health Services Administration (SAMHSA) jointly issued a final rule to amend the...more

Jackson Lewis P.C.

AI Notetakers – Evaluating the Risks Along with the Benefits

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The explosion of generative AI has spawned a wide range of personal and professional tools and applications. One noteworthy (no pun intended) example of those tools and applications is notetakers that can capture, transcribe,...more

U.S. Legal Support

The Benefits of Medical Records Retrieval Outsourcing

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From cases involving car crashes to employee termination disputes, there are countless reasons for legal professionals to require access to a client’s medical, employment, financial, and other records. What’s more, these...more

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

Holland & Knight LLP

Substance Use Disorder Confidentiality Regulations Modified to Align with HIPAA

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After more than a year since the U.S. Department of Health and Human Services' (HHS) Office for Civil Rights (OCR) and Substance Abuse and Mental Health Services Administration (SAMHSA) issued the proposed changes to the...more

Mintz - Health Care Viewpoints

New York State Prepares to Regulate Hospital Cybersecurity Programs

On November 13, 2023, Governor Kathy Hochul announced plans to regulate cybersecurity for New York general hospitals regulated under Article 28 of the Public Health Law. As proposed, the regulations will provide an additional...more

K2 Integrity

A Strong Foundation: Safeguarding The Construction Industry In The Digital Age

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The adoption of new and advanced technologies has allowed for a digital transformation across business industries. Infrastructure and services supported by technologies such as artificial intelligence (AI), advanced analytics...more

Nelson Mullins Riley & Scarborough LLP

EMA Finalizes Guidance on Safeguarding PPD and CCI in Clinical Trial Filings in the European Economic Area (EEA)

The European Medicines Agency (EMA) published Version 1.1 of its “Guidance on how to approach the safeguarding of personal protected data (“PPD”) and commercially confidential information (“CCI”) while using the Clinical...more

Console and Associates, P.C.

Mount Desert Island Hospital Notifies 24,180 of Data Breach Involving Leaked Social Security Numbers

On June 30, 2023, Mount Desert Island Hospital (“MDIH”) filed a notice of data breach with the U.S. Department of Health and Human Services Office for Civil Rights after discovering that an unauthorized party had gained...more

Console and Associates, P.C.

ARx Patient Solutions Files Notice of Data Breach Affecting 41,116 Individuals Following Compromised Email Account

On June 30, 2023, ARx Patient Solutions filed a notice of data breach with the Attorney General of Maine after discovering that an employee’s M365 email account was accessed by an unauthorized party. In this notice, ARx...more

Reveal

Data Classification Policy: What it is and How it Can Boost Your Information Governance Efforts

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An estimated 82% of the data breaches that occurred in 2022 involved human error or intentional misconduct. That’s why organizations need to be diligent in protecting their data from both internal and external threats. One...more

Davis Wright Tremaine LLP

Connecticut Expands Regulation of Consumer Data Privacy

The Connecticut legislature passed and the governor recently signed amendments to the Connecticut Data Privacy Act (CTDPA), the state's comprehensive consumer data privacy law, which goes into effect July 1, 2023. Some...more

U.S. Legal Support

What Law Firms Should Know About HIPAA Compliance

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A legal case that involves any type of injury, illness, or healthcare means accessing medical records, either for your client or the opposition. Regardless of whether you use them for direct evidence or background...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Tractor Supply Company for Disability Discrimination

Employer Disclosed Employee’s Confidential Medical Information, Harassed Her, Retaliated Against Her and Fired Her for Complaining, Federal Agency Charges - BIRMINGHAM, Ala. – Hattiesburg, Mississippi-based Tractor Supply...more

Spilman Thomas & Battle, PLLC

Protecting Employees' Private Health Information from a Cyberattack in the Age of COVID-19

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

Fisher Phillips

Is Asking an Employee if They’re Vaccinated a HIPAA Violation? What Employers Need to Know

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“Are you fully vaccinated?” This seems to have become a million-dollar question that employers want to pose to their workers, but confusion abounds regarding the legal contours of this deceptively dangerous question. Many...more

Sheppard Mullin Richter & Hampton LLP

HIPAA and COVID-19 Vaccination Status: The Office of Civil Rights Issues Workplace Guidance

“The guidance reminds the public that the HIPAA Privacy Rule does not apply to employers or employment records.” On September 30, 2021, the U.S. Department of Health and Human Services (“HHS”) Office for Civil Rights...more

Wyrick Robbins Yates & Ponton LLP

The California Attorney General's Settlement with Glow: A Wake-Up Call for Consumer Health App Developers

Consumer-directed health apps are experiencing a boom thanks to COVID-19, as consumers seeking to avoid doctors’ office waiting rooms are increasingly relying on apps to measure and maintain their health.  That trend is...more

Steptoe & Johnson PLLC

HIPAA Right to Access Failures – Continued Penalties for Providers

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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

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