News & Analysis as of

Covered Entities New Guidance

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

Moore & Van Allen PLLC

New OCR Guidance on Tracking Technologies

Moore & Van Allen PLLC on

On March 18, 2024, the Office for Civil Rights ("OCR") at the U.S. Department of Health and Human Services ("HHS") published updated guidance on the use of online tracking technologies by HIPAA covered entities and business...more

BakerHostetler

OCR’s October Initiatives: Strengthening Telehealth Security and HIPAA Compliance

BakerHostetler on

October has been a busy month for the OCR, which is tasked with enforcing the regulations issued under HIPAA. In the past week, the OCR released two new guidance documents aimed at reducing the privacy and security risks...more

BakerHostetler

OCR Guidance on Use of Tracking Technologies Warrants Review of Website Tech

BakerHostetler on

The U.S. Department of Health and Human Services Office for Civil Rights (OCR) issued guidance regarding covered entities’ and business associates’ use of tracking technologies (the Guidance). As discussed in greater detail...more

Bricker Graydon LLP

Are you regulated under HIPAA? Ensure your website or app’s user tracking is HIPAA compliant

Bricker Graydon LLP on

On December 1, 2022, the Centers for Medicare and Medicaid Services’ Office of Civil Rights (OCR) issued new guidance to covered entities and business associates regarding website and application user data tracking and how...more

Hogan Lovells

Not so fast: HHS OCR warns that HIPAA applies to online tracking technologies

Hogan Lovells on

Covered Entities and Business Associates must comply with HIPAA in their use of online tracking technologies, including cookies, pixels or similar code. The U.S. Department of Health and Human Services (HHS), Office for Civil...more

Pullman & Comley - Connecticut Health Law

Factors for Connecticut Health Providers to Consider When Responding to “Required by Law” Requests for Disclosure of Protected...

In June 2022, the HHS Office for Civil Rights issued new HIPAA Privacy Rule Guidance in response to the Supreme Court’s decision in Dobbs v Jackson Women’s Health Organization and state legislation which followed the decision...more

BakerHostetler

HHS and DOJ Issue Joint Guidance on Nondiscriminatory Telehealth Practices

BakerHostetler on

​​​​​​​To coincide with the 32nd anniversary of the Americans with Disabilities Act (ADA), the Department of Health and Human Services Office for Civil Rights (OCR) and the Department of Justice’s Civil Rights Division (CRT)...more

WilmerHale

The Biden Administration’s Guidance on Risks to Privacy of Reproductive Health Information Post-Dobbs

WilmerHale on

Following the Supreme Court’s ruling overturning Roe v. Wade in Dobbs v. Jackson Women’s Health Organization, the Biden Administration has outlined a framework for federal executive action designed to protect access to...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

HHS Issues Guidance on Post-Dobbs Protections Under HIPAA Privacy Rule

Many states have enacted or revived statutes limiting or barring access to abortion in the wake of the Supreme Court of the United States’ ruling in Dobbs v. Jackson Women’s Health Organization and further legislative or...more

BakerHostetler

Dobbs Triggers Significant Healthcare and Privacy Law Concerns and Confusion

BakerHostetler on

To help guide entities through the significant confusion and changes that will be evolving for the next several years, BakerHostetler has assembled the Dobbs Decision Task Force (DDTF), led by attorneys in five major areas...more

BakerHostetler

Office for Civil Rights Provides HIPAA Privacy Rule on Disclosures of Information Relating to Reproductive Healthcare

BakerHostetler on

On June 29, in response to the U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, the U.S. Department of Health & Human Services Office for Civil Rights (HHS OCR) issued guidance on when entities...more

Perkins Coie

NYC Releases Detailed Guidance Regarding Vaccine Mandate

Perkins Coie on

Further to New York City Mayor Bill DeBlasio’s December 6, 2021 announcement, the New York City Department of Health has now released detailed guidance regarding the vaccine mandate for private employers. Specifically,...more

Ervin Cohen & Jessup LLP

HHS Issues Guidance on HIPAA Privacy Rule and COVID-19 Vaccinations

Ervin Cohen & Jessup LLP on

On September 30, 2021, the U.S. Department of Health and Human Services (“HHS”) Office of Civil Rights issued guidance to help the public and employers understand what privacy rules apply to disclosures and requests for...more

Ruder Ware

HIPAA and COVID-19 – OCR Publishes Online Guidance on the Application of HIPAA

Ruder Ware on

The Office of Civil Rights (“OCR”), which is the federal agency that enforces the health care privacy rules under the Health Insurance Portability and Accountability Act (“HIPAA”), recently published guidance covering various...more

Foley Hoag LLP - Medicaid and the Law

The 340B Contract Pharmacy Saga

We are back again with another 340B post. The 340B program has recently been a regular feature on the blog in the context of ongoing litigation discussed here and here. Today, we wanted to provide readers the details of an...more

McDermott Will & Emery

OCR Issues New HIPAA Guidance for Covered Entities Contacting Recovered COVID-19 Patients for Plasma Donations

McDermott Will & Emery on

The United States Department of Health and Human Services Office for Civil Rights (OCR) recently issued updated guidance on contacting former COVID-19 patients about blood plasma donation in light of the privacy protections...more

Hinshaw & Culbertson - Consumer Crossroads

Another Cybersecurity Wake Up Call: Connecticut Insurance Department Issues Guidance on Cyber Law Set to go Into Effect

Covered entities received two cybersecurity wake up calls from insurance regulators this month. As we have reported, the New York State Department of Financial Services (DFS) issued its long-awaited first cyber enforcement...more

Baker Donelson

Coronavirus: HRSA Issues Guidance Outlining Flexibility to 340B Providers

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The Health Resources and Services Administration's (HRSA) Office of Pharmacy Affairs (OPA) has created a COVID-19 Resources page on its website providing information for 340B drug pricing program stakeholders. In particular,...more

Lathrop GPM

OCR Issues Guidance to Assist Health Care Providers in the Age of the Coronavirus

Lathrop GPM on

As a result of the novel Coronavirus pandemic, the Office for Civil Rights (OCR) recently issued several pieces of guidance to help HIPAA covered entities and their business associates to best address how patient information...more

Franczek P.C.

Is My Public School, Private School, or College or University Subject to the HIPAA Privacy Rule? Revised Federal Guidance Provides...

Franczek P.C. on

School leaders are often understandably confused as to which law applies to health- or medical-related records in schools: The Family Educational Rights and Privacy Act (FERPA) or the Health Insurance Portability and...more

Robinson+Cole Data Privacy + Security Insider

HHS Issues Timely Reminder of Applicability of HIPAA to Outbreak Situations

On February 3, 2020, the U.S. Department of Health and Human Services (HHS) issued a bulletin (the Bulletin) to remind covered entities and business associates of how patient information may be shared under HIPAA in the event...more

K&L Gates LLP

K&L Gates Triage: 340B Update: CMS Issues Guidance for Avoiding Duplicate Discounts in Medicaid

K&L Gates LLP on

In this episode, Macy Flinchum and Victoria Hamscho discuss recent developments in the 340B Drug Pricing Program, including recent guidance by the Centers for Medicare and Medicaid Services on best practices for states to...more

Foley Hoag LLP - Medicaid and the Law

CMS Issues Guidance to States on 340B Duplicate Discounts

Late last year, we noted that the Massachusetts Medicaid program had proposed regulations to address issues related to the prohibition on duplicate discounts in the 340B program. The Massachusetts solution was relatively...more

Mintz - Health Care Viewpoints

HIPAA Updates: New Guidance for Business Associates and Continued Data Breaches

The HHS Office for Civil Rights (OCR) released a new guidance document regarding which HIPAA violations business associates (BAs) can and cannot be held directly liable for. In the guidance, OCR states that BAs can be held...more

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