News & Analysis as of September 18, 2024

HITECH Act

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Follow this channel for advisories on one of the biggest threats to businesses today. Read a morning brief of fresh guidance and commentary by leading lawyers on security, privacy, risk management, global regulations, data protection, leaks, hacking, cyber insurance, compliance, HIPAA, and every other aspect of cybersecurity of import to corporate readers right now. less -

“Let’s Talk Compliance”: Health Care Privacy and Cybersecurity

Foley & Lardner LLP on 2/23/2024

Editor’s Note: PYA and Foley & Lardner hosted the 6th Annual “Let’s Talk Compliance” two-day Virtual Conference on January 18 and 19, 2024. Panelists included Foley & Lardner attorneys and PYA experts. The event was hosted by...more

OCR: Current Fines Too Low to Spur Compliance; Agency Also Seeks Funding Boost, Injunctive Relief

Health Care Compliance Association (HCCA) on 5/6/2022

Report on Patient Privacy 22, no. 5 (May, 2022) - Compared to other agencies, the HHS Office for Civil Rights (OCR) is a little fish in the big federal pond, but it has an outsize effect on HIPAA covered entities (CEs) and...more

Get Ready for HIPAA Questions on Your Recognized Security Practices

Holland & Knight LLP on 8/31/2021

An amendment to the Health Information Technology for Economic and Clinical Health (HITECH) Act was signed into law on Jan. 5, 2021, directing U.S. Health and Human Services (HHS) to consider "recognized security practices"...more

Cybersecurity and “Recognized Security Practices”: New Statute modifies HIPAA

Polsinelli on 1/14/2021

On January 5, 2020, President Trump signed into law H.R. 7898. This new statute amends the Health Information Technology for Economic and Clinical Health (HITECH) Act to require the Department of Health and Human Services...more

CCPA Amendments Signed by Governor Newsom

Robinson+Cole Data Privacy + Security Insider on 10/7/2020

Recently we wrote about two amendments to the California Consumer Privacy Act of 2018 (CCPA) that were awaiting signature on Governor Newsom’s desk: AB 1281 – which extends the one-year exemptions for employee information and...more

Entities of All Types Should Consider Commenting on the FTC’s Health Breach Notification Rule by August 20, 2020

Polsinelli on 6/25/2020

On May 22, 2020, the Federal Trade Commission (the “FTC”) published its decennial request for public comment (the “RFC”) on the FTC’s Health Breach Notification Rule (the “HBN Rule”)....more

On the Verge of CCPA Enforcement: What Should Companies Do to Comply?

Epstein Becker & Green on 6/23/2020

On January 1, 2020 California Consumer Privacy Act (“CCPA”) largely came into effect, albeit with several last-minute modifications and a need to promulgate regulations. ...more

Impact of the New Health Industry Cybersecurity Practices: 2019 Outlook

Holland & Knight LLP on 1/14/2019

• The U.S. Department of Health and Human Services on Dec. 28, 2018, announced the release of the "Health Industry Cybersecurity Practices: Managing Threats and Protecting Patients" that provides a "Call to Action" to make...more

OCR Seeks Feedback for Modifying HIPAA Rules to Promote Efficiency and Reduce Burdens Placed Upon Covered Entities

White and Williams LLP on 12/21/2018

Last week, the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR), issued a Request for Information (RFI) seeking public input on modification of the Privacy and Security Rules under the Health...more

“Your Own Cybersecurity Is Not Enough”: NJ Physician Practice Fined Over $400,000 For Data Breach Caused By Vendor

Jackson Lewis P.C. on 4/9/2018

Last week, New Jersey Attorney General Gurbir S. Grewal and the New Jersey Division of Consumer Affairs (“Division”) announced that a physician group affiliated with more than 50 South Jersey medical and surgical practices...more

Internet of Things Issues Guide

Hogan Lovells on 11/30/2017

Devices that formerly existed in only the physical world are now entering the digital world, and as a result, the Internet of Things (IOT) is here. Both familiar and unfamiliar objects are part of the IOT: toothbrushes...more

Cybersecurity and the Role of ERISA Fiduciaries

Pillsbury Winthrop Shaw Pittman LLP on 9/6/2016

The Employee Retirement Income Security Act of 1974, as amended (ERISA), protects plan participant benefits and account balances by imposing high standards of care on the plan’s fiduciaries. Fiduciaries who do not follow...more

OIG Reports Insufficient Oversight Of HIPAA Compliance

King & Spalding on 10/12/2015

The HHS Office for Civil Rights (OCR) must improve its oversight and enforcement of patient information privacy and security rules by “covered entities” and their business associates under the Health Information Portability...more

Don't Wait for It; Recent HIPAA Enforcement Action Signal More to Come in Phase 2 Audits

Orrick, Herrington & Sutcliffe LLP on 9/21/2015

Officials at the U.S. Department of Health and Human Services Office of Civil Rights (HHS OCR) have recently selected a vendor to conduct the second wave of HIPAA audits. These so-called "Phase 2 Audits" are set to commence...more

HIPAA Compliant Technology and the Importance of Encryption

Foley Hoag LLP - Security, Privacy and the... on 2/24/2015

We welcome this guest blog by Gene Fry, Compliance Officer, Scrypt, Inc. The Health Insurance Portability and Accountability Act (HIPAA) sets the standard for protecting sensitive patient data. This means that any...more

OCR to Begin Phase 2 of HIPAA Audit Program

McDermott Will & Emery on 7/30/2014

The U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) will soon begin a second phase of audits (Phase 2 Audits) of compliance with Health Insurance Portability and Accountability Act of 1996 (HIPAA)...more

Cloud Computing: Healthcare Issues in a Digital Age – (Part Two)

Winstead PC on 9/30/2013

Hospitals and health care providers must often look to third party vendors offering cloud computing solutions, but are these companies well-prepared to meet the HIPPA/HITECH Act privacy and security requirements as well as...more

Cloud Computing: Healthcare Issues in a Digital Age – (Part One)

Winstead PC on 9/23/2013

Cloud computing has garnered attention in the healthcare industry as a primary way to achieve electronic medical records compliance while reducing IT costs. Cloud computing is all about DATA in a virtual work. With cloud...more

Sweeping New Hipaa Privacy/Security Compliance For Health Plans Required By September 23, 2013: As If Health Care Reform Wasn’t...

Butler Snow LLP on 6/13/2013

HIPAA, as enacted in 1996, directed the U.S. Department of Health & Human Services (DHHS) to issue regulations requiring health plans to protect the privacy of health information and to provide reasonable and appropriate...more

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Cybersecurity › Protected Health Information › HITECH Act

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