News & Analysis as of

Data Breach Health Insurance Portability and Accountability Act (HIPAA) Health Care Providers

Constangy, Brooks, Smith & Prophete, LLP

FTC amendments to Health Breach Notification Rule are now in effect

On April 24, the Federal Trade Commission announced that it had finalized changes to its Health Breach Notification Rule - to address emerging technologies. Specifically, the Rule was broadened to (1) apply to entities not...more

Rivkin Radler LLP

Biotech Company Pays $4.5 Million for Data Breach

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The Office of the New York State Attorney General announced on August 13 that Letitia James, along with the Attorneys General of Connecticut and New Jersey, fined Enzo Biochem, Inc. $4.5 million for failing to adequately...more

Baker Botts L.L.P.

2024 HIPAA Action Items for Health Plans

Baker Botts L.L.P. on

In light of the changing legal landscape following Dobbs v. Jackson Women’s Health Organization, the Department of Health and Human Services (the “Department”) issued a final rule (link, and corresponding fact sheet link)...more

Ballard Spahr LLP

The FTC's Revised Health Breach Notification Rule Is Now in Effect

Ballard Spahr LLP on

The Federal Trade Commission (FTC) continues to enforce and update its Health Breach Notification Rule (HBNR) amidst a fast-changing regulatory environment. A new rule, which took effect this week, expands the scope of the...more

Orrick, Herrington & Sutcliffe LLP

FTC Health Breach Notification Rule Update: 6 Things You Should Know

The Federal Trade Commission (FTC) has updated its Health Breach Notification Rule that applies to non-HIPAA, consumer health data. Among the revisions, the FTC expanded or introduced key definitions and modified the...more

Rivkin Radler LLP

OCR Announces Third Ransomware Settlement as Threats Continue to Rise

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On July 1, the U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) announced that Heritage Valley Health System, a provider in Pennsylvania, Ohio and West Virginia, agreed to pay $950,000 to resolve...more

Faegre Drinker Biddle & Reath LLP

FTC Updates Health Breach Notification Rule

On July 1, 2024, the amendments to the Health Breach Notification Rule (HBNR) went into effect. First promulgated in 2009, the HBNR applies to vendors of personal health records — entities that are not covered by the Health...more

Akerman LLP - Health Law Rx

FTC’s Updated Health Breach Notification Rule Puts Health App Developers on Notice

The Federal Trade Commission’s (FTC) years-long effort to modernize its Health Breach Notification Rule (HBNR) in the midst of a swiftly changing technological landscape appears to be coming to an end. On Thursday, May 30,...more

Alston & Bird

New York State Department of Health Revises Proposed Hospital Cybersecurity Regulations

Alston & Bird on

In May 2024, the New York State Department of Health (“NYSDOH”) issued revisions to proposed regulations on hospital cybersecurity that it first released in November 2023. The proposed revised regulations are subject to...more

Ballard Spahr LLP

2024 HIPAA Developments

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Over the course of the past few months, the Office of Civil Rights (OCR) and the Office of the National Coordinator for Health Information Technology (ONC), both of which are divisions of the U.S. Department of Health and...more

Manatt, Phelps & Phillips, LLP

[Webinar] Understanding Recent Developments in Health Care Privacy Laws - July 24th, 10:00 am - 11:00 am PST

This year, the federal government has made significant changes to longstanding health care privacy rules, while state lawmakers continue to enact privacy restrictions on consumer health data. These reforms modify legal...more

Holland & Knight LLP

Holland & Knight Health Dose: June 18, 2024

Holland & Knight LLP on

Holland & Knight Health Dose is an in-depth weekly dose of legislative and regulatory insights to keep stakeholders abreast of happenings in Washington, D.C., impacting the health sector....more

Akerman LLP

FTC’s Updated Health Breach Notification Rule Puts Health App Developers on Notice

Akerman LLP on

The Federal Trade Commission’s (FTC) years-long effort to modernize its Health Breach Notification Rule (HBNR) in the midst of a swiftly changing technological landscape appears to be coming to an end. On Thursday, May 30,...more

Dentons

Ep. 19 - What to Do When Your Business Associate Suffers a Ransomware Attack

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The healthcare industry remains a popular target for ransomware attacks. If you haven’t been impacted by a ransomware attack, it’s likely only a matter of time before someone you do business with or buy services from is...more

Hogan Lovells

FTC finalizes revised health breach notification rule expanding its scope and updating companies’ obligations

Hogan Lovells on

On May 30, 2024, the FTC published amendments to its Health Breach Notification Rule (“HBNR” or “Rule”) in the Federal Register, memorializing the Rule’s expanded scope that now explicitly includes direct-to-consumer health...more

Vedder Price

FTC Finalizes Broader Changes to the Health Breach Notification Rule

Vedder Price on

On April 26, 2024, the Federal Trade Commission (FTC) announced that it had finalized changes to the Health Breach Notification Rule (HBNR). These changes, which go into effect on June 25, 2024, are intended to modernize...more

King & Spalding

FTC Announces Final Rule Sweeping Consumer Digital Health Tech Under the Health Breach Notification Rule

King & Spalding on

On April 26, the Federal Trade Commission (FTC) approved its Final Rule revising the Health Breach Notification Rule (HBNR) (“Final Rule”) by a 3-2 vote. The HBNR requires vendors of personal health records (PHR) and related...more

McGuireWoods LLP

Ounce of Prevention: Are You Keeping Track of Your Business Associate Agreements’ Requirements?

McGuireWoods LLP on

Applicable Provider Types: All - Is Your Entity in Compliance? The Health Insurance Portability and Accountability Act of 1996, as modified by the Health Information Technology for Economic and Clinical Health Act of 2009...more

Tucker Arensberg, P.C.

Navigating HIPAA’s Breach Notification Rule Following A Breach

Tucker Arensberg, P.C. on

In light of the ongoing investigation of Change Healthcare’s ransomware attack that resulted in the improper disclosure of thousands of individuals’ PHI, now seems like a perfect time to discuss HIPAA’s requirements...more

Fisher Phillips

Insider Threats to Healthcare Data: What You Need to Know and 5 Steps You Can Take Now

Fisher Phillips on

Healthcare data breaches are occurring more frequently and on larger scales than ever before – and while you defend against cyberattacks and other external threats, make sure you do not overlook the critical role your...more

Health Care Compliance Association (HCCA)

UHG’s Breach Response May Prove Enlightening for Others

Organizations typically deal with ransomware attacks out of the public eye, but the massive scale of United Healthcare Group’s (UHG) February breach made that an impossibility. UHG CEO Andrew Witty was recently on the hot...more

Fenwick & West LLP

Cyber Resilience After the Change Healthcare Breach

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More than two months after the February 2024 Change Healthcare cyber-ransom attack, the healthcare industry continues to grapple with the fallout, creating significant challenges, disruptions, and outages to the healthcare...more

Foley Hoag LLP - Security, Privacy and the...

FTC's Updated Health Data Breach Rule Covers Apps, Other New Tech

The FTC has updated its HBNR to clarify that the rule also restricts marketing practices involving personal health information. This update to the HBNR was announced on April 26, 2024, and follows several recent enforcement...more

Nelson Mullins Riley & Scarborough LLP

Managing the Impacts of the Change Healthcare Cyberattack

UnitedHealth Group (“UHC”) announced on April 22, 2024, that it had paid a ransom to protect patient data potentially acquired in a late February cyberattack on its subsidiary Change Healthcare (“CHC”). In its announcement,...more

Nelson Hardiman, LLP

Hacking and Healing: Nation-States, Cyber Attacks, and Healthcare Law

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Modern warfare is no longer restricted to physical battlefields and professional military. Countries like North Korea and Russia have few qualms about using cyberspace to reach well beyond their physical borders to target...more

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