News & Analysis as of

Department of Health and Human Services (HHS) Data Protection Health Insurance Portability and Accountability Act (HIPAA)

Epstein Becker & Green

HISAA: New Legislation Would Bring Cybersecurity Requirements for HIPAA Covered Entities and Business Associates

Epstein Becker & Green on

In response to several high-profile cybersecurity incidents affecting hospitals and other health care providers, including the Change Healthcare breach, new federal legislation was recently introduced by Senators Ron Wyden...more

Vorys, Sater, Seymour and Pease LLP

Action Required for HIPAA Covered Entities Regarding Reproductive Health Care Compliance

On April 22, 2024, the Department of Health and Human Services (HHS) Office of Civil Rights (OCR) issued a Final Rule titled HIPAA Privacy Rule to Support Reproductive Health Care Privacy (Final Rule)....more

Clark Hill PLC

The Value of an Effective HIPAA Compliance Program Amid OCR HIPAA Audits

Clark Hill PLC on

In 2024, the U.S. Department of Health and Human Services Office of Civil Rights (“OCR”) Director Melanie Fontes Rainer announced that OCR will resume auditing Health Information Portability and Accountability Act (“HIPAA”)...more

Health Care Compliance Association (HCCA)

2nd Settlement Triggered by 2017 Ransomware Attack Costs WA Practice $100K; ‘Not a Breach’

Let’s review for a moment. It’s not a HIPAA violation to be a victim of ransomware. It’s not a HIPAA violation to pay a ransom. It’s up to the covered entity (CE) to determine if a security or privacy incident is a...more

Health Care Compliance Association (HCCA)

HHS Abandons Appeal in Public Website Pixel Case, But CEs and BAs Should Expect Continued Scrutiny

The HHS Office for Civil Rights (OCR) has abandoned its appeal of a federal judge’s ruling overturning OCR’s guidance prohibiting covered entities (CEs) and business associates (BAs) from using the web-tracking technologies...more

Clark Hill PLC

HHS Bulletin on Online Tracking Technologies Declared Unlawful: What Covered Entities and Business Associates Need to Know About...

Clark Hill PLC on

Online tracking technologies are used by healthcare and hospital systems throughout the United States to analyze their website traffic, personalize content, and provide relevant information to website visitors, some of whom...more

Wilson Sonsini Goodrich & Rosati

Texas District Court Vacates OCR's HIPAA Bulletin on Online Tracking Technologies, But Issues Mixed Decision

On June 20, 2024, the United States District Court for the Northern District of Texas ordered the U.S. Department of Health and Human Services, Office for Civil Rights (OCR) to vacate its guidance that had restricted...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

Quarles & Brady LLP

HHS Tracking Technology Guidance Vacated by Federal Court

Quarles & Brady LLP on

On Thursday, June 20, 2024, a U.S. District Court Judge ruled that the U.S. Department of Health and Human Services, Office for Civil Rights (“HHS”) overstepped its authority to act when issuing its December 2022 bulletin...more

Spilman Thomas & Battle, PLLC

The Health Record - Healthcare Law Insights, Issue 1, May 2024

Welcome to our inaugural issue of The Health Record - our healthcare law insights e-newsletter! As such, we wanted to pull together our insights and pass them along to you. Our goal is to create a publication that is...more

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - May 2024 #2

Robinson & Cole LLP on

CYBERSECURITY - Health Care Entities Continue to Get Pummeled by Cybersecurity Attacks - The newest health care entity to be hit by a cyberattack is Ascension Health, which operates 140 hospitals and 40 assisted living...more

Epiq

Healthcare Organizations Can Meet New HHS Cybersecurity Goals with the Help of Tabletop Exercises

Epiq on

In today’s digital age, securing sensitive healthcare data is paramount. With the rise in cyber threats targeting healthcare organizations, the Department of Health and Human Services (HHS) has taken proactive steps to...more

Seyfarth Shaw LLP

Keeping with the Times - FTC Expands Scope of Health Breach Notification Rule, Even as HHS Announces Its Own HIPAA Update

Seyfarth Shaw LLP on

On April 26, 2024, the Federal Trade Commission (“FTC”) announced it had finalized changes to modernize the Health Breach Notification Rule (the “HBNR”) by clarifying its applicability to health and wellness apps and other...more

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - May 2024

Robinson & Cole LLP on

CYBERSECURITY - CISA + Partners Issue Alert for Protection of Water Systems, Dams, Energy + Food + Ag - In response to the growing threat by pro-Russia hacktivists, on May 1, 2023, CISA and other national agency...more

Orrick, Herrington & Sutcliffe LLP

Biden Administration Updates HIPAA to Protect the Privacy of Reproductive Health Care

The Department of Health and Human Services (HHS), through the Office for Civil Rights (OCR), has issued a final rule updating the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule in an effort to...more

Cranfill Sumner LLP

HIPAA and the Practitioner’s Perspective: Appreciating the Risk

Cranfill Sumner LLP on

The practicing doctor (presumably) knows that he or she is (likely) subject to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). Less certain is whether said practitioner knows just what that means....more

Clark Hill PLC

Right To Know - April 2024, Vol. 16

Clark Hill PLC on

Cyber, Privacy, and Technology Report - Welcome to your monthly rundown of all things cyber, privacy, and technology, where we highlight all the happenings you may have missed....more

Tucker Arensberg, P.C.

HIPAA Fundamentals for Providers

Tucker Arensberg, P.C. on

In March of this year, The Office for Civil Rights of the Department of Health and Human Services issued a letter addressing the recent cybersecurity incident impacting many health care entities, primarily Change Healthcare,...more

Kilpatrick

HHS Aligns Part 2 Rules with the HIPAA Privacy Rules – Effects on Self-Insured Plan Sponsors

Kilpatrick on

In a December 2023 blog post, we discussed the HHS proposed revisions to the Part 2 regulations and that finalization of those regulations was imminent.  On February 8, 2024, HHS through the Substance Abuse and Mental Health...more

K&L Gates LLP

Health System Cybersecurity Risks: Part One

K&L Gates LLP on

In this two-part Triage series, Gina Bertolini, Sarah Carlins, and Jianne McDonald analyze two recent HHS initiatives that address cybersecurity risks to hospitals and health systems nationwide. Cybersecurity events involving...more

Wilson Sonsini Goodrich & Rosati

OCR at HHS Updates Guidance on Use of Online Tracking Technology by HIPAA-Regulated Entities

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

Manatt, Phelps & Phillips, LLP

HIPAA Enforcer Updates Guidelines on Online Tracking Amid Calls for Clarity: Key Takeaways

On March 18, 2024, the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) updated its December 2022 guidance for HIPAA-regulated entities regarding the use of online tracking technologies...more

Katten Muchin Rosenman LLP

OCR Updates Guidance on Use of Online Tracking Technologies by HIPAA Covered Entities and Business Associates

On March 18, the Office for Civil Rights (OCR) at the US Department of Health and Human Services (HHS) updated its guidance on the use of online tracking technologies by covered entities and business associates (regulated...more

Arnall Golden Gregory LLP

Responding to a Third-Party Data Breach: Practical Legal and Compliance Steps

Cyberattacks and data incidents are rapidly increasing, and third-party services companies are a frequent source of exposure for healthcare providers. Healthcare is a prime target for cybercriminals, with ransomware and...more

Hogan Lovells

Updated OCR guidance does not solve HIPAA’s tracker uncertainty

Hogan Lovells on

The Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) updated its guidance concerning compliance obligations for HIPAA covered entities and business associates using online tracking...more

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