News & Analysis as of

Electronic Medical Records Data Breach Breach Notification Rule

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

Wyrick Robbins Yates & Ponton LLP

Don’t Call It a Breach Rule: FTC Health Breach Notification Rule Has Been Here for Years, Now Updated to Serve as a Backdoor...

As our loyal Practical Privacy readers may remember, back in December of 2021, the Federal Trade Commission (the “FTC” or “Commission”) began a rulemaking process to update the Commission’s Health Breach Notification Rule...more

BakerHostetler

FTC Vastly Expands Reach of the Health Breach Notification Rule

BakerHostetler on

On April 26, the Federal Trade Commission (FTC) announced its final rule (Final Rule) making changes to the Health Breach Notification Rule (HBNR)....more

Manatt, Phelps & Phillips, LLP

FTC Proposed Health Breach Notification Rule Changes Target the Online Collection of Health Data

The Federal Trade Commission (FTC) continues to expand its regulation of health care data to ensure the data remains protected when shared with consumer-facing applications....more

Sheppard Mullin Richter & Hampton LLP

FTC Continues to Signal Interest in Digital Health Industry, Publishing Updated Resources

The FTC recently published two new resources for complying with the Health Breach Notification Rule. The Rule requires vendors of personal health records (PHR), PHR-related entities and service providers to these entities, to...more

Stinson LLP

Health App Vendors Be Warned: You Could Be Subject to FTC's Health Breach Notification Rule

Stinson LLP on

The surge in new health apps and connected devices, which only increased during the pandemic, continues to raise many legal and ethical questions. As a result, lawmakers have been scrambling to define the obligations...more

K&L Gates LLP

Health Care Triage: FTC Reminds Vendors of Personal Health Records of Breach Rule Obligations

K&L Gates LLP on

In this episode, Rebecca Schaefer interviews Gina Bertolini and Desiree Moore about the recent Federal Trade Commission (FTC) policy statement regarding the FTC Health Breach Notification Rule and its applicability to vendors...more

Health Care Compliance Association (HCCA)

[Event] Healthcare Privacy Compliance Academy - November 2nd - 5th, Nashville, TN

Dive into a broad spectrum of topics affecting healthcare organizations. Explore the latest laws, regulations, and developments to help you effectively manage your organization’s privacy compliance program. Our Academies are...more

Foley & Lardner LLP

HIPAA: Failure to Report Breach Costs Hospital $2.175 Million

Foley & Lardner LLP on

One health system recently learned the cost of relying too heavily on the HIPAA Breach Notification Rule’s “low probability of compromise” standard when it failed to notify all affected individuals and report the HIPAA breach...more

Polsinelli

Deal Breaker – Cyber Security Risk in Health Care Transactions

Polsinelli on

Health care organizations’ lack of compliance with the data privacy and security requirements of both state laws and the Health Insurance Portability and Accountability Act (“HIPAA”) Privacy, Security and Breach Notification...more

Seyfarth Shaw LLP

Can The Health Care Industry Protect Itself from Cyberattacks?

Seyfarth Shaw LLP on

The health care industry is racing to adopt cutting-edge technology to provide patients with the best treatment possible at the lowest possible cost. ...more

Bricker Graydon LLP

Reminder: Notice of 2017 small HIPAA breaches due to HHS soon

Bricker Graydon LLP on

The deadline to submit notice to the Department of Health and Human Services (HHS) of small HIPAA breaches (those that affected fewer than 500 individuals) discovered in calendar year 2017 is March 1, 2018....more

Patterson Belknap Webb & Tyler LLP

HSS Issues New Guidance on Ransomware Attacks Against HIPAA-Covered Entities

Ransomware attacks at hospitals and other healthcare facilities have dramatically increased over the last several years, putting healthcare providers in the uncomfortable position of having to consider paying thousands of...more

Zelle  LLP

Employee Health Information: Separate and Secure

Zelle LLP on

There are several reasons an employer might have employee health information, ranging from the results of a pre-employment physical to the contents of a request for FMLA leave to what’s written in a health provider’s note...more

Orrick, Herrington & Sutcliffe LLP

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

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

Mintz - Health Care Viewpoints

A New Year’s Resolution (And Corrective Action Plan) From OCR: Physician Practice Cited For HIPAA Violations

The Office for Civil Rights (OCR) is closing out 2013 with a reminder of the importance of an effective HIPAA compliance program. On December 26, 2013, OCR announced a resolution agreement with a Massachusetts physician...more

Saul Ewing LLP

Medical practice agrees to payment due to HIPAA data breach

Saul Ewing LLP on

One day after Christmas, the U.S. Department of Health and Human Services (HHS) Office of Civil Rights (OCR) announced that a Massachusetts-based dermatology practice (Practice) agreed to a $150,000 payment and entered into a...more

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