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Health Care Providers Health Insurance Portability and Accountability Act (HIPAA) Consent

Dickinson Wright

2024 Revisions to Part 2: Key Changes, Impact, and Compliance Tips

Dickinson Wright on

Previously published in Healthcare News and Healthcare Michigan. On February 8, 2024, the Department of Health and Human Services (HHS) finalized revisions to 42 CFR Part 2. Read on to learn more about Part 2, the changes,...more

McAfee & Taft

New 2024 rules require providers to update HIPAA privacy policies and notices

McAfee & Taft on

Earlier this year, federal agencies teamed up to issue two rules that will require healthcare providers to update certain policies related to the use and disclosure of health information and to update their Notice of Privacy...more

Womble Bond Dickinson

Navigating the Legal Boundaries of Telehealth

Womble Bond Dickinson on

It may seem like telehealth emerged overnight during the COVID 19 pandemic. However, telemedicine has been developing for centuries....more

Procopio, Cory, Hargreaves & Savitch LLP

Time for California Healthcare Providers to Review Policies Regarding Mental Health Treatment of Minors

Now is the time for California healthcare providers working with minors to consider updating any policies or training on minor consent for mental health treatment or counseling on an outpatient basis and residential shelter...more

Holland & Hart LLP

Idaho's New Parental Access Law v. HIPAA

Holland & Hart LLP on

As discussed in our prior health law update, New Limits on Minor Consents in Idaho, effective July 1, 2024, parents generally will have the right to access the medical records of their unemancipated minor children subject to...more

Holland & Hart - Health Law Blog

New Limits on Minor Consents in Idaho - Update

By Kim Stanger Note: This health law update originally was published on April 9, 2024. It was updated April 26, 2024, to reflect additional information. Effective July 1, 2024, Idaho healthcare providers must obtain parental...more

Goodwin

Washington’s My Health My Data Act Comes Into Force - What You Need to Know, and Do

Goodwin on

On March 31, 2024, the Washington My Health My Data Act (MHMDA), a comprehensive consumer health privacy law, will come into force. Small businesses – defined as those processing consumer health data of fewer than 100,000...more

Bass, Berry & Sims PLC

Final Rule Helps Align Part 2 with HIPAA

On February 8, 2024, the U.S. Department of Health & Human Services, through the Substance Abuse and Mental Health Services Administration and the Office for Civil Rights (collectively, HHS), issued a Final Rule that amends...more

Quarles & Brady LLP

Substance Abuse Disorder Records (42 CFR Part 2) Final Rule Is Here!

Quarles & Brady LLP on

The U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) and Substance Abuse and Mental Health Services Administration (SAMHSA) released its anticipated Final Rule last week. The Final Rule revises...more

Holland & Knight LLP

Substance Use Disorder Confidentiality Regulations Modified to Align with HIPAA

Holland & Knight LLP on

After more than a year since the U.S. Department of Health and Human Services' (HHS) Office for Civil Rights (OCR) and Substance Abuse and Mental Health Services Administration (SAMHSA) issued the proposed changes to the...more

Williams Mullen

42 CFR Part 2 Final Rule Harmonizes Substance Use Disorder Confidentiality Protections with HIPAA

Williams Mullen on

On February 8, 2024, the federal Confidentiality of Substance Use Disorder (SUD) Patient Records regulations at 42 CFR Part 2 (Part 2) were revised in part to increase patient protection and streamline patient consent...more

Health Care Compliance Association (HCCA)

Privacy Briefs: November 2023

Report on Patient Privacy 23, no. 11 (November, 2023) The American Hospital Association (AHA) is urging federal lawmakers to intervene with the HHS Office for Civil Rights (OCR) so that hospitals and health systems can...more

Dorsey & Whitney LLP

Minnesota Supreme Court Holds That The Minnesota Health Records Act Allows Release of Health Records For Permitted Purposes Under...

Dorsey & Whitney LLP on

On October 11, 2023 the Minnesota Supreme Court issued an opinion in Schneider v. Children’s Health Care holding that the Minnesota Health Records Act (“MHRA”) provision allowing health care providers to release health...more

Manatt, Phelps & Phillips, LLP

Implementing State-Level Policy and Operational Processes That Enhance Access to Medicaid Family Planning Program Services

Given its role as a critical source of health care coverage for low-income individuals in the United States, including 13 million women of reproductive age, Medicaid is the primary source of family planning coverage in the...more

Health Care Compliance Association (HCCA)

Report on Medicare Compliance Volume 31, Number 43. Proposed Part 2 Rule Brings It Closer to HIPAA, Including Enforcement,...

A proposed HHS regulation on the Confidentiality of Substance Use Disorder (SUD) Patient Records under 42 C.F.R. Part 2 would bring it further in line with HIPAA, which is somewhat of a double-edged sword, attorneys say....more

Mintz - Health Care Viewpoints

What Would the American Data Privacy and Protection Act Mean for the Health Industry?

All players in the health and wellness ecosystem should be following developments around the American Data Privacy and Protection Act (ADPPA). If enacted, the ADPPA would be a watershed in the regulation of the privacy and...more

Health Care Compliance Association (HCCA)

Compliance Perspectives: Healthcare Compliance at the Border

Laws like EMTALA and HIPAA don’t just apply to US citizens. They apply to everyone. That both keeps things simple and adds complexity when it comes to undocumented immigrants. As Lesley Anne Durant, Senior Corporate...more

Holland & Hart - Health Law Blog

Minors' Ability to Consent to Medical Treatment Under Utah Law

Medical providers are sometimes faced with the difficult scenario of a minor (under 18 years of age) requesting medical or mental health treatment without a parent's or legal guardian's consent. This situation often arises in...more

Holland & Hart - Health Law Blog

Use of PHI for Non-Patient Purposes

In an era of decreasing reimbursement and rapidly expanding opportunities associated with “big data”, healthcare entities may be looking for ways to monetize protected health information (“PHI”) for their own, non-patient...more

Jones Day

February 2, 2020 is Here: Are Your Agreements Compliant With the Part 2 Rule?

Jones Day on

The Situation: The two-year grace period for updating agreements of "lawful holders" (i.e., recipients named on patient consent forms obtained pursuant to the Part 2 Rule) with contractors, subcontractors, and legal...more

Chambliss, Bahner & Stophel, P.C.

New Guidance for Protecting Student Health Care Information

On December 19, 2019, the U.S. Department of Health and Human Services (HHS) and the U.S. Department of Education (DOE) provided new joint guidance on the release of certain student records. In summary, this HHS/DOE release...more

Dickinson Wright

Healthcare Provider Fined for Disclosing PHI in Response to a Yelp! Review

Dickinson Wright on

When healthcare providers are subject to a bad review on Yelp! or similar customer-review websites and apps, it can be difficult to hold back and not provide a response or at least attempt to clarify the situation....more

Bradley Arant Boult Cummings LLP

HHS Proposes Revisions to Part 2 Regulations Governing Confidentiality of Substance Use Disorder Records - Healthcare Alert

On August 26, 2019, the Substance Abuse and Mental Health Services Administration, part of the U.S. Department of Health and Human Services (HHS), published its much-anticipated notice of proposed rulemaking to revise 42...more

Foley & Lardner LLP

Proposed Changes to Part 2 Rules Ease Substance-Use Disorder Record Sharing

Foley & Lardner LLP on

Recently proposed changes to the federal regulations governing the confidentiality of substance-use disorder patient records (Part 2) would all but eliminate the most significant and intractable barrier to sharing protected...more

Holland & Knight LLP

Proposed Changes to Federal Substance Use Disorder Privacy Rules Under 42 CFR Part 2

Holland & Knight LLP on

The Department of Health and Human Services’ Substance Abuse and Mental Health Services Administration (SAHMSA) released its long-awaited proposal to overhaul privacy restrictions for substance abuse treatment programs found...more

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