What's the Tea in L&E? Can You Share An Employee's Medical Info?
Healthcare Document Retention
Taking the Pulse, A Health Care and Life Sciences Video Podcast | Episode 190: Healthcare Tech and Human Resources with Shannon Frazier, HR Executive Director at Lenovo
The Chartwell Chronicles: Occupational Exposure Claims
Proof in Trial: Appellate Edition: Integra Med Analytics LLC et al. v. Providence Health & Services et al.
Hospice Audit Series | Painting the Picture: How to Advocate for Clinical Hospice Eligibility in the Audit Appeal Process
2022 Resolutions: What Healthcare Practices Need To Tackle In the New Year
Podcast: Are Vaccine Passports the Key to Reopening? - Diagnosing Health Care
Compliance Perspective: What's New in Healthcare Privacy
Workers' Compensation Academy: The Smoking Gun: Importance of Investigation in Insurance & Workers’ Compensation
From NC State to Changing the State of Health Information Networks, with Medicom Technologies’ Malcolm Benitz
Protecting Patient Medical Records
Exploring Digitization of Health and Medical Data and Records Part Two
Patient Records Requests: What You Need to Know
Technology in Healthcare
Before we can discuss why medical records review is important in legal cases, we must first understand what a medical records review is, who performs such a review, and why it is vital to the outcome. In the clinical...more
The revamped Health Breach Notification Rule by the Federal Trade Commission (FTC) took effect on July 29, 2024, expanding consumer privacy protections to the users of online health platforms and health and wellness apps. Our...more
On June 20, 2024, a U.S. federal district court held, in a suit brought by Jones Day, that the Department of Health and Human Services ("HHS") had misapplied the Health Insurance Portability and Accountability Act ("HIPAA")...more
It is no secret that institutions of higher education (IHEs) are currently busy addressing their policies to reflect recent major changes in the law (read: Title IX!), but it is also important to give some time and attention...more
On May 30, 2024, the Federal Trade Commission (FTC or the Commission) published finalized amendments to the Health Breach Notification Rule (HBNR) that augment the prior rule’s scope and application. The updated final rule...more
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
The Office for Civil Rights (OCR) of the Department of Health and Human Services (HHS) recently issued its Final Rule to modify HIPAA “to support reproductive health care privacy.” The Final Rule is in response to Executive...more
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
For the vast majority of records maintained by public schools, the Health Insurance Portability and Accountability Act (“HIPAA”) is not applicable. This is because most records that contain medical information related to a...more
The U.S. Department of Health and Human Services ("HHS"), Office for Civil Rights ("OCR") continues to be actively engaged in investigating and settling alleged HIPAA violations. In advance of Mother's Day, two decisions...more
From cases involving car crashes to employee termination disputes, there are countless reasons for legal professionals to require access to a client’s medical, employment, financial, and other records. What’s more, these...more
It is important for health care providers and their lawyers to understand Personal Health Records (“PHRs”) and how they relate to the Health Insurance Portability and Accountability Act (“HIPAA”). A PHR grants a patient...more
On November 13, 2023, Governor Kathy Hochul announced plans to regulate cybersecurity for New York general hospitals regulated under Article 28 of the Public Health Law. As proposed, the regulations will provide an additional...more
A medical record is a documented account of an individual’s medical history, which can be information that can make or break certain legal cases. Most individuals will have unique medical information from multiple providers...more
A legal case that involves any type of injury, illness, or healthcare means accessing medical records, either for your client or the opposition. Regardless of whether you use them for direct evidence or background...more
In an effort to remind school officials of their obligations to protect student privacy, the U.S. Department of Education (ED) has issued guidance on the Family Educational Rights and Privacy Act (FERPA) that focuses on the...more
Report on Patient Privacy 22, no. 10 (October, 2022) - Thirty Democratic senators led by Sen. Patty Murray, D-Wash., have called on HHS to strengthen federal privacy protections under HIPAA to broadly restrict providers...more
In the wake of the Supreme Court’s ruling in Dobbs v. Jackson Women’s Health Organization, the Department of Health and Human Services Office for Civil Rights (OCR) yesterday issued guidance addressing how the Health...more
A recent Connecticut Appellate Court decision highlights the importance of health care provider attention to subpoenas involving patient information. In January 2018, our office published a summary of a then-recent...more
Oftentimes, healthcare entities’ employees are also patients of the healthcare entity, creating a dual role as employer and employee as well as doctor and patient. But what can an employer do when they need to access an...more
You’ve probably either played the game “Whac-a-Mole” yourself as a kid, or you watched your kid play it, at a Chuck E. Cheese or another similar arcade. It’s a simple game with five holes in which moles pop up and a soft...more
This year has started with the Federal Trade Commission's (FTC) renewed attention to its Health Breach Notification Rule (Breach Rule) and the publication of the Health Privacy resource page to help companies with their...more
Report on Patient Privacy 21, no. 12 (December, 2021) - Huntington Hospital in New York has sent notices to approximately 13,000 patients about an incident that happened in late 2018 and early 2019 involving a night shift...more
On November 5, 2021, Cook County’s HIPAA Qualified Protective Order (“QPO”) was considerably reconstructed in light of the Illinois Supreme Court’s decision in Haage v. Zavala, 2021 IL 125918. Illinois litigators were...more
Report on Patient Privacy 21, no. 10 (October, 2021) - A massive data breach at University of New Mexico (UNM) Health may have allowed a third party to obtain medical records from more than 600,000 patients—more than a...more