News & Analysis as of

Penalties Breach Notification Rule

King & Spalding

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

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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

Holland & Hart LLP

Avoiding HIPAA Penalties: A Checklist for Covered Entities

Holland & Hart LLP on

The HIPAA Privacy, Security, and Breach Notification Rules apply to healthcare providers who engage in certain electronic transactions, healthcare clearinghouses, and health plans, including employee group health plans with...more

Sheppard Mullin Richter & Hampton LLP

HHS Announces 42 Part 2 Final Rule to Align with HIPAA

The U.S. Department of Health and Human Services (HHS) and the Substance Abuse and Mental Health Services Administration (SAMHSA) recently released the long anticipated Final Rule to revise the Confidentiality of Substance...more

Davis Wright Tremaine LLP

Old Rule, New Tricks: HHS Finalizes Most Substantial Changes to Substance Use Disorder Confidentiality Rule in Decades

The long-anticipated final rule addressing substance use disorder (SUD) records at 42 C.F.R. Part 2, commonly referred to as Part 2, is here. The final rule is a joint undertaking by the U.S. Department of Health and Human...more

Foley & Lardner LLP

HIPAA and Part 2 Harmonized: What Health Care Organizations Need to Know

Foley & Lardner LLP on

Substance Use Disorder (SUD) programs and HIPAA-regulated entities seeking to streamline their privacy and security practices and workflows received welcome news from the U.S. Department of Health & Human Services (HHS) last...more

Mintz - Health Care Viewpoints

Federal Trade Commission’s GoodRx Settlement: Not Just a $1.5 Million Penalty

The Federal Trade Commission (FTC) recently kicked off enforcement of its Health Breach Notification Rule (Breach Rule) by taking aim at GoodRx’s use of tracking technologies (e.g. pixels) and the sharing of consumer health...more

Conyers

Privacy and Data Breaches in the Cayman Islands

Conyers on

Since the introduction of the Data Protection Act (the “DPA”) in 2019, there has been a steady increase in the number of data protection breaches that have been reported to the Office of the Ombudsman. It is expected that...more

Snell & Wilmer

HHS Proposed Changes To Part 2 Rules To Align With HIPAA Privacy Rules

Snell & Wilmer on

On November 28, 2022, the U.S. Department of Health and Human Services (“HHS”) proposed sweeping changes to the rules that govern use and disclosure of protected health information (“PHI”) about patients receiving substance...more

Fisher Phillips

The Cost of Employee Benefits Non-Compliance Just Went Up . . . Again

Fisher Phillips on

The U.S. Department of Health & Human Services (HHS) just announced increased penalty amounts for entities who violate the privacy, security, and breach notification rules under the Health Insurance Portability and...more

Mintz - Health Care Viewpoints

FTC Personal Health Records Breach Rule Applies to Health App and Connected Device Developers

On September 15, 2021, in response to the “proliferation of apps and connected devices that capture sensitive health data” the Federal Trade Commission (FTC) issued a Policy Statement (the Statement) offering guidance on the...more

Perkins Coie

California Issues New Regulations on Notification Obligations for Medical Information Breaches

Perkins Coie on

Certain California-licensed healthcare facilities are now subject to additional breach reporting obligations pursuant to regulations (Regulations)[1] issued by the California Department of Public Health (Department) on July...more

Sheppard Mullin Richter & Hampton LLP

Update on the State of Privacy Law in China

China is continuing to move forward with its first comprehensive privacy law. China recently issued a second version of the draft Personal Information Protection Law (Draft PIPL) which will be open for public comments until...more

Sheppard Mullin Richter & Hampton LLP

Bombas Settles with NYAG Over Credit Card Data Breach

Modern sock maker, Bombas, recently settled with New York over a credit card breach, agreeing to pay $65,000 in penalties. According to the NYAG, malicious code was injected into Bombas’ Magento ecommerce platform in 2014...more

Spilman Thomas & Battle, PLLC

GDPR Basics for U.S. Companies Effective May 25, 2018

The General Data Protection Regulation ("GDPR") becomes effective on May 25, 2018. Its goal is to protect EU citizens from privacy and data breaches. The key provisions of the GDPR and information on how it may impact...more

Jones Day

What Does the Introduction of Mandatory Data Breach Notification in Australia Mean for You?

Jones Day on

Australia's Data Breach Bill amends the Privacy Act 1988 (Cth) ("Privacy Act") and requires private and public organisations regulated by the Privacy Act to notify affected individuals and the Australian Information...more

King & Spalding

New York Attorney General Announces Settlement With Trump Hotel Over Two Data Security Incidents

King & Spalding on

On September 23, 2016, New York Attorney General Eric T. Schneiderman announced a settlement with Trump International Hotels Management LLC, d/b/a Trump Hotel Collection (“THC”), imposing $50,000 in penalties and ongoing...more

Alston & Bird

HIPAA Double Take: What Health Plan Sponsors Need to Know Now

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With the onslaught of Affordable Care Act changes, health plan sponsors have much to think about lately. Given the number of other issues affecting them, plan sponsors may feel that HIPAA privacy and security is an issue they...more

Baker Donelson

The Trend of Stricter State Data Breach Laws Continues with Florida

Baker Donelson on

Florida’s new Florida Information Protection Act, Fl. Stat. § 501.171, became effective July 1, 2014. The new law repeals and replaces Florida’s existing data breach notification requirements (Fl. Stat. § 817.5681) with more...more

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