News & Analysis as of

Protected Health Information Breach Notification Rule

Health Care Compliance Association (HCCA)

Privacy Briefs: September 2024

The HHS Centers for Medicare & Medicaid Services (CMS) and Wisconsin Physicians Service Insurance Corporation (WPS) are notifying 946,801 people whose protected health information or other personally identifiable information...more

Alston & Bird

FTC’s Updated Health Breach Notification Rule Now in Effect

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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

Ballard Spahr LLP

The FTC's Revised Health Breach Notification Rule Is Now in Effect

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The Federal Trade Commission (FTC) continues to enforce and update its Health Breach Notification Rule (HBNR) amidst a fast-changing regulatory environment. A new rule, which took effect this week, expands the scope of the...more

Orrick, Herrington & Sutcliffe LLP

FTC Health Breach Notification Rule Update: 6 Things You Should Know

The Federal Trade Commission (FTC) has updated its Health Breach Notification Rule that applies to non-HIPAA, consumer health data. Among the revisions, the FTC expanded or introduced key definitions and modified the...more

Dinsmore & Shohl LLP

Data Breaches and Your Smart Watch: FTC Expands the Reach of the Health Breach Notification Rule

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Effective July 29, 2024, the Federal Trade Commission (“FTC”) has issued a final rule that expands the scope of its existing Health Breach Notification Rule (“HBNR”) to include health and wellness applications (“apps”)...more

Health Care Compliance Association (HCCA)

OCR: Rule Halts Disclosures Under ‘Presumption of Lawfulness,’ Shares Model Attestation Form

Attestations are at the heart of permissible disclosures under the HHS Office for Civil Rights’ (OCR) new reproductive health privacy rule—and OCR wants covered entities (CEs) and business associates (BA) to use them now. The...more

Venable LLP

FTC Announces Final Changes to Health Breach Notification Rule That Broaden the Rule’s Scope and Application

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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

Jones Day

FTC's Final Health Breach Notification Rule: Expanded Scope, New Obligations, and Modified Reporting Requirements

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The Federal Trade Commission ("FTC") intends to "strengthen and modernize" the Health Breach Notification Rule with revamped and increased scrutiny on entities holding health information, including health apps, websites, and...more

Faegre Drinker Biddle & Reath LLP

FTC Updates Health Breach Notification Rule

On July 1, 2024, the amendments to the Health Breach Notification Rule (HBNR) went into effect. First promulgated in 2009, the HBNR applies to vendors of personal health records — entities that are not covered by the Health...more

Kelley Drye & Warren LLP

What Updates to the Health Breach Notification Rule Mean for Your Business

On July 29, 2024, the FTC’s revised Health Breach Notification Rule (HBNR) takes effect. The Rule requires vendors of personal health records (PHRs) and related entities not covered by HIPAA to notify individuals, the FTC,...more

Fenwick & West LLP

Change Breach Results in Notification Clarity

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On May 31, 2024, more than four months after the February 2024 Change Healthcare ransomware attack, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) updated its Change Healthcare FAQs. ...more

Quarles & Brady LLP

FTC Publishes Final Rule amending Health Breach Notification Rule

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The Federal Trade Commission (“FTC”) recently published its Final Rule amending the Health Breach Notification Rule (“HBNR”). The updated HBNR, which regulates entities that handle certain personal health information, other...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

ArentFox Schiff

Providers Face HIPAA Compliance Questions After Change Healthcare Cyberattack

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Who will notify the potentially millions of individuals whose information might have been jeopardized by the massive cyberattack on Change Healthcare? Since the affiliate of UnitedHealth Group (UHG) first reported the...more

Hogan Lovells

FTC finalizes revised health breach notification rule expanding its scope and updating companies’ obligations

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On May 30, 2024, the FTC published amendments to its Health Breach Notification Rule (“HBNR” or “Rule”) in the Federal Register, memorializing the Rule’s expanded scope that now explicitly includes direct-to-consumer health...more

Vedder Price

FTC Finalizes Broader Changes to the Health Breach Notification Rule

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On April 26, 2024, the Federal Trade Commission (FTC) announced that it had finalized changes to the Health Breach Notification Rule (HBNR). These changes, which go into effect on June 25, 2024, are intended to modernize...more

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 & Knight LLP

HIPAA Breach Notice Can Be Delegated to Change Healthcare

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After months of uncertainty and multiple letters from industry associations advocating on behalf of the healthcare industry with the U.S. Department of Health and Human Service (HHS) Office for Civil Rights (OCR), covered...more

Holland & Hart LLP

Avoiding HIPAA Penalties: A Checklist for Covered Entities

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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

McDermott Will & Emery

FTC Amends Health Breach Notification Rule to Regulate Health Apps and Expand Breach Notification Requirements

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On April 26, 2024, the Federal Trade Commission (FTC) issued a final rule to amend its Health Breach Notification Rule (HBN Rule). The HBN Rule works as a complement and counterpart to the breach notification requirements...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

Carlton Fields

4 Tips for Health Tech Apps After the FTC’s Revised Breach Notification Rule

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On April 26, the Federal Trade Commission announced its final rule updating the health breach notification rule. According to the FTC, the update seeks to “clarify” the scope of the rule by adding new definitions and revising...more

BakerHostetler

FTC Vastly Expands Reach of the Health Breach Notification Rule

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

Davis Wright Tremaine LLP

FTC Finalizes Expansion of Health Breach Notification Rule's Broad Applicability to Unauthorized App Disclosures

The FTC issued a final rule to lock in changes to the Health Breach Notification Rule (HBNR) that it proposed in May 2023. While the HBNR began as a breach notification rule seemingly focused on a narrow set of applications...more

ArentFox Schiff

Key Takeaways from OCR’s CY22 HIPAA Reports to Congress

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On February 14, the US Department of Health and Human Services (HHS) Office for Civil Rights (OCR) issued its annual reports to Congress detailing its actions to enforce the privacy, security, and breach notification...more

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