News & Analysis as of

Protected Health Information Health Insurance Portability and Accountability Act (HIPAA) Corporate Counsel

BCLP

Federal Court Rejects Motion to Dismiss Wiretap Claims Using HIPAA to Support Crime-Tort Exception Allegations

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It has now become commonplace for Plaintiffs’ attorneys to bring claims alleging that routine marketing techniques, including the deployment of behavioral advertising cookies and pixels, constitute wiretaps in violation of...more

Greenbaum, Rowe, Smith & Davis LLP

HIPAA Privacy Rule to Support Reproductive Healthcare Privacy is Now Effective

On June 25, 2024, the Final Rule issued by the Office of Civil Rights (OCR) that amended the Privacy Rule of the Health Insurance Portability and Accountability Act (HIPAA) became effective as a means of further protecting...more

Quarles & Brady LLP

HHS Tracking Technology Guidance Vacated by Federal Court

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On Thursday, June 20, 2024, a U.S. District Court Judge ruled that the U.S. Department of Health and Human Services, Office for Civil Rights (“HHS”) overstepped its authority to act when issuing its December 2022 bulletin...more

Wyrick Robbins Yates & Ponton LLP

Sense and Sensitivity: Latest FTC Enforcement Actions Continue Focus on Sensitive Health Data

We’ve talked before about the FTC’s focus on consumer health privacy. In cases against BetterHelp and GoodRx, a blog post announcing rules it intends to enforce in the space, and a report summarizing its recent privacy and...more

Davis Wright Tremaine LLP

Litigation Preparedness Following a Data Breach: Three Tips to Consider During the Incident Response Period

Data breaches come in many different forms, sizes, and levels of complexity, but they tend to share certain key facts: A third-party bad actor—whether through a phishing attack, a ransomware attack, exploitation of a zero-day...more

Snell & Wilmer

Another HIPAA Special Enrollment Deadline Extension – What’s a Group Health Plan to Do?

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Just when you thought the confusing COVID-19 ERISA deadline extensions were behind you, the Biden-Harris Administration asks you to reconsider. ...more

Freiberger Haber LLP

Case of First Impression in the Appellate Division: Data Breach By Itself is Not An “Injury-in-Fact”

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The law can be funny. Not in a comedic way, but in a way that defies expectations about what is needed to bring a cause of action. Sometimes this is manifested in the quantum of evidence needed to bring an action and survive...more

Orrick, Herrington & Sutcliffe LLP

Nevada’s New Consumer Health Data Privacy Law: 6 Things to Know

The Nevada legislature recently passed Senate Bill 370 (“Nevada’s Consumer Health Data Privacy Law”) aiming to impose broad requirements on collecting, using, and selling consumer health information. Nevada joins Washington...more

WilmerHale

FTC Brings Second Enforcement Action Against Healthcare Company for Violating the Health Breach Notification Rule

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On May 17, 2023, the Federal Trade Commission (the “FTC”) reached a settlement with Easy Healthcare Corporation (“Easy Healthcare”), for its fertility-tracking app, Premom. The agency alleged that Easy Healthcare failed to...more

Wyrick Robbins Yates & Ponton LLP

My Health, My Data, My Class Action Lawsuit: Why the Washington My Health My Data Act Deserves EVERY Company’s Attention

To say there’s been a lot of new privacy law in the last decade is an understatement. For those of us who think we’ve “seen it all,” many of these new laws arrive and elicit a sense of challenge (for the optimists) or mild...more

Quarles & Brady LLP

HHS Office for Civil Rights Announces Proposed Rule Increasing HIPAA Privacy Rule Protections for Reproductive Care

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On April 12, 2023, the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR) issued a Notice of Proposed Rulemaking (NPRM), aimed at strengthening the Health Insurance Portability and...more

Davis Wright Tremaine LLP

The Clock Is Ticking: HIPAA Small Breach Notifications Due March 1

HIPAA-covered entities must notify the U.S. Department of Health and Human Services Office for Civil Rights (OCR) of "small" breaches of unsecured protected health information that were discovered during calendar-year 2022 no...more

Blank Rome LLP

The BR Privacy & Security Download: January 2023

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What We’re Watching in 2023 - Happy New Year from the BR Data Privacy and Security Download! 2022 was a busy year for data privacy and security. State and federal regulatory agencies flexed their enforcement muscle, we...more

Health Care Compliance Association (HCCA)

[Event] Healthcare Privacy Compliance Academy - March 6th - 9th, Phoenix, AZ

Designed for professionals with some compliance knowledge and experience, HCCA’s Healthcare Privacy Compliance Academy is ideal for practitioners who want a deeper understanding of effective compliance management in a...more

Health Care Compliance Association (HCCA)

[Virtual Event] Richmond Regional Healthcare Compliance Conference - December 9th, 8:25 am - 4:30 pm EST

General and specialty compliance training from the comfort of your home or office! HCCA’s Regional Healthcare Compliance Conferences provide practitioners with virtual compliance training that includes updates on the...more

Health Care Compliance Association (HCCA)

[Virtual Event] San Francisco Regional Healthcare Compliance Conference - December 2nd, 8:25 am - 4:30 pm PST

General and specialty compliance training from the comfort of your home or office! HCCA’s Regional Healthcare Compliance Conferences provide practitioners with virtual compliance training that includes updates on the...more

K&L Gates LLP

Privacy of Health Information After Dobbs: OCR Guidance on Disclosures of PHI and the Privacy of Personal Information on Devices

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On 28 June 2022, in the wake of the U.S. Supreme Court’s ruling in Dobbs vs. Jackson Women’s Health Organization, the U.S. Department of Health and Human Services (HHS) Secretary Xavier Becerra directed the Office for Civil...more

Baker Donelson

HHS Issues Post-Dobbs HIPAA Privacy Guidance for Employer Health Plans, Other Covered Entities

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In the wake of the Supreme Court's decision in Dobbs v. Jackson Women's Health Organization and the evolving legal patchwork now confronting both patients accessing reproductive health care and their health care providers,...more

Health Care Compliance Association (HCCA)

[Virtual Event] Ann Arbor and Columbus Regional Healthcare Compliance Conference - June 24th, 8:25 am - 4:30 pm EDT

General and specialty compliance training from the comfort of your home or office! HCCA’s Regional Healthcare Compliance Conferences provide practitioners with virtual compliance training that includes updates on the...more

Health Care Compliance Association (HCCA)

[Event] Healthcare Privacy Compliance Academy - April 25th - 28th, Chicago, IL

Each Academy provides three-and-a-half days of classroom-style training covering the latest laws, regulations, and developments to help you effectively manage your organization’s compliance program. They are ideal for...more

McGuireWoods LLP

DOJ Settles First False Claims Act Enforcement Action Since Launch of Civil Cyber-Fraud Initiative

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On March 8, 2022, the U.S. Department of Justice (DOJ) announced a $930,000 settlement with Comprehensive Health Services, LLC (CHS) for alleged violations of the False Claims Act (FCA). This settlement marks DOJ’s first...more

Fisher Phillips

Is Asking an Employee if They’re Vaccinated a HIPAA Violation? What Employers Need to Know

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“Are you fully vaccinated?” This seems to have become a million-dollar question that employers want to pose to their workers, but confusion abounds regarding the legal contours of this deceptively dangerous question. Many...more

Quarles & Brady LLP

How Does HIPAA Prevent Using and Disclosing COVID-19 Vaccination Information? HHS OCR Issues Guidance

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Does HIPAA prevent businesses from asking whether customers or clients are vaccinated? (No). Does HIPAA prevent an employer from requiring an employee to disclose vaccination status? (No). Does HIPAA prohibit doctors from...more

Health Care Compliance Association (HCCA)

[Event] Chicago Regional Healthcare Compliance Conference - October 22nd, Chicago, IL

Our one-day Regional Compliance Conferences provide attendees with a forum to interact with local compliance professionals, share information about your compliance successes and challenges, and create educational...more

Seyfarth Shaw LLP

50-State Survey of Health Care Information Privacy Laws

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The world continues to struggle with the impacts of the COVID-19 pandemic, and pressures mount on health care organizations to properly share personal health information. While resources abound on how federal rules such as...more

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