News & Analysis as of

Protected Health Information Health Insurance Portability and Accountability Act (HIPAA) New Guidance

Holland & Hart LLP

OCR Provides Guidance to the Healthcare Industry to Combat Ransomware Attacks

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In the spirit of National Cybersecurity Awareness Month, the Office of Civil Rights (“OCR”) released a new video on October 17, 2024, to promote awareness on ransomware trends in the healthcare industry and how HIPAA subject...more

King & Spalding

HHS Abandons Appeal of AHA’s Lawsuit Challenging HHS Website-Tracking Guidance

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Last week, HHS filed a motion asking the Fifth Circuit’s permission to voluntarily dismiss its appeal of a District Court order directing HHS to rescind its guidance restricting hospitals’ ability to track online traffic to...more

Jones Day

U.S. District Court Invalidates HHS Guidance Overreading HIPAA's Application to Online Technologies

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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

Holland & Knight LLP

While You Were Sleeping: HHS Releases New Guidance on Sensitive Examinations

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"Informed consent" has been described as "a bedrock principle of healthcare in a free society," and if a "patient is denied the ability to exercise or even consider informed consent, the patient's personal liberty suffers."1...more

King & Spalding

CMS Issues New Guidance Regarding Hospital Requirements for Informed Consent from Patients Undergoing Sensitive Examinations

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On April 1, 2024, CMS released new guidance to reiterate and clarify hospital requirements for informed consent from patients with respect to medical professionals performing sensitive examinations, especially for patients...more

Robinson+Cole Health Law Diagnosis

OCR Updates Online Tracking Technologies HIPAA Guidance

On March 18, 2024, the U.S. Department of Health and Human Services Office for Civil Rights (OCR) updated its guidance on the “Use of Online Tracking Technologies by HIPAA Covered Entities and Business Associates” (Guidance)....more

Health Care Compliance Association (HCCA)

[Event] Regional Compliance & Ethics Conference - February 22nd - 23rd, Anchorage, AK

Looking for compliance education and networking in your area? SCCE & HCCA’s Regional Compliance & Ethics Conferences bring compliance practitioners from all disciplines together for convenient, local compliance education....more

Society of Corporate Compliance and Ethics...

[Event] Regional Compliance & Ethics Conference - February 22nd - 23rd, Anchorage, AK

Looking for compliance education and networking in your area? SCCE & HCCA’s Regional Compliance & Ethics Conferences bring compliance practitioners from all disciplines together for convenient, local compliance education....more

Polsinelli

Biden’s October 30, 2023, Executive Order on AI: Key Takeaways for Health Care Stakeholders

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The emergence of generative machine learning models, such as ChatGPT, has led to a surge in interest in artificial intelligence (“AI”) over the past year. This increased interest extends to the health care industry, where AI...more

Ankura

OCR Issues Guidance to Patients and Providers on Telehealth Privacy and Security

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On October 18, 2023, the Department of Health and Human Services (DHHS) through the Office for Civil Rights (OCR) issued an update1 containing two resource documents to help educate patients regarding privacy and security...more

WilmerHale

Washington AG’s Office Releases New Guidance for the My Health My Data Act

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On June 30, 2023, the Washington Attorney General (AG) published a series of Frequently Asked Questions (FAQs) related to the My Health My Data Act (MHMDA). As we discussed previously, the MHMDA will impose new requirements...more

Foley Hoag LLP - Security, Privacy and the...

Expiration of COVID-19 Public Health Emergency Means the Beginning of the End for HIPAA Privacy and Security Enforcement...

The Notifications of Enforcement Discretion issued under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Health Information Technology for Economic and Clinical Health (HITECH) Act during the...more

Holland & Knight LLP

U.S. Department of Education Issues New FERPA Guidance on Student Health Records

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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

Dinsmore & Shohl LLP

COVID HIPAA Flexibilities to Expire

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The U.S. Department of Health and Human Service’s Office of Civil Rights (“OCR”) has announced that several notifications of enforcement discretion issued during the COVID-19 public health emergency (“PHE”) will expire...more

Robinson & Cole LLP

HHS Seeks to Strengthen Protections of Reproductive Health Information with Proposed Changes to HIPAA

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On April 12, 2023, the U.S. Department of Health & Human Services (HHS) released a Notice of Proposed Rulemaking (Proposed Rule) that seeks to enhance safeguards of reproductive health care information through changes to the...more

Manatt, Phelps & Phillips, LLP

HHS Proposes New Data Privacy Protections Related to Reproductive Health Care Services

The Big Picture - On April 12, 2023, the Department of Health and Human Services (HHS) released a notice of proposed rulemaking to address the privacy of protected health information (PHI) related to reproductive health...more

Woods Rogers

Reviewing Online Tracking Technologies Could Keep HIPAA-Regulated Entities Out of Hot Water

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A patient surfs a hospital system’s website and reads an article about depression and anxiety. The patient then searches the hospital’s website for mental health providers in the area. A few hours later, the patient logs into...more

BakerHostetler

OCR Guidance on Use of Tracking Technologies Warrants Review of Website Tech

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The U.S. Department of Health and Human Services Office for Civil Rights (OCR) issued guidance regarding covered entities’ and business associates’ use of tracking technologies (the Guidance). As discussed in greater detail...more

Bricker Graydon LLP

Are you regulated under HIPAA? Ensure your website or app’s user tracking is HIPAA compliant

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On December 1, 2022, the Centers for Medicare and Medicaid Services’ Office of Civil Rights (OCR) issued new guidance to covered entities and business associates regarding website and application user data tracking and how...more

Hogan Lovells

Not so fast: HHS OCR warns that HIPAA applies to online tracking technologies

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Covered Entities and Business Associates must comply with HIPAA in their use of online tracking technologies, including cookies, pixels or similar code. The U.S. Department of Health and Human Services (HHS), Office for Civil...more

McDermott Will & Emery

HHS Issues Guidance on Requirements Under HIPAA for Online Tracking Technologies, Addressing Privacy and Security Concerns Related...

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On December 1, 2022, the Office for Civil Rights (OCR) at the US Department of Health and Human Services (HHS) issued a Bulletin on the obligations of covered entities and business associates (regulated entities) under the...more

Sheppard Mullin Richter & Hampton LLP

OCR Releases Guidance on Use of Tracking Technologies

Most companies operating websites and mobile apps use some form of tracking technologies on these digital properties. While these types of technologies have been used for some time and serve a variety of purposes, the use of...more

Holland & Knight LLP

HHS Offers HIPAA Guidance on Online Tracking Technologies

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For years, patients and healthcare companies have been wrestling with privacy issues relating to cookies, pixels and other tracking technologies. The U.S. Department of Health and Human Services' (HHS) Office of Civil Rights...more

Pullman & Comley - Connecticut Health Law

Factors for Connecticut Health Providers to Consider When Responding to “Required by Law” Requests for Disclosure of Protected...

In June 2022, the HHS Office for Civil Rights issued new HIPAA Privacy Rule Guidance in response to the Supreme Court’s decision in Dobbs v Jackson Women’s Health Organization and state legislation which followed the decision...more

Harris Beach PLLC

Federal Government Issues Privacy Guidance on Reproductive Health Care

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The ripple effect from the U.S. Supreme Court’s ruling in Dobbs v. Jackson Women’s Health Organization has prompted the federal Office of Health and Human Services (HHS) to reinforce core principles of privacy compliance. HHS...more

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