Podcast–Interoperability: How Far We’ve Come and Where We’re Going - Diagnosing Health Care
More than four years after an industry trade association first filed its challenge to a November 2020 ballot initiative in Massachusetts, a federal judge issued an order in Alliance for Automotive Innovation v. Campbell...more
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
Can you believe it? Summer isn’t over yet, but it’s already time to start thinking about the upcoming school year. For parents of younger children, this means shopping for school supplies and new clothes, reestablishing...more
On July 1, 2024, the U.S. Department of Health and Human Services (HHS) released a final rule outlining financial penalties, referred to as “disincentives” throughout the rule, for healthcare providers that engage in conduct...more
The Fourth Circuit has clarified the standard for evaluating a nonparty’s attempt to access sealed summary judgment filings under the First Amendment. In United States ex rel. Oberg v. Nelnet, Inc., — F.4th –, No. 23-1808,...more
As discussed in our April 26, 2024, health law update, “New Limits on Minor Consents in Idaho,” effective July 1, 2024, the Parents’ Rights in Medical Decision-Making Act will generally require healthcare providers to obtain...more
Keypoint: Colorado employers and controllers that collect and process biometric data and identifiers will need to comply with disclosure, consent, and retention requirements beginning on July 1, 2025. In late April, the...more
Over the weekend, lawmakers unveiled the latest push for a federal privacy law – the American Privacy Rights Act (APRA). The bill was circulated as a discussion draft by Sen. Maria Cantwell (D-WA), Chair of the Senate...more
Effective July 1, 2024, Idaho healthcare providers must obtain parental consent to treat unemancipated minors or face civil liability except in emergency cases. In addition, parents will have a right to access the medical...more
Washington and Nevada join the ever-growing group of states passing laws to regulate data privacy with the Washington My Health My Data Act (“MHMDA”) and the Nevada Consumer Health Data Privacy Law (the “CHDPL”), both of...more
This briefing is a part of a Walkers series on the Data Protection (Bailiwick of Guernsey) Law, 2017 (the "DPL"), and provides an overview of section 15 of the DPL (the Right to Access) and describes some key points which...more
If the penultimate enforcement settlement of 2023 issued by the HHS Office for Civil Rights (OCR) sounds familiar, that’s with good reason. And the last one of the year should ring some bells, too....more
On November 27, 2023, the California Privacy Protection Agency (CPPA) unveiled draft automated decisionmaking technology (ADMT) regulations that would set forth new consumer protections related to the profiling of consumers...more
Keypoint: The California Privacy Protection Agency continued its rulemaking efforts by releasing draft automated decisionmaking technology regulations although the Agency has yet to initiate the formal rulemaking process....more
The North Carolina Court of Appeals recently issued an opinion on the question of when documents solely in the possession of a third-party contractor—and not a public body—are public records subject to production under the...more
Although enactment of federal legislation regulating the use of AI is likely not on the near-term horizon, a number of federal agencies, including the Federal Trade Commission (FTC), have been reminding the entities they...more
Florida has become the latest state to enact a comprehensive privacy law this year when SB 262 was signed by Governor DeSantis last week. It combines some new, and some familiar, provisions. It has also passed a child privacy...more
Under the California Consumer Privacy Act (CCPA), California consumers may exercise certain rights in relation to their personal information – and businesses have strict deadlines to respond to such consumer requests. These...more
On Thursday, May 11, Gov. Bill Lee (R) signed into law the Tennessee Information Protection Act. The new TIPA follows the recent enactment of data privacy laws in Iowa and Indiana. The other states with data privacy laws are...more
On May 11, 2023, Tennessee became the eighth state to join the most recent trend in state legislation when Governor Lee signed the Tennessee Information Protection Act (TIPA) into law. Tennessee follows other states that...more
On the heels of the unanimous passage of Iowa’s Act Relating to Consumer Data Protection on March 28, Indiana’s Consumer Data Protection Act was passed by the state legislature on April 13 and has been signed into law by Gov....more
In this second post in our ongoing series, we examine the scope of rights given to consumers under the recently enacted My Health My Data Act... The law provides consumers several rights, all of which are in other privacy...more
The Indiana Legislature is poised to pass Senate Bill 5, a comprehensive privacy statute (the “Act”), and send it on to the Governor. Once signed, the Act will become operative on January 1, 2026, and make Indiana the seventh...more
On March 27, 2023, the California Privacy Protection Agency (CPPA) will close its second phase of rulemaking on automated decision-making (ADM) systems under the California Privacy Rights Act (CPRA)— but not before giving...more
Iowa will soon be the sixth state in the nation with a comprehensive consumer privacy law – but the good news for employers is that it does not apply to data collected in the employment context and does not include a private...more