News & Analysis as of

State Attorneys General Protected Health Information

Quarles & Brady LLP

Happy Halloween: RIP to the HIPAA Privacy Rule?

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As we settle into spooky season, let’s take a minute to consider a recent development in health care privacy as we ask ourselves, is this a trick or a treat?...more

WilmerHale

Texas Attorney General’s Office Reaches Settlement with AI Company Over Deceptive Claims

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On September 18, the Texas Attorney General (AG) announced a settlement agreement with Pieces Technologies, Inc. (“Pieces”), a Dallas-based healthcare artificial intelligence (AI) research and development firm, resolving...more

Troutman Pepper

Texas AG Challenges HHS Privacy Rules

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On September 4, Texas Attorney General (AG) Ken Paxton filed a lawsuit against the Department of Health and Human Services (HHS) Office for Civil Rights (OCR), challenging two key Health Insurance Portability and...more

Rivkin Radler LLP

Biotech Company Pays $4.5 Million for Data Breach

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The Office of the New York State Attorney General announced on August 13 that Letitia James, along with the Attorneys General of Connecticut and New Jersey, fined Enzo Biochem, Inc. $4.5 million for failing to adequately...more

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

Massachusetts Attorney General Announces Breach Resources for Consumers Impacted by Change Healthcare Breach

The Massachusetts Attorney General’s Office (AGO) issued an announcement last week to inform consumers who may have had their personal information breached in Change Healthcare’s cyberattack this past February. The AGO was...more

Cozen O'Connor

Indiana AG Sues Apria Healthcare for Data Breach(ing HIPAA Duties)

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Indiana AG Todd Rokita sued home healthcare equipment and services provider Apria Healthcare, LLC for allegedly failing to investigate and inform consumers regarding data breaches beginning in 2019 in violation of state data...more

Cozen O'Connor

No X-Ray Vision Necessary for this Security Breach

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New York AG Letitia James settled with US Radiology Specialists, Inc. to resolve allegations that the private radiology group violated New York’s Executive Law and General Business Law by failing to adequately protect...more

Cozen O'Connor

Healthcare Co.’s Coding Error Allegedly PHI-cilitates PHI-shing for PHI

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A bipartisan coalition of 33 AGs settled with health care clearinghouse Inmediata Health Group, LLC and an affiliated entity (collectively, Inmediata) to resolve allegations that Inmediata violated state consumer protection...more

Troutman Pepper

Your Organization Has Suffered a Data Incident: Now Here Are the Regulators It Will Likely Encounter

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Government regulators are seemingly as numerous as the stars nowadays, especially in the universe of data incidents. When organizations experience a data incident, they will need to quickly assess what happened, why it...more

Cozen O'Connor

FTC and HHS Express Concern Over Health Data Disclosed by Online Tracking Technologies

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The FTC and HHS Office of Civil Rights sent a joint letter to approximately 130 hospital systems and telehealth providers to warn them about the risks of unauthorized disclosure of personal health information (PHI) associated...more

Latham & Watkins LLP

Recently Enacted Health Data Privacy Laws in Washington and Nevada Pose Challenges for Businesses

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Washington State and Nevada have now passed health data privacy laws that impose obligations relating to the collection, processing, and sharing of “consumer health data.” Both laws (collectively, State Health Data Privacy...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

Cozen O'Connor

AGs Settle with EyeMed for $2.5 Million after Allegedly Lax Data Security Lead to Data Breach

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The AGs of Oregon, New Jersey, Florida, and Pennsylvania settled with EyeMed Vision Care LLC to resolve allegations that the company violated state consumer protection and personal information protection laws, as well as the...more

Robinson+Cole Data Privacy + Security Insider

NYAG Issues Fine Against Law Firm for Data Breach

New York Attorney General Letitia James announced on March 27, 2023 that she had levied a fine against law firm Heidell, Pittoni, Murphy & Bach LLP for failing to secure personal and health information of clients exposing the...more

WilmerHale

Attorneys General Bring Multistate Data Breach Settlement Against DNA Testing Lab

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On February 17, 2023, the state attorneys general of Pennsylvania and Ohio reached a settlement with Ohio-based DNA Diagnostics Center (“DDC”) for a 2021 data breach that affected 2.1 million individuals nationwide and...more

Rivkin Radler LLP

EyeMed Fined $600K for 2020 Data Breach

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On January 24, New York Attorney General Letitia James announced a settlement with EyeMed Vision Care LLC based on shortcomings in the company’s data security procedures. The problems were discovered during the state’s...more

Robinson+Cole Data Privacy + Security Insider

New Jersey Settles with Cancer Center Over Business Email Compromise

One of the challenging things about HIPAA (Health Insurance Portability and Accountability Act) enforcement is the fact that both the Office for Civil Rights and State AGs have jurisdiction to assess fines and penalties for...more

Cozen O'Connor

Fertility Clinic Allegedly Failed to Safeguard Personal Health Information of 15,000 Patients

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New Jersey Acting AG Andrew Bruck reached a settlement with healthcare provider Diamond Institute for Infertility and Menopause, LLC (“Diamond”) to resolve allegations stemming from a 2016 data breach that compromised the...more

Sheppard Mullin Richter & Hampton LLP

Breach of PHI? California AG Reminds Companies of Potential State Notification Obligations

The California AG recently reminded companies in the healthcare industry of potential data breach notification obligations beyond HIPAA. As ransomware attacks continue to rise, particularly in healthcare, companies should...more

Health Care Compliance Association (HCCA)

New Enforcement Threat: 'Coordinated' AGs Pursuing Settlements Following Big Breaches

Report on Patient Privacy 20, no. 12 (December 10, 2020) - In late September, Anthem Inc. entered into a $39.5 million settlement for a 2014 data breach that affected nearly 79 million individuals. About a week later,...more

Wyrick Robbins Yates & Ponton LLP

The California Attorney General's Settlement with Glow: A Wake-Up Call for Consumer Health App Developers

Consumer-directed health apps are experiencing a boom thanks to COVID-19, as consumers seeking to avoid doctors’ office waiting rooms are increasingly relying on apps to measure and maintain their health.  That trend is...more

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - March 2020 #3

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HHS Targeted by Nation-State Hackers - Evil doers know that the best time to attack is during a crisis or a time of vulnerability. As the United States, and specifically, the Department of Health and Human Services (HHS)...more

Poyner Spruill LLP

HIPAA Breach Settles for $1M in First Settlement Involving State Attorneys General

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Last week, Indiana based Medical Informatics Engineering, Inc. (MIE) agreed to pay $100,000 to the U.S. Department of Health and Human Services’ Office for Civil Rights (OCR). MIE provides electronic health record and related...more

Poyner Spruill LLP

12 Attorneys General Sue for 2015 Breach in First Case of Its Kind

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North Carolina joined Attorneys General from a dozen states in suing Indiana based Medical Informatics Engineering (MIE) and affiliates. The complaint alleges that the companies failed to undertake reasonable measures to...more

Sheppard Mullin Richter & Hampton LLP

States Taking Actions Against Health IT Companies Over Data Breaches

Twelve state attorneys general have brought suit against two medical Information Technology companies. The AGs allege that the companies, Medical Informatics Engineering Inc. and its subsidiary, NoMoreClipboard LLC, had poor...more

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