In the first part of this blog post, we looked into the OCR and FTC’s focus on third-party tracking technologies. We also reviewed the AHA Lawsuit and its impact for the use of tracking technologies. In this blog post, we...more
11/19/2024
/ Administrative Law Judge (ALJ) ,
Administrative Procedure Act ,
Business Associates ,
Chevron Deference ,
Covered Entities ,
Data Collection ,
Department of Health and Human Services (HHS) ,
Enforcement Actions ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Judicial Review ,
Loper Bright Enterprises v Raimondo ,
OCR ,
PHI ,
Third-Party Service Provider ,
Vendors ,
Web Tracking ,
Websites
On June 20, 2024, the Northern District of Texas issued its final order in American Hospital Association, et al. v. Becerra, et al. (AHA), granting the plaintiffs’ (the American Hospital Association, two Texas health systems...more
6/28/2024
/ American Hospital Association et al v Becerra Secretary Of Health And Human Services et al ,
Business Associates ,
Consumer Privacy Rights ,
Covered Entities ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Privacy Rule ,
Hospitals ,
OCR ,
PHI ,
Privacy Laws ,
Regulatory Authority ,
State Privacy Laws ,
Web Tracking ,
Websites
On Feb. 16, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) published its 2022 Annual Report to Congress. ...more
3/19/2024
/ Annual Reports ,
Breach Notification Rule ,
Business Associates ,
Covered Entities ,
Data Breach ,
Department of Health and Human Services (HHS) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Breach Notification Rule ,
HITECH Act ,
OCR ,
PHI ,
Regulatory Authority
On February 8, 2024, the U.S. Department of Health & Human Services (HHS) released a final rule modifying 42 CFR Part 2 (Part 2) provisions regarding the confidentiality of Substance Use Disorder (SUD) Patient Records. The...more
3/1/2024
/ Administrative Procedure ,
Business Associates ,
CARES Act ,
Compliance ,
Consent ,
Covered Entities ,
Data-Sharing ,
Department of Health and Human Services (HHS) ,
Final Rules ,
Health Care Providers ,
HIPAA Breach Notification Rule ,
HITECH Act ,
Information Sharing ,
Opioid ,
Patient Privacy Rights ,
PHI ,
Prior Authorization ,
Public Health ,
SAMHSA ,
Substance Abuse ,
Tribal Governments
Nearly two months after settlement was reached, the Department of Health and Human Services Office for Civil Rights (HHS OCR) announced on Feb. 6 that it obtained a resolution agreement with Montefiore Medical Center over...more
2/13/2024
/ Business Associates ,
Compliance ,
Covered Entities ,
Department of Health and Human Services (HHS) ,
Electronic Protected Health Information (ePHI) ,
Enforcement Actions ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
OCR ,
PHI ,
Security and Privacy Controls
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
12/14/2022
/ Business Associates ,
Cookies ,
Covered Entities ,
Data Collection ,
Department of Health and Human Services (HHS) ,
Electronic Medical Records ,
Electronic Protected Health Information (ePHI) ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
New Guidance ,
OCR ,
PHI ,
Tracking Systems
On November 28, 2022, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) and the Substance Abuse Mental Health Services Administration (SAMHSA) announced a Notice of Proposed Rulemaking...more
12/6/2022
/ Business Associates ,
CARES Act ,
Covered Entities ,
Department of Health and Human Services (HHS) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HITECH Act ,
Medical Records ,
NPRM ,
OCR ,
SAMHSA ,
Substance Abuse
To help guide entities through the significant confusion and changes that will be evolving for the next several years, BakerHostetler has assembled the Dobbs Decision Task Force (DDTF), led by attorneys in five major areas...more
On June 29, in response to the U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, the U.S. Department of Health & Human Services Office for Civil Rights (HHS OCR) issued guidance on when entities...more
7/5/2022
/ Business Associates ,
Covered Entities ,
Department of Health and Human Services (HHS) ,
Disclosure Requirements ,
Dobbs v. Jackson Women’s Health Organization ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Privacy Rule ,
Law Enforcement ,
New Guidance ,
OCR ,
PHI ,
SCOTUS
In what is being seen as a strong rebuke to years of regulatory overreach, the United States District Court for the District of Columbia entered an order on January 23, 2020 that invalidates provisions of the 2013 Omnibus...more