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Proposed Modernization of the HIPAA Security Rules

The HIPAA Security Rule was originally promulgated over 20 years ago. While it historically provided an important regulatory floor for securing electronic protected health information, the Security Rule’s lack of...more

Recent Developments in Health Care Cybersecurity and Oversight: 2024 Wrap Up and 2025 Outlook

As Cyberattacks targeting the health care sector have continued to intensify over the past year, including ransomware attacks that have resulted in major data breaches impacting health care organizations, the protection of...more

OCR Withdraws Appeal of District Court Order Declaring Unlawful and Vacating the “Proscribed Combination” Portion of Its HIPAA...

On March 18, 2024, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) issued updated guidance regarding the use of online tracking technologies by entities and business associates subject to...more

HHS Warns HIPAA Covered Entities and Business Associates That Use of Website Cookies, Pixels and Other Tracking Technology May...

On December 1, 2022, the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) published a bulletin warning that commonly used website technologies, including cookies, pixels, and session...more

A Recently-Released “Discussion Draft” of the “American Data Privacy and Protection Act” Provides Insight Into Recent Bipartisan...

As reported in a June 3, 2022 press release from the House Committee on Energy and Commerce, U.S. Representatives Frank Pallone, Cathy McMorris Rodgers, and Senator Roger Wicker released a “discussion draft” of a federal data...more

President Biden Signs into Law the Cyber Incident Reporting Act, Imposing Reporting Requirements for Cyber Incidents and...

On March 15, 2022, President Biden signed into law the 2022 Consolidated Appropriations Act containing the Cyber Incident Reporting for Critical Infrastructure Act of 2022 (the “Cyber Incident Reporting Act”). While President...more

FTC Warns That Health Apps May Be Subject to the Health Breach Notification Rule

The Federal Trade Commission (“FTC”) recently issued guidance clarifying protections applicable to consumers’ sensitive personal data increasingly collected by so-called “health apps.” The FTC press release indicated it has...more

HITECH Act Amendment Incentivizes Adoption of NIST and Other Recognized Cybersecurity Safeguards as a Defense or Mitigation to...

On January 5, 2020, HR 7898, became law amending the Health Information Technology for Economic and Clinical Health Act (HITECH Act), 42 U.S.C. 17931, to require that “recognized cybersecurity practices” be considered by the...more

New York Joins the Wave of States Requiring Businesses to Adopt Reasonable Cybersecurity Safeguards to Protect Private Information

New York has joined California, Massachusetts, and Colorado in adopting a law that requires businesses that collect private information on residents to implement reasonable cybersecurity safeguards to protect that...more

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