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California AG Issues Two AI Legal Advisories

On January 13, 2025, California Attorney General (AG) Rob Bonta issued two legal advisories: one for businesses generally (General Advisory) and one specific to healthcare entities (Health Advisory). These advisories identify...more

FTC Amends Health Breach Notification Rule to Regulate Health Apps and Expand Breach Notification Requirements

On April 26, 2024, the Federal Trade Commission (FTC) issued a final rule to amend its Health Breach Notification Rule (HBN Rule). The HBN Rule works as a complement and counterpart to the breach notification requirements...more

OCR Update on Tracking Technologies Provides Little Relief for HIPAA-Regulated Entities

On March 18, 2024, the US Department of Health and Human Services Office for Civil Rights (OCR) issued an update to its December 1, 2022, bulletin titled “Use of Online Tracking Technologies by HIPAA Covered Entities and...more

Change Healthcare Security Incident – Practicable Next Steps for Impacted Customers

The Change Healthcare ransomware attack presents potentially significant ramifications for hospitals, health systems, pharmacies and others that rely on the organization’s tools for healthcare payment, revenue cycle...more

[Event] Digital Health Forum 2023 - May 17th - 18th, New York, NY

Building on the success of our inaugural conference, McDermott’s Digital Health Forum is back! Join senior leaders transforming digital health for ample networking opportunities and robust panel discussions on the business,...more

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

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

[Webinar] Cybersecurity & Insurance Coverage in the Age of Telehealth: Understanding and Mitigating Your Risk - April 8th, 12:00...

Amid the demands of the COVID-19 pandemic, telemedicine became a vital resource for physicians and patients alike. Even with a potential “new normal” on the horizon, telemedicine is here to stay. But with the expansion of...more

Significant Increase in Ransomware Attacks on Healthcare Industry – OCR Offers Guidance

Recent months have seen a wave of ransomware attacks in the US healthcare industry, many involving a sophisticated strain of malware called Ryuk. To protect themselves, healthcare providers should review OCR’s recent guidance...more

Healthcare Enforcement Quarterly Roundup | Q2 2019

In this second installment of the Healthcare Enforcement Quarterly Roundup for 2019, we cover several topics that have persisted over the past few years and identify new issues that will shape the scope of enforcement efforts...more

[Event] Privacy & Cybersecurity Risk Management Series: Insights on Cybersecurity and Data Privacy - June 18th, New York, NY

Information is one of your company’s most valuable assets. It is critical to remain vigilant to protect against the latest cybersecurity threats and to comply with expansive privacy obligations. Join us in New York City for...more

On the Subject - The Continuing Disconnect between the Health Care Industry and OCR on HIPAA’s Risk Analysis Requirement

Lack of a sufficient risk analysis continues to be one of the most commonly alleged violations in Office for Civil Rights (OCR) HIPAA enforcement actions, appearing in half of all OCR settlements announced in the last 12...more

OCR Launches Phase 2 HIPAA Audit Program with Pre-Audit Screening Surveys

Health Insurance Portability and Accountability Act of 1996 (HIPAA) covered entities have reported that the U.S. Department of Health and Human Services Office for Civil Rights (OCR) recently sent pre-audit screening surveys...more

Just in Time for the Holidays: Another HIPAA Settlement

On December 2, 2014, the Office for Civil Rights (OCR) and Anchorage Community Mental Health Services, Inc., (ACMHS) entered into a Resolution Agreement and Corrective Action Plan (CAP) to settle alleged violations of the...more

OCR to Begin Phase 2 of HIPAA Audit Program

The U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) will soon begin a second phase of audits (Phase 2 Audits) of compliance with Health Insurance Portability and Accountability Act of 1996 (HIPAA)...more

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