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Are We There Yet? New HIPAA Privacy Protections for Reproductive Health Data May Be Just Ahead

As states enact and enforce various laws restricting, prohibiting, and even criminalizing abortion and other reproductive health care services, HIPAA rules that allow disclosure of patient information become potential privacy...more

OCR Warns Providers About Patient Data Trackers

Earlier this week, our Fox partner Odia Kagan spoke on HIMSS TV about the risks associated with what may be a “blind spot” in your data privacy compliance efforts: the use of data trackers (such as cookies, tracking pixels,...more

Planned Parenthood Los Angeles Data Breach Coincides with Spotlight on Roe v. Wade

According to this article, 2021 has been a “particularly dire year” for health care data breaches. So, it may not seem shocking that a hacker gained access to the protected health information of approximately 400,000...more

Updated OCR Guidance On Contacting Recovered COVID-19 Patients

The Office for Civil Rights within the Department of Health and Human Services (OCR) provided guidance in June that reassured covered entity health care providers and that it is generally OK to use or disclose protected...more

FAQs On HIPAA Privacy And COVID-19

Fox Rothschild partner Bill Maruca’s article, “Protecting Privacy During an Infectious Disease Panic”, is (unfortunately) as relevant today as it was when it was posted more than 5 years ago. Swap Ebola for COVID-19, and the...more

Does the HIPAA Concept Of De-identification Serve To Adequately Protect The Privacy Of All Personal Health Information?

Some twenty-three years ago, the first well-publicized incident of the re-identification of de-identified personal health data was brought to the attention of the American public. It involved the then governor of...more

One Of Three $3 Million Lessons: Encrypt Mobile Devices

A large New York hospital system learned this lesson the expensive way. According to a U.S. Department of Health and Human Services (HHS) press release issued earlier this week, the Office for Civil Rights (OCR) investigated...more

Back To School And Back To BAAs: OCR Guidance Provides Reason To Review BAA Provisions

Last May, around the time many schools let out for the summer, the Office for Civil Rights (“OCR”) published guidance entitled “Direct Liability of Business Associates” (the “Guidance”), which focuses, not surprisingly, on...more

Where HIPAA Stops, CCPA Begins

Why Covered Entities and Business Associates Cannot Ignore the New California Data Privacy Law- The California Consumer Privacy Act (CCPA) applies to a wide range of for-profit businesses that collect the personal...more

Too Much (Protected Health) Information Exposed + Too Little Response = $3M And Corrective Action Plan For Medical Imaging Company

“TMI” usually means “too much information”, but it was used aptly by the Office for Civil Rights (OCR) as an acronym for a covered entity that exposed protected health information (PHI) of more than 300,000 patients through...more

The Heavy Hit Of HIPAA: Violations May Send You To Jail

The recent criminal conviction of a Massachusetts physician provides a stark reminder that violating HIPAA can result in more than civil monetary penalties and the financial and reputational fall-out that results from a...more

Top 5 Common HIPAA Mistakes To Avoid In 2018

Heading into its 22nd year, HIPAA continues to be misunderstood and misapplied by many, including health care industry professionals who strive for (or at least claim the mantle of) HIPAA compliance. Here is my “top 5” list...more

“Getting Receipts” – The Millennial Disconnect Between Short-Term Social Media Posts And HIPAA

Long gone are the days when social media consisted solely of Myspace® and Facebook®, accessible only by logging in through a desktop computer at home or personal laptop. With every single social media platform readily...more

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