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Health System Cybersecurity Risks: Part Two

In this two-part Triage series, Gina Bertolini, Sarah Carlins, and Jianne McDonald analyze two recent HHS initiatives that address cybersecurity risks to hospitals and health systems nationwide. Cybersecurity events involving...more

Health System Cybersecurity Risks: Part One

In this two-part Triage series, Gina Bertolini, Sarah Carlins, and Jianne McDonald analyze two recent HHS initiatives that address cybersecurity risks to hospitals and health systems nationwide. Cybersecurity events involving...more

The Million Dollar Question: Long-Awaited Final Rules Outline Information Blocking Enforcement Priorities and Civil Monetary...

On 27 June 2023, the Department of Health and Human Services (HHS), Office of Inspector General (OIG) posted its long-awaited final rule (CMP Final Rule) related to the federal information blocking regulations and the...more

HHS Proposes Heightened Protections for "Highly Sensitive" PHI Related Reproductive Health Care in the Wake of Dobbs

SUMMARY - The US Department of Health and Human Services’ Office for Civil Rights (HHS) is proposing changes to the Privacy Rule under the Health Insurance Portability and Accountability Act (HIPAA). HHS's proposed changes...more

The U.S. Fifth Circuit Court of Appeals Is Poised to Address Emergency Abortions and the Scope of EMTALA's Preemption of State...

On 10 March 2023, the U.S. Department of Justice (the DOJ) appealed to the Fifth Circuit Court of Appeals an amended final decision by the Northern District of Texas (the Texas District Court) that struck down U.S. Department...more

Confidentiality of Substance Use Disorder Records: Long-awaited NPRM Proposes Aligning Part 2 with HIPAA

BACKGROUND - As we noted in prior health care alerts in 2020, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) significantly overhauled the federal law that governs the confidentiality of substance use...more

Privacy of Health Information After Dobbs: OCR Guidance on Disclosures of PHI and the Privacy of Personal Information on Devices

On 28 June 2022, in the wake of the U.S. Supreme Court’s ruling in Dobbs vs. Jackson Women’s Health Organization, the U.S. Department of Health and Human Services (HHS) Secretary Xavier Becerra directed the Office for Civil...more

ONC Interim Final Rule Delays Information Blocking Rule Initial Compliance Deadline

On Thursday, 29 October 2020, the HHS Office of the National Coordinator for Health IT (ONC) released an interim final rule (Interim Final Rule) that: (a) delays the compliance dates and timeframes for certain regulatory...more

Blocking and Tackling: What Every Health Care Provider's Legal, IT, and Compliance Teams Need to Know About Information Blocking...

INTRODUCTION - The Department of Health and Human Services’ Office of the National Coordinator for Health Information Technology (ONC) is responsible for the implementation of key provisions of Title IV of the 21st Century...more

COVID-19: K&L Gates Triage: Telehealth Expansions During the COVID-19 Emergency - What Providers Need to Know

In this week’s episode, Gina Bertolini, Lindsey Rogers-Seitz and Leah Richardson discuss a number of efforts undertaken by Congress and the U.S. Department of Health and Human Services (HHS) in recent weeks to expand the...more

COVID-19: Protecting Critical Health Resources to Prevent the Spread of COVID-19: President Trump’s Executive Order Gives HHS...

On Wednesday, President Trump issued an Executive Order (“E.O.”) granting broad control to U.S. Health and Human Services (“HHS”) Secretary Alex Azar over the production and distribution of health resources needed to prevent...more

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