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HHS Finalized Part 2 Revisions: What Has Changed?

On February 8, 2024, the U.S. Department of Health and Human Services, through its Office for Civil Rights (OCR) and the Substance Abuse and Mental Health Services Administration (SAMHSA), released final rule (Final Rule)...more

“First-of-Its-Kind” FTC Breach Enforcement Case on Hot-Button Website Tracking Issue

On February 1, 2023, the Federal Trade Commission (“FTC”) announced that it filed a “first-of-its-kind proposed order” under its Health Breach Notification Rule promulgated pursuant to section 13407 of the American Recovery...more

Protecting Privilege in the Cybersecurity Context: Applying Recent Commentary from the Sedona Conference Working Group

Taking affirmative steps to protect sensitive IT information from disclosure during litigation is critical prior to, during and after cybersecurity incidents. Counsel and IT professionals can apply recent commentary from the...more

HHS’s Enforcement Discretion Notice May Signal More Potential Violations

The HHS Office for Civil Rights (“OCR”) issued a notice in the Federal Register regarding its Enforcement Discretion (84 Fed. Reg. 18151) on April 30, 2019. HHS announced that HHS will now apply a different cumulative annual...more

Historic State AG HIPAA Filing: An Important Case We Are Watching

In December 2018, twelve state Attorneys General ("AGs") jointly filed suit against Medical Informatics Engineering, Inc. (“MIE”) claiming it violated the Health Insurance Portability and Accountability Act and its related...more

Deal Breaker – Cyber Security Risk in Health Care Transactions

Health care organizations’ lack of compliance with the data privacy and security requirements of both state laws and the Health Insurance Portability and Accountability Act (“HIPAA”) Privacy, Security and Breach Notification...more

HIPAA-Covered Entities: It’s Time to Cover Yourself - Are you prepared for Colorado’s new data breach law to take effect?

On May 29, 2018, Colorado Governor John Hickenlooper signed changes to Colorado law that significantly increase potential data breach burdens and financial penalties on entities operating in Colorado.1 Beginning September 1,...more

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