As we bid farewell to 2020 and look toward the uncharted territory of 2021, it is hard not to take inventory of all that has changed in such a short period. No one at the beginning of 2020 would have predicted what transpired...more
1/26/2021
/ Artificial Intelligence ,
California Consumer Privacy Act (CCPA) ,
Communications Decency Act ,
Contact Tracing ,
COPPA ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
DMCA ,
Employee Monitoring ,
FERPA ,
General Data Protection Regulation (GDPR) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Personal Data ,
Personally Identifiable Information ,
Ransomware ,
Van Buren v United States
On May 22, 2020, the Federal Trade Commission (the “FTC”) published its decennial request for public comment (the “RFC”) on the FTC’s Health Breach Notification Rule (the “HBN Rule”)....more
6/25/2020
/ Breach Notification Rule ,
Comment Period ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Breach Notification Rule ,
HITECH Act ,
Medical Records ,
Personally Identifiable Information ,
PHI
Every year, the National Institute of Standards and Technology (NIST) and the Department of Health and Human Services, Office for Civil Rights (OCR) jointly sponsor a conference to “address the dynamic and challenging...more
10/25/2019
/ Civil Monetary Penalty ,
Cybersecurity ,
Data Protection ,
Department of Health and Human Services (HHS) ,
Electronic Medical Records ,
Enforcement Actions ,
Final Determinations ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
NIST ,
NPRM ,
OCR ,
Personally Identifiable Information ,
PHI
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
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
5/15/2019
/ Civil Monetary Penalty ,
Data Breach ,
Electronic Medical Records ,
Enforcement Authority ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Breach ,
HITECH Act ,
Information Technology ,
OCR ,
Personally Identifiable Information ,
PHI
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
2/8/2019
/ Data Breach ,
Electronic Medical Records ,
Electronic Protected Health Information (ePHI) ,
Enforcement Actions ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Breach ,
Information Technology ,
Personally Identifiable Information ,
Regulatory Violations ,
Risk Management ,
Security Rule