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Slew of OCR activity underscores agency’s focus on security and AI

Recent enforcement actions, audit activity, proposed rulemakings, and guidance issued by the U.S. Department of Health and Human Services (“HHS”), Office for Civil Rights (“OCR”) highlight the agency’s focus on health data...more

New Washington consumer health privacy policy guidance may complicate broader compliance efforts

Adding to the growing list of heightened privacy and data protection requirements imposed on consumer health data and other categories of sensitive personal data, the Washington Attorney General recently updated its guidance...more

U.S. Senator requests information on ways to improve privacy protections of health data

Adding to the growing trend of policymakers interested in regulating health and wellness data, last week U.S. Senator Bill Cassidy requested stakeholder feedback to help identify solutions to modernize HIPAA and ensure all...more

HHS OCR creates new HIPAA enforcement arm and enhances focus on cybersecurity and privacy oversight

This week the U.S. Department of Health and Human Services, the agency responsible for HIPAA enforcement, announced the formation of three new divisions within the Office for Civil Rights (“OCR”). The new divisions –...more

Legislators Announce Compromise U.S. Federal Privacy Bill with Support in both the House and Senate

Momentum is growing for a federal privacy law in the United States. A bipartisan group of House and Senate leaders have released a discussion draft of a baseline consumer data protection legislation. The American Data...more

HHS seeks comment by June 6 on recognized security practices as mitigating factor in HIPAA enforcement

The US Department of Health Human Services (HHS) is seeking public comments about the appropriate role of “recognized security practices” in enforcement of the HIPAA Security Rule. Congress, through an amendment to the HITECH...more

FTC emphasizes expectations around the health breach notification rule

The Federal Trade Commission (FTC) recently has signaled its intent to inject new life into a longstanding but rarely triggered rule governing health breach notifications for non-HIPAA-covered health records. Specifically,...more

Fifth Circuit Vacates $4.3M Penalty Against MD Anderson Related to Data Losses

There has been a significant development in the ongoing debate regarding the scope of the authority of the Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) to issue penalties under the Health...more

COVID-19 Exit Strategy: A Global Privacy and Cybersecurity Guide - May 2020

As the world focuses its efforts on the right strategy to beat the coronavirus and make normal life safe again, businesses are devising and implementing a variety of measures to deal with the COVID-19 crisis which rely on the...more

COVID-19 exit strategy: A global privacy and cybersecurity guide

The world is on a mission: beating the coronavirus and making normal life safe again. This is a scientific and medical challenge like no other, but our collective hope is that a viable solution will be found. In parallel,...more

OCR Provides Insight into Enforcement Priorities and Breach Trends

Regulators, industry experts, and researchers provided insight into health privacy and security enforcement trends, emerging threats, and new tools at a recent conference focused on the Health Insurance Portability and...more

Recap of the OCR/NIST Conference on Safeguarding Health Information

Regulators provided key insights into enforcement trends and potential changes to HIPAA regulations at the 11th Annual “Safeguarding Health Information: Building Assurance Through HIPAA Security” conference in October...more

California Consumer Privacy Act: The Challenge Ahead – Four Key Considerations For Health And Life Sciences Companies

This is the sixth installment in Hogan Lovells’ series on the California Consumer Privacy Act. The California Consumer Privacy Act of 2018 (CCPA) adds another set of privacy requirements for health and life sciences...more

How the U.S. Healthcare Sector Can Prepare for and Harden Its Systems Against Cyberattack

“The number one issue on the minds of many CEOs and boards is cyberattacks and data breaches,” said Hogan Lovells partner Marcy Wilder. In this hoganlovells.com interview, Wilder discusses three key things health sector...more

Combatting the Massive Wave of WannaCry Ransomware

Major companies, health care organizations and government agencies are facing a wave of cyberattacks involving ransomware that takes control of computers and denies access until a ransom is paid. These attacks are occurring...more

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