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6 Important Takeaways for HIPAA Covered Entities and Business Associates from 2024 NIST HHS OCR Conference

On October 23-24, 2024, the Department of Health and Human Services (HHS) Office for Civil Rights (OCR) and the National Institute of Standards and Technology (NIST) Information Technology Laboratory hosted the Safeguarding...more

Change Healthcare Incident: Update on ‘Impacted Data’ Analysis and Notification Plan

Late on March 27, Change Healthcare (CHC)’s parent company, UnitedHealth Group (UHG), provided an update on its analysis of the extent of “impacted data” involved in the CHC incident....more

Imminent Cybersecurity Threats to Healthcare Revenue Cycle Management

BakerHostetler is closely monitoring imminent cybersecurity threats to healthcare revenue cycle management personnel and vendors. Most recently, Change Healthcare (CHC), a healthcare technology and business management...more

Pennsylvania’s Data Breach Notification Law Is Changing: What Does It Mean for Entities Doing Business in the Keystone State?

2023 is going to bring big changes to Pennsylvania’s Breach of Personal Information Notification Act. Although the revisions to the law do not go into effect until May 2, 2023, now is the time for Pennsylvania entities to...more

Sounding the Alarm: New Federal Law Will Mandate the Reporting of Cybersecurity Incidents Involving Critical Infrastructure - What...

In response to increased and persistent cybersecurity threats to American infrastructure, Congress passed the Strengthening American Cybersecurity Act (SACA), which President Joe Biden signed into law on March 15. SACA is...more

New Director of HHS Office for Civil Rights Announced: What could Lisa J. Pino’s appointment mean for future HIPAA enforcement?

More than eight months into the Biden administration, the U.S. Department of Health & Human Services (HHS) announced the appointment of Lisa J. Pino as the new director of the Office for Civil Rights (OCR) on Sept. 27, 2021....more

Dramatic Increase in the Number of Third-Party Vendor Incidents Emphasizes the Need for Better Vendor Due Diligence Processes

As reflected in our 2021 Data Security Incident Response Report  2020 saw a sharp spike in the number of incidents involving vendors, which amounted to over 25 percent of the total incidents handled in 2020, and the trend is...more

Executive Order on Improving the Nation’s Cybersecurity: What Does It Mean for Business?

In response to recent highly publicized cybersecurity incidents, President Biden signed an Executive Order on May 12, 2021, that contains eight key initiatives aimed at modernizing the federal government’s response to...more

Court Finds HHS Had No Lawful Basis Under HIPAA for a $4.3 Million Civil Money Penalty: What Does This Mean for Future HHS...

The United States Court of Appeals for the Fifth Circuit recently found that the United States Department of Health and Human Services (HHS) lacked a lawful basis for a $4.3 million civil money penalty order that it issued to...more

Compliance and Cybersecurity Best Practices Rewarded with HIPAA Safe Harbor

On January 5, 2021, H.R. 7898 was signed into law with little fanfare, thereby amending the Health Information Technology for Economic and Clinical Health Act. As the healthcare industry continues to serve as one of the top...more

CISA Updates Advisory on Large-Scale Impending and Credible Ransomware Threat to Healthcare to Include Additional IOCs

On Oct. 28, a joint cybersecurity advisory was published by the Cybersecurity and Infrastructure Security Agency (CISA), the FBI and the Department of Health & Human Services. The advisory warned of an imminent cybercrime...more

Healthcare Providers Remain Targets for Ransomware Attacks in the Midst of COVID-19 Pandemic

Although it was widely reported that several ransomware threat actor groups have pledged to not target healthcare providers until the COVID-19 pandemic is over, BakerHostetler’s Digital Assets and Data Management Practice...more

New HHS Rules Give Patients ‘Unprecedented’ Digital Access to Their Own Health Data but May Put Privacy at Risk

On Monday, the U.S. Department of Health and Human Services (HHS) issued what it calls “transformative” rules that will govern how healthcare providers, insurers and technology vendors must design their systems to give...more

Federal Court Invalidates 2013 HIPAA Omnibus Rule Regulations and HHS Guidance on Fees for Copies of Medical Records

In what is being seen as a strong rebuke to years of regulatory overreach, the United States District Court for the District of Columbia entered an order on January 23, 2020 that invalidates provisions of the 2013 Omnibus...more

Settlement Reached Between Neiman Marcus and State Attorneys General for $1.5 Million for 2013 Payment Card Breach

Last week, the attorneys general (AGs) of 43 states and the District of Columbia announced they reached a $1.5 million settlement with Neiman Marcus Group LLC to resolve an investigation of a 2013 data breach that involved...more

A New Year Brings a New Vermont Law Aimed at Data Brokers and Credit Reporting Agencies

On Jan. 1, 2019, a new Vermont law intended to protect consumers by imposing new requirements on “data brokers,” companies that aggregate and sell consumer information, and credit reporting agencies took effect....more

New Mexico Attorney General Is Turning Up the Heat on Enforcement of Data Privacy Laws

With the announcement last week of its new lawsuit against several tech companies for violating Children’s Online Privacy Protection Act (“COPPA”), the FTC Act, and New Mexico’s Unfair Practices Act (“UPA”), the State of New...more

Is a New Federal Data Privacy Law on the Horizon? The Tech Industry Sure Hopes So

Despite several failed attempts in recent years, there is a new effort underway to enact a federal data privacy law, and it’s being led by a somewhat unlikely source – the tech industry....more

New Jersey Attorney General’s Office Ramping Up Data Privacy and Cybersecurity Enforcement Efforts

The Office of the New Jersey Attorney General (AG’s Office) recently announced that it will be creating a new civil enforcement unit, known as the Data Privacy & Cybersecurity Section (DPC Section), to investigate data...more

Last But Not Least: Alabama Enacts a Data Breach Notification Law with Strong Notification and Security Requirements

Several weeks ago, South Dakota and Alabama became the final two states to enact data breach notification laws. The Alabama Data Breach Notification Act of 2018 takes effect on May 1, 2018, and imposes information security,...more

South Dakota Becomes 49th State to Enact a Data Breach Notification Law

One of two remaining states without a data breach notification law has finally enacted one of its own. On March 21, 2018, South Dakota Governor Dennis Daugaard signed South Dakota Senate Bill 62 into law, creating the newest...more

Industry Watchdog Reminds Digital Advertisers of the Importance of Providing Consumers With Transparency and Choice in Latest...

Two digital advertising companies, Adbrain and Exponential Interactive, were cited in recent decisions by the Better Business Bureau’s Online Interest-Based Advertising Accountability Program (OIBAAP) for not complying with...more

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