News & Analysis as of

Data Breach Data Protection Health Insurance Portability and Accountability Act (HIPAA)

Constangy, Brooks, Smith & Prophete, LLP

Cybersecurity challenges in the health care industry: Legal, regulatory, and risk considerations

Health care remains one of the most targeted and vulnerable sectors when it comes to cyberattacks. In fact, a recent breach at a major health care analytics firm exposed the data of 5.4 million U.S. patients, making it one of...more

Clark Hill PLC

Right To Know - April 2025, Vol. 28

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Welcome to your monthly rundown of all things cyber, privacy, and technology, where we highlight all the happenings you may have missed. ...more

Smith Anderson

Healthcare Cyberattacks Are on the Rise: Steps to Safeguard Your Organization

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Cyberattacks remain one of the most serious threats facing the healthcare industry. Healthcare providers and their vendors handle sensitive and valuable health data, making them prime targets for cybercriminals....more

Clark Hill PLC

Right To Know - March 2025, Vol. 27

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Cyber, Privacy, and Technology Report - Welcome to your monthly rundown of all things cyber, privacy, and technology, where we highlight all the happenings you may have missed....more

Health Care Compliance Association (HCCA)

$1.5M Warby Parker Fine a Holdover; OCR Focuses On Men in Sports, Antisemitism, ‘Biological Truth’

Nearly six years to the day that Warby Parker reported a breach affecting nearly 200,000 individuals, the HHS Office for Civil Rights (OCR) imposed a $1.5 million fine on the eyewear giant. Investigated by OCR under the Biden...more

Jackson Lewis P.C.

Industry Groups Urge Rescission of Proposed HIPAA Security Rule Updates

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In February, a coalition of healthcare organizations sent a letter to President Donald J. Trump and the U.S. Department of Health and Human Services (HHS) (the Letter), urging the immediate rescission of a proposed update to...more

Mintz - Privacy & Cybersecurity Viewpoints

Latest Installment of our Mintz Matrix!

Please visit here to visit our Mintz Matrix page with the latest edition of the Mintz Matrix, which is a 50-state resource we have maintained since 2009 to break down and summarize requirements of U.S. state data breach...more

Benesch

OCR Proposes Modification to HIPAA Security Rule

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In late December 2024, the Office of Civil Rights at the U.S. Department of Health and Human Services (“OCR”) issued a notice of proposed rulemaking to modify the Security Standards to the Protection of Electronic Protected...more

Polsinelli

CISA and FDA Sound Alarm on Backdoor Cybersecurity Threat with Patient Monitoring Devices

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Last week, the U.S. Cybersecurity and Infrastructure Security Agency (“CISA”) and the U.S. Food and Drug Administration (“FDA”) released warnings about an embedded function they found in the firmware of the Contec CMS8000,...more

BCLP

Pressure-Testing Your Privacy Program for 2025

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With the onslaught of new privacy, AI and cyber legislation coupled with promises for enforcement and class action litigation, running a well-functioning and flexible privacy and cyber program is increasingly a critical...more

Jackson Lewis P.C.

Happy Privacy Day: Emerging Issues in Privacy, Cybersecurity, and AI in the Workplace

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As the integration of technology in the workplace accelerates, so do the challenges related to privacy, cybersecurity, and the ethical use of artificial intelligence (AI). Human resource professionals and in-house counsel...more

Carlton Fields

Cybersecurity May Be OCR’s New Year’s Resolution

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The U.S. Department of Health and Human Services Office for Civil Rights (OCR) appears to have made cybersecurity its New Year’s resolution. The first few weeks of 2025 have already brought with them proposed amendments to...more

Ropes & Gray LLP

New Year, New Data Breach Notification Requirements in New York: Impactful Changes for Life Sciences and Consumer Health Care...

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In December 2024, New York Governor Kathy Hochul signed into law two bills (A8872A and S2376B; collectively, the “Bills”) that amend New York’s Data Breach Notification Law. The Bills introduce a maximum thirty-day timeframe...more

Quarles & Brady LLP

Fresh From the Oven: OCR-HHS Issues a Notice of Proposed Rulemaking for the HIPAA Security Rule

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‘Tis the season for holiday baking and the elves at the U.S. Department of Health and Human Services (HHS), through its Office for Civil Rights (OCR), have been diligently crafting their own holiday treat. On December 27,...more

Epstein Becker & Green

HISAA: New Legislation Would Bring Cybersecurity Requirements for HIPAA Covered Entities and Business Associates

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In response to several high-profile cybersecurity incidents affecting hospitals and other health care providers, including the Change Healthcare breach, new federal legislation was recently introduced by Senators Ron Wyden...more

Jones Day

New York Imposes Stringent Cybersecurity and Cyber Incident Reporting Obligations on Hospitals

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New York recently passed new cybersecurity regulations for hospitals licensed in New York to enhance patient safety and cybersecurity....more

Clark Hill PLC

The Value of an Effective HIPAA Compliance Program Amid OCR HIPAA Audits

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In 2024, the U.S. Department of Health and Human Services Office of Civil Rights (“OCR”) Director Melanie Fontes Rainer announced that OCR will resume auditing Health Information Portability and Accountability Act (“HIPAA”)...more

Health Care Compliance Association (HCCA)

2nd Settlement Triggered by 2017 Ransomware Attack Costs WA Practice $100K; ‘Not a Breach’

Let’s review for a moment. It’s not a HIPAA violation to be a victim of ransomware. It’s not a HIPAA violation to pay a ransom. It’s up to the covered entity (CE) to determine if a security or privacy incident is a...more

Baker Botts L.L.P.

2024 HIPAA Action Items for Health Plans

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In light of the changing legal landscape following Dobbs v. Jackson Women’s Health Organization, the Department of Health and Human Services (the “Department”) issued a final rule (link, and corresponding fact sheet link)...more

Ballard Spahr LLP

The FTC's Revised Health Breach Notification Rule Is Now in Effect

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The Federal Trade Commission (FTC) continues to enforce and update its Health Breach Notification Rule (HBNR) amidst a fast-changing regulatory environment. A new rule, which took effect this week, expands the scope of the...more

Orrick, Herrington & Sutcliffe LLP

FTC Health Breach Notification Rule Update: 6 Things You Should Know

The Federal Trade Commission (FTC) has updated its Health Breach Notification Rule that applies to non-HIPAA, consumer health data. Among the revisions, the FTC expanded or introduced key definitions and modified the...more

Dinsmore & Shohl LLP

Data Breaches and Your Smart Watch: FTC Expands the Reach of the Health Breach Notification Rule

Dinsmore & Shohl LLP on

Effective July 29, 2024, the Federal Trade Commission (“FTC”) has issued a final rule that expands the scope of its existing Health Breach Notification Rule (“HBNR”) to include health and wellness applications (“apps”)...more

Health Care Compliance Association (HCCA)

Privacy Briefs: July 2024

Pennsylvania-based Geisinger Health System said it experienced a breach impacting more than 1.27 million patients when a former employee of vendor Nuance Communications Inc., a Microsoft Corp. subsidiary, accessed patient...more

Faegre Drinker Biddle & Reath LLP

FTC Updates Health Breach Notification Rule

On July 1, 2024, the amendments to the Health Breach Notification Rule (HBNR) went into effect. First promulgated in 2009, the HBNR applies to vendors of personal health records — entities that are not covered by the Health...more

Akerman LLP - Health Law Rx

FTC’s Updated Health Breach Notification Rule Puts Health App Developers on Notice

The Federal Trade Commission’s (FTC) years-long effort to modernize its Health Breach Notification Rule (HBNR) in the midst of a swiftly changing technological landscape appears to be coming to an end. On Thursday, May 30,...more

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