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Electronic Protected Health Information (ePHI) Data Protection Patient Privacy Rights

Alston & Bird

New York Passes Health Privacy Law – Your Questions Answered

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The New York State legislature passed the Health Information Privacy Act (“NYHIPA”) on January 22, 2025, marking the second state to introduce a comprehensive consumer health data law. If passed, the NYHIPA imposes more...more

Epstein Becker & Green

Proposed Modernization of the HIPAA Security Rules

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The HIPAA Security Rule was originally promulgated over 20 years ago. While it historically provided an important regulatory floor for securing electronic protected health information, the Security Rule’s lack of...more

Holland & Knight LLP

New York Poised to Transform Health Data Privacy

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New York lawmakers have passed a groundbreaking health privacy bill, the New York Health Information Privacy Act (NYHIPA or the Act), which could significantly redefine how entities handle health-related data. The Act, which...more

Vorys, Sater, Seymour and Pease LLP

Proposed Update to the HIPAA Security Rule

In early January, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) published a Notice of Proposed Rulemaking. The Proposed Rule would modify the Security Standards for the Protection of...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

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

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

Tucker Arensberg, P.C.

HIPAA Fundamentals for Providers

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In March of this year, The Office for Civil Rights of the Department of Health and Human Services issued a letter addressing the recent cybersecurity incident impacting many health care entities, primarily Change Healthcare,...more

Clark Hill PLC

It’s Here – The Who, What and How of Washington’s New “My Health My Data” Act and Its Private Right of Action

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Enforcement of Washington’s My Health My Data Act (MHMDA or the Act) starts now. Passed by the Washington state legislature last year and designed broadly to protect “consumer health data,” the Act is one part of a larger...more

Quarles & Brady LLP

Friendly Reminder - Finalize and Post Your Consumer Health Data Privacy Notice Before March 31

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Friendly reminder – the Washington My Health My Data Act (“WMHMDA”) compliance deadline for regulated entities to post their consumer health data privacy policy is March 31, 2024 (June 30, 2024 for small businesses). A...more

Stinson LLP

First of its Kind Privacy Law Signals Fundamental Shift in Protection of Consumer Health Data

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As more and more states consider consumer privacy laws, the first-of-its kind My Health My Data Act (the Act) could be a harbinger of health and wellness compliance requirements to come. The ramifications of Washington...more

Epstein Becker & Green

New York Aims to Bolster Hospital Cybersecurity with Imminent Release of Proposed Regulations

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New York Governor, Kathy Hochul, recently announced proposed cybersecurity rules for New York hospitals, which are due to be imminently published in the State Register on December 6, 2023, subject to approval by the Public...more

Clark Hill PLC

Right To Know - November 2023, Vol. 11

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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

McDermott Will & Emery

Digital Health 101: OCR Issues Resources to Educate Patients on Telehealth, PHI

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On October 18, 2023, the Office for Civil Rights (OCR) of the US Department of Health and Human Services (HHS) issued two resource documents to help explain the privacy and security risks to patients’ protected health...more

Holland & Knight LLP

Podcast: Discussing Information Blocking with Eddie Williams

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In this episode of our “Florida Capital Conversations” podcast series, healthcare attorney Eddie Williams joins to discuss the dissemination of electronic health information and provisions regarding information blocking. He...more

Quarles & Brady LLP

Diving into the Washington My Health My Data Act Part Twelve : Washington Attorney General Guidance

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This is Part Twelve, the final installment of our series of legal updates on the Washington My Health My Data Act (“WMHMDA”). We are thrilled that you came along as we dove into the intricacies of WMHMDA that are creating...more

Quarles & Brady LLP

Diving into the Washington My Health My Data Act - Part Eleven: HIPAA vs. WMHMDA (for table lovers)

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This is Part Eleven in a series of legal updates on the Washington My Health My Data (“WMHMDA”), where Quarles continues its deep dive into the various factors and intricacies of WMHMDA that are creating waves in the privacy...more

Polsinelli

Florida Imposes a Ban on Offshoring Storage of Medical Information

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On May 8, 2023, Governor DeSantis signed Bill CS/CS/SB 264 amending the Florida Electronic Health Records Exchange Act. Effective July 1, 2023, this new law will require that the offsite storage of certain personal medical...more

Bond Schoeneck & King PLLC

Expanded Information Block Rules Go into Effect

As a bonus to Bond’s October 18 Back to Business webinar, Bond labor and employment attorney Travis R. Talerico talked about the recently expanded definition of electronic health information as it pertains to the...more

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 22, Number 9. Privacy Briefs: September 2022

Report on Patient Privacy 22, no. 9 (September, 2022) - More than 92% of patients believe privacy is a right and their health data should not be available for purchase, according to a survey from the American Medical...more

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 22, Number 6. Privacy Briefs: June 2022

Report on Patient Privacy 22, no. 6 (June, 2022) - A report from the HHS Health Sector Cybersecurity Coordination Center (HC3) found that in early 2022, ransomware groups increasingly turned to legitimate software during...more

Quarles & Brady LLP

Recent Updates in Data Privacy & Security for Health Care Entities

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March was a busy month for data privacy and security, especially as it relates to health care entities. To help keep you up to date with the changes, we’ve included a few highlights for you below... ...more

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 22, Number 3. Privacy Briefs: March 2022

Report on Patient Privacy 22, no. 3 (March, 2022) - HHS said in early March that it was not aware of any specific threat to U.S. health care organizations stemming from the Russian invasion of Ukraine. “However, in the...more

Arnall Golden Gregory LLP

Upcoming Annual Deadline for HIPAA Small Breach Reporting: March 1, 2022

HIPAA-covered entities should note the quickly approaching March 1, 2022 deadline for reporting breaches of unsecured protected health information that occurred in 2021 and involved fewer than 500 individuals. This article...more

Stinson LLP

Health App Vendors Be Warned: You Could Be Subject to FTC's Health Breach Notification Rule

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The surge in new health apps and connected devices, which only increased during the pandemic, continues to raise many legal and ethical questions. As a result, lawmakers have been scrambling to define the obligations...more

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