News & Analysis as of

Health Insurance Portability and Accountability Act (HIPAA) Health Care Providers Personal Information

Kerr Russell

May I Use Patient Information to Respond to Internet Criticism?

Kerr Russell on

Question: It was recently brought to my attention that a patient posted on the internet false and misleading information regarding treatment I provided to her. The posting also contains false and defamatory descriptions of me...more

Robinson+Cole Data Privacy + Security Insider

Data Breach Lawsuits Surge Against Chord Specialty Dental Partners

Pennsylvania-based Chord Specialty Dental Partners is under fire after a September 2024 data breach compromised the personal information of over 173,000 individuals. At least seven proposed class action lawsuits have been...more

Epstein Becker & Green

New York’s Health Information Privacy Act Poised to Become the Latest in a Growing Trend of State Data Privacy Laws

Epstein Becker & Green on

New York State appears poised to become the fourth state to explicitly regulate consumer health data not covered by the federal Health Insurance Portability and Accountability Act (HIPAA)....more

Health Care Compliance Association (HCCA)

Recognized Security Practices ‘Saved’ Covered Entity $60K of $300K Fine, But Which Ones Remain a Mystery

Covered entities (CEs) and business associates (BAs) may receive a “discount” for having recognized security practices (RSPs) in place when the HHS Office for Civil Rights (OCR) calculates financial penalties for Security...more

Pagefreezer

Mitigating the Healthcare Compliance Risks of Team Collaboration Tools

Pagefreezer on

There’s little doubt that team collaboration tools like Slack and Microsoft Teams can streamline and simplify communication in a healthcare environment. With the ability to share files, have direct conversations, and even...more

Fenwick & West LLP

Cyber Resilience After the Change Healthcare Breach

Fenwick & West LLP on

More than two months after the February 2024 Change Healthcare cyber-ransom attack, the healthcare industry continues to grapple with the fallout, creating significant challenges, disruptions, and outages to the healthcare...more

Jackson Lewis P.C.

Nuanced Privacy Laws Means Healthcare Organizations Should Prioritize Protecting Personal Information

Jackson Lewis P.C. on

The healthcare industry is among the most highly regulated industries when it comes to privacy protections. In addition to the federal Health Insurance Portability and Accountability Act (HIPAA), healthcare providers also...more

Stark & Stark

Cybersecurity Lawsuit Against NJ Hospitals After Data Breach

Stark & Stark on

Healthcare providers are responsible for guarding the health and well-being of their patients. Still, they also have an essential duty to protect the personal information they collect in the process....more

Health Care Compliance Association (HCCA)

Privacy Briefs: June 2023

Privacy Briefs: June 2023 - Long-term care pharmacy network PharMerica disclosed a breach involving more than 5.8 million patients, making it the largest breach reported to the HHS Office for Civil Rights (OCR) in the last...more

Akerman LLP - Health Law Rx

The FTC Sends Another Warning to Digital Healthcare Platforms About Use of Tracking Pixels

The Federal Trade Commission (FTC) continues to prioritize the protection of consumers’ digital health information. The agency has demonstrated this commitment through enforcement actions against GoodRx and BetterHelp for...more

Eversheds Sutherland (US) LLP

FTC diagnoses common digital practices as both UDAP and breach

In a groundbreaking decision, the Federal Trade Commission (FTC) announced it was diagnosing GoodRx’s use of tracking pixel codes and analytics, its digital strategy, as not only an unfair or deceptive act or abusive practice...more

King & Spalding

Georgia Home Health and Hospice Provider to Pay $425,000 to Resolve Allegations of Inadequate Computer Security in Connection with...

King & Spalding on

Aveanna Healthcare, LLC, a Georgia-based home health and hospice care company, entered a consent judgment with the Massachusetts Attorney General’s Office (the AG's Office) on November 3, 2022, agreeing to pay $425,000 to...more

Burr & Forman

Disposal of Medical Information—It’s More Than Just Shredding

Burr & Forman on

Providers oftentimes ask how long they need to retain certain types of medical information. While there are some general rules regarding the timeframes for retaining medical information, the specific answer varies depending...more

Foley Hoag LLP - Cannabis and the Law

Illinois Medical Cannabis Businesses Must Be HIPAA Compliant

In recently published guidance, Illinois’ main cannabis regulator – the Illinois Department of Financial and Professional Regulation – announced that medical and co-located dispensaries in Illinois must protect patient...more

Sheppard Mullin Richter & Hampton LLP

California Issues New Health Facility Breach Reporting Requirements

On July 1, 2021, the California Department of Public Health (“CDPH”) issued new regulations (the “Regulations”) effective immediately that more narrowly limit the circumstances under which instances of unauthorized access to...more

Orrick, Herrington & Sutcliffe LLP

Cybersecurity and Privacy Threats and Risks for Life Sciences and Healthcare Companies

Attacks on the life sciences and healthcare sectors (healthcare providers and health technology, medical device, pharmaceutical and biotechnology companies) increased significantly in the last year, including at the World...more

King & Spalding

HHS Extends Comment Period on Proposed HIPAA Rule

King & Spalding on

On January 21, 2021, the HHS Office for Civil Rights (OCR) published a notice of proposed rulemaking (the Proposed Rule) proposing modifications to the HIPAA Privacy Rule to address standards that might impede the transition...more

McGuireWoods LLP

Information Blocking Compliance: What Providers Need To Know As Deadlines Approach

McGuireWoods LLP on

On November 4, 2020, the Office of the National Coordinator for Health Information Technology (ONC) published an Interim Final Rule with Comment Period (IFC) that delays compliance dates necessary to meet certain requirements...more

Chambliss, Bahner & Stophel, P.C.

Be Aware of Recent Legal Developments Concerning Right of Access to Patient Information

Two major recent regulatory developments highlight the need for health care organizations to focus on compliance concerning requests for access to patient health information. HIPAA Right of Access Initiative As most...more

Holland & Hart - Health Law Blog

HIPAA Enforcement: Lessons from the OCR’s Recent Settlements

The OCR has announced a surprising number of HIPAA settlements in the past few months with penalties ranging from $10,000 to $6.5 million. Here are some of the key takeaways for healthcare providers: 1. Protect against...more

Shook, Hardy & Bacon L.L.P.

Privacy and Data Security Alert l March 2020

Shook Weighs in on Updated CCPA Regulations - In response to extensive public comment, the California Attorney General’s office released modified draft regulations under the CCPA on February 7. Shook has provided initial...more

McDermott Will & Schulte

California Bill Proposes CCPA Exceptions for HIPAA De-identified Information, Other Health Data

On January 6, 2020, the California State Senate’s Health Committee unanimously approved California AB 713, a bill that would amend the California Consumer Privacy Act (CCPA) to except from CCPA requirements additional...more

Verrill

More Proposed Changes to CCPA Geared to Health Care and Life Sciences Industries

Verrill on

The California Consumer Privacy Act of 2018 (“CCPA”) took effect on January 1, 2020. Days later on January 8, 2020, the California Senate Health Committee unanimously approved Senate bill A.B. 713 (the “Bill”) to establish...more

BCLP

Do Companies Need a Written Security Information Plan?

BCLP on

As of January 1, 2020, California became the first state to permit residents whose personal information is exposed in a data breach to seek statutory damages between $100-$750 per incident, even in the absence of any actual...more

McDermott Will & Schulte

Inconsistent HIPAA and CCPA De-Identification Standards Create Compliance Challenges

A potential disconnect between the HIPAA de-identification standard and California Consumer Privacy Act (CCPA) definition of de-identified may pose hurdles for HIPAA covered entities, their business associates and other data...more

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