News & Analysis as of

Health Insurance Portability and Accountability Act (HIPAA) Telecommunications Health Care Providers

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

Ward and Smith, P.A.

FAQ: What Medical Practices Need to Know Regarding Communicating with Patients via Telephone and Text

Ward and Smith, P.A. on

Every day, physicians, medical practice managers, and administrative professionals call their trusted attorneys with a "quick question" about the legality of a new approach to ensure patients come to their appointments on...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

Butler Snow LLP

Ready or Not … Here Comes a Global Pandemic: A Legal and Practical Overview of the New Normal to Patient Healthcare – Telehealth

Butler Snow LLP on

What a time to be alive. Despite this phrase being a personal favorite, I would guess that most of us think of these six-words—or some variation thereof—on a daily basis. At the beginning of this year, most Americans likely...more

Foley Hoag LLP - Security, Privacy and the...

MaHIMA Webinar: "Alexa, What Medication Am I Taking?" (Presentation)

"Open the pod door, HAL" • Commercial voice-activated intelligent personal assistants from Amazon, Apple, Google, and Microsoft, among others, are growing in popularity. • A report from NPR and Edison Research states...more

Smith Debnam Narron Drake Saintsing & Myers,...

Second Circuit Holds Flu Shot Reminder Did Not Violate the TCPA

The Second Circuit has affirmed a lower court decision that a flu shot reminder sent by text message by a medical provider did not violate the Telephone Consumer Protection Act (the “TCPA”). The decision is important because...more

Robinson+Cole Health Law Diagnosis

CMS Issues Guidance on Texting Patient Information

On December 28, 2017, the Centers for Medicare and Medicaid Services (CMS) published a memo to state survey agency directors clarifying its position on the use of text messaging among health care providers. ...more

Burr & Forman

Second Circuit Finds that Flu Shot Reminder Text Does Not Violate TCPA

Burr & Forman on

In Latner v. Mt. Sinai Health System, Inc., ___ F.3d ___, 2018 WL 265085 (2d Cir. 2018), the Second Circuit recently held that a single flu shot reminder text does not violate the TCPA when a patient gives prior express...more

Robinson+Cole Data Privacy + Security Insider

Business Associate Resold Fax Machine Containing PHI

Fax machines are still used in the medical community, and these days, faxing may be more secure than emailing as hackers have not yet cracked the task of hacking into old fax machines. All kidding aside, fax machines have...more

Foley & Lardner LLP

Key Takeaways from Oklahoma’s New Telemedicine Law

Foley & Lardner LLP on

Oklahoma Governor Mary Fallin recently signed into law SB 726, establishing new telemedicine practice standards, including explicitly allowing doctors to create valid physician-patient relationships via telemedicine without...more

Sheppard Mullin Richter & Hampton LLP

Do Routine Calls by Health Plans to Patients and Health Plan Members Constitute “Telemarketing” Under the Telephone Consumer...

Covered entities have a long list of laws and regulations governing their conduct, including their communications with patients, customers, and members. Specifically, the Health Insurance Portability and Accountability Act...more

Sheppard Mullin Richter & Hampton LLP

Enough is Enough: Court Dismisses TCPA Class Action Against A Health Plan That Placed Reminder Calls To Its Members That They...

Plaintiffs across the country have continued to file class actions against companies of all stripe for violation of the Telephone Consumer Protection Act (“TCPA”), often for communications far afield from the classic...more

Buchalter

Avoiding the Costly “Robo No-No”

Buchalter on

The Telephone Consumer Protection Act (“TCPA”) was enacted to protect consumers from intrusive robocalls, but Congress probably did not foresee that it would result in a windfall for plaintiff’s lawyers. Virtually every...more

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