News & Analysis as of

Healthcare Health Insurance Portability and Accountability Act (HIPAA) Protected Health Information

Shipman & Goodwin LLP

A Balancing Act: Privacy Issues And Responding to A Federal Subpoena Investigating Transgender Care

Shipman & Goodwin LLP on

On Wednesday, July 9, 2025, the United States Department of Justice (“DOJ”) issued more than 20 subpoenas to physicians and clinics (the “Providers”) who provide gender-affirming care to transgender youth. According to the...more

Baker Botts L.L.P.

Healthcare Data Case Against Google May Proceed - Rules U.S. District Court

Baker Botts L.L.P. on

On June 6, 2025, the United States District Court for the Northern District of California dismissed a number of claims being brought against Google related to its alleged improper collection of health-related data though...more

Foley & Lardner LLP

AI Contracts in Health Care: Avoiding the Data Dumpster Fire

Foley & Lardner LLP on

For AI companies in the health care space, data is everything. It fuels model performance, drives product differentiation, and can make or break scalability. Yet too often, data rights are vaguely defined or completely...more

Latham & Watkins LLP

CMS Seeks Healthcare Industry Input on Future of Digital Health

Latham & Watkins LLP on

Comments on the RFI, due by June 16, present a rare opportunity to shape future technology standards, reporting requirements, and business opportunities....more

Foley & Lardner LLP

HIPAA Compliance Risks with AI Scribes in Health Care: What Digital Health Leaders Need to Know

Foley & Lardner LLP on

AI scribes are quickly becoming the digital sidekick of modern health care. They promise to reduce clinician burnout, streamline documentation, and improve the patient experience. But as health care providers and digital...more

Robinson+Cole Data Privacy + Security Insider

PIH Health Settles HIPAA Violations for $600,000

PIH Health, a health care entity located in California, suffered a data breach in June 2019 when 45 employee email accounts were compromised in a targeted phishing campaign. The accounts contained the protected health...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

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

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

Holland & Hart - Health Law Blog

Police-Ordered Blood Draws In Idaho

Law enforcement officers often request or demand that Idaho hospitals draw blood or conduct other tests on patients for law enforcement purposes; nevertheless, the general rule remains that patients (including persons in...more

Quarles & Brady LLP

Trump Administration Rescinds HHS Guidance on Privacy of Gender Affirming Care Data

Quarles & Brady LLP on

On February 20, 2025, the U.S. Department of Health and Human Services (“HHS”) took action pursuant to President Trump’s Executive Order 14187 (“EO 14187”), which is aimed at ending gender affirming care for minors. EO 14187...more

Husch Blackwell LLP

ICE at Healthcare Facilities: What Should You Do

Husch Blackwell LLP on

In 2003, Congress created the Department of Homeland Security (DHS). Within the DHS is the interior enforcement arm, U.S. Immigration and Customs Enforcement (ICE), that enforces federal laws governing border control,...more

Constangy, Brooks, Smith & Prophete, LLP

New Year, New Rules? New York’s Health Privacy Bill S-929 advances

Just in time for setting a new year’s resolution, the New York Senate passed health privacy bill S-929. This bill was first introduced during the 2024 legislative session but failed to pass. Now in the early weeks of 2025,...more

Ropes & Gray LLP

New York's Health Information Privacy Act Aims to Strictly Regulate Consumer Health Data

Ropes & Gray LLP on

On January 22, 2025, the New York State Assembly and Senate rapidly passed the wide-ranging New York Health Information Privacy Act (“NY HIPA”). If not vetoed by Governor Kathy Hochul, NY HIPA would be the fourth enacted...more

Epstein Becker & Green

Proposed Modernization of the HIPAA Security Rules

Epstein Becker & Green on

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

McDermott Will & Emery

HHS OCR Proposes Significant Modifications to HIPAA Security Rule

§ 160.101 Statutory basis and purpose. The requirements of this subchapter implement sections 1171–1180 of the Social Security Act (the Act), sections 262 and 264 of Public Law 104–191, section 105 of Public Law 110–233,...more

Troutman Pepper Locke

HIPAA Security Rule Revamp Is on the Horizon

Troutman Pepper Locke on

On January 6, the Department of Health and Human Services (HHS) Office for Civil Rights (OCR) published significant proposed amendments (proposed rule) to the Security Rule under the Health Insurance Portability and...more

Shook, Hardy & Bacon L.L.P.

OCR Delivers A Year-End Surprise: A Draft Update of HIPAA's Security Rule

The U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) delivered a late-December surprise: a draft overhaul of the Health Insurance Portability and Accountability Act of 1996’s (HIPAA) Security Rule....more

Quarles & Brady LLP

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

Quarles & Brady LLP on

‘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

Vorys, Sater, Seymour and Pease LLP

Texas Court Enjoins Enforcement of HIPAA Final Privacy Rule Against Individual Doctor and Clinic

On December 22, the day before the 2024 Final HIPAA Privacy Rule (2024 Rule) was set to go into effect, a federal district court in Texas enjoined enforcement of the 2024 Rule against Dr. Carmen Purl and Dr. Purl’s Fast Care...more

Quarles & Brady LLP

Compliance Eve Ends with HIPAA Reproductive Health Privacy Rule Order out of Texas: But is it a Gift or Lump of Coal for Regulated...

Quarles & Brady LLP on

December 23, 2024, was the compliance deadline for HIPAA covered entities and business associates to apply the protections of the HIPAA Privacy Rule to support Reproductive Health Care Privacy Final Rule—that is all covered...more

Ropes & Gray LLP

A Flurry of Healthcare Sector Cybersecurity Regulatory Developments in 2024

Ropes & Gray LLP on

2024 was a record year for cyberattacks in the healthcare sector. According to the Breach Portal maintained by the U.S. Department of Health and Human Services (“HHS”) Office of Civil Rights (“OCR”), to date this year, there...more

Davis Wright Tremaine LLP

Whether Naughty or Nice, Compliance Deadline for HIPAA Reproductive Care Privacy Is Coming to Town

We just want to provide a friendly reminder that, before key staff depart for the holidays, HIPAA covered entities and business associates should finalize their compliance with the 2024 HIPAA amendments related to...more

Health Care Compliance Association (HCCA)

Disclosure of Full Record to Employer Results in $35K Fine, Broad CAP; Echoes of 2017 HIV Case

It’s not immediately obvious why someone would want to disclose a health care test result as part of a job application. But one such request spurred a Pennsylvania entity to provide a lot more than that: it sent her whole...more

Burr & Forman

Compliance Date for HIPAA Reproductive Health Rules is Fast Approaching

Burr & Forman on

The compliance deadline for changes to the privacy of reproductive health information is fast approaching, with the new rules taking effect on December 23, 2024. Earlier this year, new regulations under the Health Insurance...more

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