News & Analysis as of

Hospitals Health Care Providers Data Protection

Blake, Cassels & Graydon LLP

Ontario : Nouveau guide de gestion de la protection de la vie privée à l’intention des petits organismes de soins de santé

La Commissaire à l’information et à la protection de la vie privée de l’Ontario (la « CIPVP ») a publié un nouveau guide de gestion de la protection de la vie privée (le « Guide ») ayant pour but d’aider les petits organismes...more

Fox Rothschild LLP

Business Court Assesses Duties to Protect Patient Information Shared Through Electronic Portals

Fox Rothschild LLP on

A Durham County class action asks whether “My Chart,” a widely used portal that medical providers use to communicate with patients about test results, conditions, and treatments should more aptly be labeled “Our Chart.”...more

Hogan Lovells

French DPA (CNIL) has launched a public consultation on the security of patients’ medical records

Hogan Lovells on

In the context of a significant increase in data breaches and cyber-attacks impacting hospitals, the French Data Protection Authority (“CNIL”) has launched a series of investigations and issued several formal notices to...more

Epstein Becker & Green

The Trump Administration’s Immigration Enforcement Policy: What Hospitals and Health Care Providers Must Know for Their Patients,...

Epstein Becker & Green on

It is by now common knowledge that on Inauguration Day, January 20, 2025, President Trump signed numerous executive orders geared toward the implementation of his immigration policy objectives, setting the stage for what he...more

Jones Day

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

Jones Day on

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

Health Care Compliance Association (HCCA)

HHS Abandons Appeal in Public Website Pixel Case, But CEs and BAs Should Expect Continued Scrutiny

The HHS Office for Civil Rights (OCR) has abandoned its appeal of a federal judge’s ruling overturning OCR’s guidance prohibiting covered entities (CEs) and business associates (BAs) from using the web-tracking technologies...more

Alston & Bird

New York State Department of Health Revises Proposed Hospital Cybersecurity Regulations

Alston & Bird on

In May 2024, the New York State Department of Health (“NYSDOH”) issued revisions to proposed regulations on hospital cybersecurity that it first released in November 2023. The proposed revised regulations are subject to...more

Clark Hill PLC

HHS Bulletin on Online Tracking Technologies Declared Unlawful: What Covered Entities and Business Associates Need to Know About...

Clark Hill PLC on

Online tracking technologies are used by healthcare and hospital systems throughout the United States to analyze their website traffic, personalize content, and provide relevant information to website visitors, some of whom...more

Katten Muchin Rosenman LLP

11th Circuit Rejects 'Sole Purpose' Argument as Basis for Denying Privilege Protections Under Patient Safety Act

At long last, the "sole purpose" argument used by trial courts and plaintiffs' attorneys was soundly rejected in a recent decision issued by the 11th Circuit Court of Appeals, In Re: BayCare Medical Group, No. 23-12571, May...more

Mandelbaum Barrett PC

Paging Cybersecurity: Healthcare Providers Need to Make a “Change” to Protect Themselves, and Their Patients, Against Cyberattacks

Mandelbaum Barrett PC on

In February 2024, the healthcare industry was rattled by a significant cyberattack targeting Change Healthcare (“Change”), a subsidiary of UnitedHealth Group, one of the largest health insurance companies in the world. The...more

Sands Anderson PC

Ransomware Increasingly Targets Medical Providers

Sands Anderson PC on

Ransomware continues to make headlines in the data security world, and with good reason.  A report issued earlier this year by the Director of National Intelligence highlighted the continued surge in ransomware attacks in the...more

Arnall Golden Gregory LLP

Healthcare Authority Newsletter - March 2024 #3

News Briefs - New HHS Task Force Aims to Oversee AI in Healthcare - Details are emerging on a new HHS task force faced with a monumental task: creating a regulatory structure to oversee utilization of artificial intelligence...more

Baker Donelson

Secondary Data Use Certification for Hospitals Now Available

Baker Donelson on

The value of data is on the minds of all industries right now, and health care is no different. The increased attention comes with the very significant shift in thinking, advanced by the attention to the advent of artificial...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

HHS Announces Planned Cybersecurity Initiatives for Healthcare Sector

The U.S. Department of Health and Human Services (HHS) has announced a plan to provide resources and incentives for the healthcare industry to adopt cybersecurity measures and to increase potential regulatory penalties for...more

Health Care Compliance Association (HCCA)

Privacy Briefs: November 2023

Report on Patient Privacy 23, no. 11 (November, 2023) The American Hospital Association (AHA) is urging federal lawmakers to intervene with the HHS Office for Civil Rights (OCR) so that hospitals and health systems can...more

Brownstein Hyatt Farber Schreck

HHS Hits Nation’s Largest Public Health Plan with Severe Corrective Action Plan

Paying the $1.3 million fine is the easy part. Complying with the CAP is a different undertaking. On Sept. 11, 2023, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced an...more

McDermott Will & Schulte

FTC and HHS-OCR Spotlight Use of Tracking Tech by Healthcare Providers

On Thursday, July 20, 2023, the Federal Trade Commission and HHS Office for Civil Rights issued a rare joint press release announcing that approximately 130 hospital systems and telehealth providers received a letter alerting...more

Health Care Compliance Association (HCCA)

Privacy Briefs: July 2023

A former hospital worker in Arizona was sentenced to 54 months in prison and ordered to pay restitution after pleading guilty to two felony counts involving identity theft and health information disclosure. In the plea deal,...more

Stoel Rives LLP

FAQ: Washington State’s ‘My Health My Data Act’

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On April 27, 2023, Washington enacted the  “My Health My Data Act” (“MHMDA”) that will become effective March 31, 2024 in most instances. Any violation of MHMDA will be resolved through the Washington Consumer Protection...more

Shumaker, Loop & Kendrick, LLP

Hospital Cyber Resiliency Initiative Landscape Analysis

Health and Human Services (HHS) has released a report that details findings about the state of hospital cyber systems across the United States. In connection with a recent Ponemon Institute report on the cost and impact on...more

Wilson Sonsini Goodrich & Rosati

Washington State Governor Signs Sweeping Health Privacy Act (My Health My Data Act) into Law

On April 27, 2023, Washington State Governor Jay Inslee signed a far-reaching health privacy law entitled the “My Health My Data Act” (the Act), which extends protections to consumer health data collected by entities not...more

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 23, Number 2. Privacy Briefs: February 2023

Report on Patient Privacy Volume 23, no 2 (February 2023) DCH Health Systems, based in Tuscaloosa, Ala., said it fired an employee in December after a routine privacy audit revealed evidence that the worker had accessed some...more

Wilson Sonsini Goodrich & Rosati

FTC Announces First Enforcement Action Under the Health Breach Notification Rule Against GoodRx

On February 1, 2023, the Federal Trade Commission (FTC) announced a complaint against and proposed settlement agreement (the “proposed order”) with GoodRx, a digital health company, over its data sharing practices that...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

Katten Muchin Rosenman LLP

6 Best Practices for Designing and Implementing Patient Safety Evaluation System (PSES) Policies in Order to Maximize Privilege...

The federal Patient Safety and Quality Improvement Act of 2005 (PSQIA) established a voluntary reporting system for licensed health care facilities and professionals designed to "enhance the data available to assess and...more

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