News & Analysis as of

Medical Records Data Privacy Health Insurance Portability and Accountability Act (HIPAA)

Clark Hill PLC

Beyond HIPAA: How state laws are reshaping health data compliance

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We are in an era where smartphones track sleep patterns, fitness apps monitor heart rates, and online searches reveal sensitive medical inquiries. As a result, the notion of “health data” has expanded dramatically. This...more

Shook, Hardy & Bacon L.L.P.

OCR Enforcement Activity: Trends and Insights From a Limited Sample

Arecent report put the odds of an asteroid hitting the earth in December 2032 at 3.1%—which is 3,100 times more likely than an organization resolving an enforcement action with the U.S. Department of Health and Human...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

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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

U.S. Legal Support

Top Record Retrieval Trends in 2024

U.S. Legal Support on

While record retrieval may sound like a straightforward task, legal professionals know it’s a complex, time-consuming process involving multiple entities, layers of rules and regulations, and security concerns (which...more

Foley & Lardner LLP

HIPAA Reproductive Health Care Amendments: Compliance in an Uncertain Enforcement Landscape

Foley & Lardner LLP on

The amendments to the HIPAA Privacy Rule designed to protect reproductive health care information (Amendments) are under legal challenge as the compliance date quickly approaches. As discussed in more detail in our...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

Alston & Bird

FTC’s Updated Health Breach Notification Rule Now in Effect

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The revamped Health Breach Notification Rule by the Federal Trade Commission (FTC) took effect on July 29, 2024, expanding consumer privacy protections to the users of online health platforms and health and wellness apps. Our...more

Jones Day

U.S. District Court Invalidates HHS Guidance Overreading HIPAA's Application to Online Technologies

Jones Day on

On June 20, 2024, a U.S. federal district court held, in a suit brought by Jones Day, that the Department of Health and Human Services ("HHS") had misapplied the Health Insurance Portability and Accountability Act ("HIPAA")...more

Quarles & Brady LLP

New Rules Relating to Confidentiality of Substance Use Disorder Patient Records

Quarles & Brady LLP on

On April 16, 2024, the U.S. Department of Health and Human Services (HHS) finalized a rule modifying the Confidentiality of Substance Use Disorder (SUD) Patient Records (the Final Rule) codified at 42 C.F.R. Part 2 (Part 2)....more

Bricker Graydon LLP

Is Your School District Health Plan Subject to HIPAA?

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For the vast majority of records maintained by public schools, the Health Insurance Portability and Accountability Act (“HIPAA”) is not applicable. This is because most records that contain medical information related to a...more

Sheppard Mullin Richter & Hampton LLP

CCPA Amendments Extend Protections to Reproductive Health and Citizenship Status

Governor Newson recently signed two amendments to the CCPA strengthening protections for certain data types. The changes go into effect January 1, 2024....more

Sheppard Mullin Richter & Hampton LLP

FTC Looks to Update Health Breach Notification Rule, Targeting Digital Health Industry

The FTC recently proposed amendments to the Health Breach Notification Rule (HBNR). This is on trend with its aggressive interest over the last couple of years in health data not covered by HIPAA....more

DarrowEverett LLP

A HIPAA Privacy Notice A Day Keeps The Doctor Away (And Out Of Trouble)

DarrowEverett LLP on

The start of 2023 has brought with it significant changes to data privacy – new state laws concerning data privacy came into effect January 1 (the California Privacy Rights Act and the Virginia Consumer Data Protection Act),...more

Nelson Mullins Riley & Scarborough LLP

Proposed Changes to Confidentiality of Substance Use Disorder Patient Records Rules Would Support Better Care, Decrease Stigma,...

Amid the ongoing proliferation of headlines about the mental health crisis in the United States, of which substance use disorder is a large part, the recent issuance by the U.S. Department of Health and Human Services (HHS)...more

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 22, Number 10. Privacy Briefs: October 2022

Report on Patient Privacy 22, no. 10 (October, 2022) - Thirty Democratic senators led by Sen. Patty Murray, D-Wash., have called on HHS to strengthen federal privacy protections under HIPAA to broadly restrict providers...more

Saul Ewing LLP

What Do the Changes to the California Consumer Privacy Act Taking Effect on January 1, 2023 Mean for Health Care Providers?

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On August 31st, the California legislative session closed without passing amendments to the California Consumer Privacy Act (“CCPA”), meaning the CCPA’s prior exemptions for employment and business-to-business information...more

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 21, Number 12. Privacy Briefs: December 2021

Report on Patient Privacy 21, no. 12 (December, 2021) - Huntington Hospital in New York has sent notices to approximately 13,000 patients about an incident that happened in late 2018 and early 2019 involving a night shift...more

K&L Gates LLP

US Regulatory Considerations Applicable to Digital Health Providers and Suppliers – Part IV: Other Potential Applicable Laws

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This final article in our four-part series examines other relevant laws digital health providers and suppliers should know. If you missed our earlier articles, you can read about HIPAA in Part I and Part II, and the FDCA and...more

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 21, Number 10. Privacy Briefs: October 2021

Report on Patient Privacy 21, no. 10 (October, 2021) - A massive data breach at University of New Mexico (UNM) Health may have allowed a third party to obtain medical records from more than 600,000 patients—more than a...more

K&L Gates LLP

Health Care Triage: FTC Reminds Vendors of Personal Health Records of Breach Rule Obligations

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In this episode, Rebecca Schaefer interviews Gina Bertolini and Desiree Moore about the recent Federal Trade Commission (FTC) policy statement regarding the FTC Health Breach Notification Rule and its applicability to vendors...more

Health Care Compliance Association (HCCA)

Entities Deal With More Data Outside HIPAA; ‘We Are Seeing Tensions’

Report on Medicare Compliance 30, no. 14 (April 12, 2021) - When employees are required to show their employers proof of a positive COVID-19 test before they get sick leave or a vaccination before returning to work, the...more

Health Care Compliance Association (HCCA)

[Virtual Event] 2021 Regional Healthcare Compliance Conference - New York - May 7th, 8:25 am - 4:30 pm EDT

Our Virtual Regional Healthcare Compliance Conferences provide updates on the latest news in regulatory requirement, compliance enforcement, and strategies to develop effective compliance programs. Watch, listen, and ask...more

Bricker Graydon LLP

[Webinar] OCR Enforcement Activity: Recent HIPAA Audits & Right of Access Initiative Settlements - March 4th, 12:00 pm - 1:00 pm...

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Health care technology has seen an incredible amount of change over the past twelve months. As health care providers and entities continue to provide patient care in unprecedented times, it is becoming increasingly important...more

Arnall Golden Gregory LLP

HIPAA Compliance: Highlights from 2020 and Focus Areas for 2021

2020 was an active year for HIPAA regulatory activity by the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR). In this article, we take a look at some of the HIPAA highlights from 2020 and...more

Bricker Graydon LLP

[Webinar] HIPAA in 2021: Proposed Changes to the Privacy Rule - January 25th, 12:00 pm - 1:00 pm EST

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On December 10, 2020, the Department of Health and Human Services (HHS) announced proposed revisions to the HIPAA Privacy Rule that would significantly impact the day-to-day operations of HIPAA covered entities. In this...more

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