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Last year, the Office for Civil Rights (OCR) at the U.S. Department of Health & Human Services (HHS) issued a Final Rule to modify the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule to...more
On Friday, December 27, 2024, the Justice Department issued a final rule to address “urgent national security risks posed by access to U.S. sensitive personal and government-related data from countries of concern and covered...more
The Department of Health and Human Services (“HHS”) Office of Civil Rights (“OCR”) published its final rules implementing the anti-discrimination provisions under Section 1557 of the Affordable Care Act (“Final Rule”) on May...more
On April 22, 2024, the U.S. Department of Health and Human Services (“HHS”) issued new regulations under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) that impose new restrictions on the use and...more
The Affordable Care Act, which was signed into law in 2010, contained a provision (commonly referred to as Section 1557) prohibiting discrimination on the basis of race, color, national origin, sex, age or disability in...more
On July 1, 2024, Indiana’s new health care transactions notification law takes effect. The law is designed to increase government oversight of mergers and acquisitions involving health care entities....more
Key Takeaways - ..Requires parties to provide notice to the Vermont Attorney General (“VT AG”) for transactions involving Vermont hospitals that are acquiring medical practices. ..The parties must provide 90 days...more
Key Takeaways - ..Parties must obtain approval from the Rhode Island Attorney General (“RI AG”) and Department of Health (“DOH”) for certain transactions involving Rhode Island hospitals. ..Under the statute, the RI...more
Key Takeaways - ..Requires parties to provide notice to the New York Department of Health (“NYDOH”) of certain transactions involving “health care entities”. ..The parties must provide 30 days notice before closing to...more
Key Takeaways - ..Requires parties to provide notice to the Illinois Attorney General (“IL AG”) for transactions involving certain health care facilities and provider organization group practices. ..The parties must...more
Only two months after California’s cost and market impact review (CMIR) regime began to require notice of certain healthcare-related transactions, the Office of Health Care Affordability (OHCA) has already proposed several...more
Texas will soon be the next state to have a comprehensive consumer data privacy and security law when the Texas Data Privacy and Security Act takes effect on July 1. It will require businesses to take several compliance...more
On April 26, the US Department of Health and Human Services Office for Civil Rights (OCR) published a Final Rule that adds protections under the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule...more
In light of the ongoing investigation of Change Healthcare’s ransomware attack that resulted in the improper disclosure of thousands of individuals’ PHI, now seems like a perfect time to discuss HIPAA’s requirements...more
Earlier this year, Indiana joined a growing number of states by enacting a new notification requirement for certain healthcare transactions. Indiana Senate Bill Number 9 (SB 9), effective July 1, 2024, is likely to require...more
The U.S. Department of Health and Human Services Centers for Medicare and Medicaid Services and Office of the Secretary (collectively, HHS) released on May 6, 2024, the agencies' Final Rule governing the implementation of...more
Employers will soon see the national debate about abortion popping up in some unexpected places: the HIPAA privacy policies and procedures and notices of privacy practices they use for their health benefit plans....more
On April 27, Washington Gov. Jay Inslee signed into law House Bill 1155, colloquially known as the My Health, My Data Act (the Act). Passed in response to the U.S. Supreme Court’s Dobbs v. Jackson decision, the Act...more
Florida’s law introduces novel provisions that depart from existing US state privacy laws, which businesses will need to carefully consider. With passage of Florida’s Digital Bill of Rights, along with the Texas Data...more
The New York City Department of Consumer and Worker Protection (DCWP) adopted final rules for Local Law 144 on April 6, 2023. This landmark law prohibits employers from using automated employment decision tools (AEDTs) to...more
Recently, lawsuits have been filed against Duke and WakeMed regarding their use of Meta’s Meta Pixel tracking product and the alleged improper disclosure of patients’ protected health information (“PHI”). The U.S. Department...more
On July 29, 2022, the New York Department of Financial Services (NYDFS) published the pre-proposed second amendment to its Cybersecurity Regulations, 23 NYCRR 500 (Part 500), that if adopted, would likely require numerous...more
On July 29, the New York Department of Financial Services (NYDFS) released Draft Amendments to its Part 500 Cybersecurity Rules that include a number of significant amendments to the rules, including notification...more
On Aug. 4, the Department of Health and Human Services (HHS) published its proposed rule, Nondiscrimination in Health Care and Activities (Proposed Rule), to revise its regulations pertaining to Section 1557 of the...more
The Federal Trade Commission (FTC) adopted a policy statement on Sept. 15, 2021, emphasizing that developers of digital health apps, connected devices and other health products have obligations under the Health Breach...more