News & Analysis as of

Patients Patient Privacy Rights

Tarter Krinsky & Drogin LLP

New York Proposes Legislation to Provide Terminally Ill Persons a Medication to Peacefully End Their Life

Now Is the Right Time to Consult with Legal Counsel About Preparing Advance Directives that Reflect End-of-Life Wishes- New York’s Medical Aid in Dying Act (A136/S138) is once again before the New York State Legislature in...more

Health Care Compliance Association (HCCA)

OCR Loses Staff, Faces Move to New ‘Enforcement’ Office; Will HIPAA Focus, Independence Suffer?

Today, the HHS Office for Civil Rights (OCR) stands shoulder-to-shoulder with the likes of the Office of Inspector General and Office of General Counsel, one of just a dozen or so agencies reporting directly to the secretary....more

Lasher Holzapfel Sperry & Ebberson PLLC

Estate Planning for Young Adult Children

The job of parenting can be consuming with the drive to protect children in all circumstances, including the unthinkable. However, the topic of estate planning for children still looms large on the mind of most parents....more

Morris James LLP

How to Ask the Right Questions During Medical Visits

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Medical visits can be overwhelming, especially when faced with complex diagnoses, unfamiliar medical jargon, or time constraints. However, being proactive during your appointment is critical to ensuring your health concerns...more

Bass, Berry & Sims PLC

How Can Healthcare Providers Respond to Online Patient Reviews Without Violating HIPAA?

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Current and potential patients are taking to the internet to share opinions and make decisions about healthcare providers. Good reviews can convert prospective healthcare consumers into patients, while bad reviews,...more

Health Care Compliance Association (HCCA)

OCR: Rule Halts Disclosures Under ‘Presumption of Lawfulness,’ Shares Model Attestation Form

Attestations are at the heart of permissible disclosures under the HHS Office for Civil Rights’ (OCR) new reproductive health privacy rule—and OCR wants covered entities (CEs) and business associates (BA) to use them now. The...more

Health Care Compliance Association (HCCA)

Hackers Increasingly Leveraging Threats to Patients to Pressure Health Organizations to Pay Ransom

Cyberhackers—potentially frustrated by their limited ability to extort ransom from health care entities in attacks—have started extorting the patients themselves, threatening them with the release of information or...more

Holland & Knight LLP

New Legislation Shakes Up the Florida Healthcare Landscape

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The 2023 Florida legislative session came to a close on May 5, 2023. The Legislature was very active and passed approximately 200 bills, including several that will impact the healthcare regulatory landscape. Once approved by...more

Brooks Pierce

Office for Civil Rights Settles Five Investigations in HIPAA Right of Access Initiative: Don’t Give Your Patients Any Reason to...

Brooks Pierce on

Recent enforcement actions by the Office for Civil Rights (OCR) underscore the importance of providing patients with copies of their protected health information (PHI) as required by HIPAA. Failure to provide access exposes...more

McDermott Will & Emery

International News: Focus on Global Privacy and Cybersecurity - September 2020

McDermott Will & Emery on

Generally, contact tracing refers to an effort by public health officials to identify individuals with whom a patient who has tested positive for an infectious disease has been in close proximity. Public health officials will...more

McDermott Will & Emery

OCR Issues New HIPAA Guidance for Covered Entities Contacting Recovered COVID-19 Patients for Plasma Donations

McDermott Will & Emery on

The United States Department of Health and Human Services Office for Civil Rights (OCR) recently issued updated guidance on contacting former COVID-19 patients about blood plasma donation in light of the privacy protections...more

Baker Donelson

Protecting LTC Residents' PHI: Eight Tips for Avoiding a Data Breach

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Organizations that meet the definition of "covered entity" under the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (HIPAA) must be diligent to maintain the privacy and security...more

K&L Gates LLP

K&L Gates Triage: Artificial Intelligence in Health Care

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Artificial Intelligence (AI) systems, including the use of algorithms and computer software to analyze complex data and perform certain decision making functions without direct human involvement, are rapidly developing in...more

Dentons

What Exactly Can I Tell the Cops about the Patient with a Gun?

Dentons on

As a healthcare provider, it can be extremely difficult to assess when you should reach out to law enforcement for assistance managing patients. There is a wide array of laws which impact how you communicate with law...more

K&L Gates LLP

K&L Gates Triage: Protecting Patient Information in Bankruptcy Cases

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In this episode, Margaret Westbrook discusses privacy issues that may affect health care providers when filing proofs of claim in the bankruptcy court. Given the potential for public access of these records, it is important...more

Holland & Knight LLP

New Substance Use Disorder Confidentiality Final Rules

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The federal Substance Abuse and Mental Health Services Administration (SAHMSA) published a Final Rule on January 3, 2018 making further changes to federal rules governing the confidentiality of substance use disorder patient...more

Holland & Knight LLP

CMS Memo on Texting Patient Information

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CMS issued a memo to state survey agency directors on December 28, 2017, to clarify CMS’s position on texting patient information. The memo, which indicates that it is effective “immediately,” states that CMS prohibits...more

Fisher Phillips

Healthcare Employers, Beware: HIPAA Whistleblowers Could Be (Legally) Leaking Protected Health Information

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In this day and age, healthcare employers are quite familiar with the Health Insurance Portability and Accountability Act (HIPAA), which protects the disclosure of patients’ confidential health information. After all, in the...more

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