The Federal Trade Commission (FTC) continues to enforce and update its Health Breach Notification Rule (HBNR) amidst a fast-changing regulatory environment. A new rule, which took effect this week, expands the scope of the HBNR, as the FTC ramps up enforcement activity related to disclosures of identifiable health data, and other agencies implement changes to the
Eric K. Temmel
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HHS Aligns Part 2 Substance Use Disorder Confidentiality Requirements With HIPAA
By Philip E. Legendy, Eric K. Temmel & David Goroff on
Newly effective regulations governing confidentiality of Substance Use Disorder (SUD) records now more closely mirror regulations implementing the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and other federal law. The new measures ease the administrative burden on programs by aligning regulations governing the privacy of Part 2 SUD records with the regulatory framework…
Federal Court Holds that Cloud Service Provider is Subject to CMIA
By Philip N. Yannella, Gregory P. Szewczyk & Eric K. Temmel on
Posted in Consumer Protection, Litigation
On August 12, 2021, the United States District Court for the District of South Carolina issued an opinion denying in part and granting in part a motion by Blackbaud to dismiss seven statutory claims brought by plaintiffs in a multidistrict consolidated action stemming from a ransomware attack. The most notable aspect of the opinion is the Court’s interpretation of the California Medical Information Act (CMIA), which may have the effect of broadening the scope of liability for California-based cloud service providers that suffer data breaches.
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A Fast Start: 2021 Begins With Major HIPAA Developments
By Eric K. Temmel & Edward I. Leeds on
The new year began with an unusual amount of activity related to the Health Insurance Portability and Accountability Act (HIPAA). Health care providers, health plans, health care clearinghouses, and business associates subject to HIPAA will need to consider three significant developments—one regulatory, one legislative, and one judicial—relating to the Privacy and Security Rules under HIPAA and the related Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH).
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OCR Issues Guidance Related to PHI Disclosures During COVID
By Edward I. Leeds & Eric K. Temmel on
On December 18, 2020, the United States Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) issued guidance specific to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and the COVID-19 public health emergency. The guidance addresses permitted HIPAA disclosures of Protected Health Information (“PHI”) by covered entities and business associates via health information exchanges (“HIEs”) for certain public health purposes.
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