The State of Washington appears close to enacting a new law that regulates the privacy of consumer health information. If passed, the new law – the My Health My Data Act (MHMDA) –would take effect March 31, 2024 and apply to non-governmental entities that collect, process, share, or sell health information that can be linked
Pennsylvania Amends Data Breach Notification Law
In early November, Pennsylvania amended its data breach notification law broadening the definition of personal information. The amendment adds “health insurance information” and “medical information” as data elements that could trigger breach notification requirements. Coupled with this addition is a breach notification exception for businesses that are (1) subject to and (2) in compliance with
HHS Clarifies Applicability of HIPAA Privacy Rule to COVID-19 Vaccination Status Requests
The U.S. Department of Health and Human Services (HHS) released guidance to address how the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule applies to various entities’ requests for information related to an individual’s COVID-19 vaccination status.
HHS emphasized that the Privacy Rule applies only to covered entities, including health plans and most
FTC Guidance Affirms Breach Notification Obligations for Health Apps and Connected Devices
On September 15, 2021, the Federal Trade Commission (“FTC”) issued a policy statement affirming the applicability of its Health Breach Notification Rule (the “Rule”), 16 CFR Part 318, to health apps and connected devices that are not subject to the Health Insurance Portability and Accountability Act (“HIPAA”) but are capable of drawing information from multiple sources.
Continue Reading FTC Guidance Affirms Breach Notification Obligations for Health Apps and Connected Devices
OCR’s HIPAA Resolution Agreements: the Year Thus Far
The Office of Civil Rights (OCR) of the U.S. Department of Health and Human Services (HHS) has continued its enforcement of HIPAA’s privacy and security rules in the new administration, announcing a number of settlements of alleged violations in the first seven months of 2021. This settlement activity followed a few other significant HIPAA developments
A Fast Start: 2021 Begins With Major HIPAA Developments
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).
Continue Reading A Fast Start: 2021 Begins With Major HIPAA Developments
OCR Issues Guidance Related to PHI Disclosures During COVID
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.
Continue Reading OCR Issues Guidance Related to PHI Disclosures During COVID
HHS Announces Eight HIPAA Settlements
Following a very quiet start to HIPAA settlement activity in 2020, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) recently announced eight settlements with covered entities and business associates.
The most recent of these announcements involves the second-largest HIPAA settlement amount in OCR’s history, amounting to $6.85 million.
Planning for the Worst: Privacy, Info Sec, and Bankruptcy
With the ongoing covid crisis leaving businesses of all sizes concerned about the short and medium term future, the intimidating task of considering a liquidation or restructuring is inevitably starting to become a reality. Although privacy in the bankruptcy context is nothing new—especially in the context of personally identifiable information (“PII”) held by a company—it
Disclosing Information about the Novel Coronavirus under HIPAA
Health care providers, health plans, and others who are subject to HIPAA are sure to have questions about when they may disclose information about individuals who have contracted, or been exposed to, Coronavirus (COVID-19).
To address these questions, the Office of Civil Rights, U.S. Department of Health and Human Services, has issued guidance. First, it