On September 15, 2021, the Federal Trade Commission (FTC) released a policy statement to offer guidance on the scope of its Health Breach Notification Rule (the Rule) in relation to health applications and connected devices. The Rule, issued in 2009, helps ensure entities not covered under the Health Insurance Portability and Accountability Act (HIPAA) are held accountable when consumers’ sensitive health information that has been entrusted to them is compromised.
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FTC Warns Health Apps, Connected Device Companies to Comply with Health Breach Notification Rule Posted on: September 22, 2021 In: Data Privacy & Cybersecurity
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California Seeks to Heal HIPAA & CCPA Divisions with AB 713 Posted on: October 19, 2020 In: Data Privacy & Cybersecurity
On September 5, 2020 the California legislature passed AB 713, amending the California Consumer Privacy Act (CCPA). The bill alleviates some of the burdens imposed on medical research and healthcare operations by the CCPA, and imposes new requirements and restrictions on businesses that sell or disclose de-identified health data. The bill also contains an emergency clause enabling it to take effect immediately upon the governor's approval.
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Healthcare Providers Beware: HIPAA Applies When Complying With Subpoenas Posted on: August 18, 2020 In: COVID-19 Response
Much scrutiny has been given to the treatment for COVID-19 and the use of funds in fighting it. In time, the local, state, and federal governments will be investigating or prosecuting organizations accepting COVID-19 funds or treating those with the coronavirus. Covered entities, such as healthcare providers and health plans, might be served with subpoenas and discovery requests. It is important to know how to manage the release or disclosure of patient information subject to these requests.
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OCR Announces HIPAA Telehealth Security Waiver in Response to COVID-19 Pandemic Posted on: March 20, 2020 In: COVID-19 Response
The Office for Civil Rights (OCR) at the Department of Health and Human Services (HHS), which is the body responsible for enforcing certain regulations pursuant to the Health Insurance Portability and Accountability Act of 1996 (HIPAA), is exercising its enforcement discretion to meet the needs of health care providers and patients during the COVID-19 (Coronavirus) public health emergency.
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Ransomware and the Paramount Importance of Evidence Preservation for Healthcare Entities Posted on: March 10, 2020 In: Data Privacy & Cybersecurity
Organizations regulated by the Healthcare Information Privacy and Accountability Act (HIPAA) must take special care to preserve valuable forensic artifacts at the outset of a ransomware or other cybersecurity event. The HIPAA Breach Notification Rule presumes a cybersecurity incident has resulted in unauthorized access to unsecured protected health information and the burden shifts to the organization to show a low probability of the compromise of the health information it maintains.
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HIPAA Small Breach Notification Deadline is March 1, 2020 – The Clock’s Ticking to Submit to HHS/OCR! Posted on: February 27, 2020 In: Data Privacy & Cybersecurity
Organizations that experienced a data incident in 2019 affecting the protected health information (PHI) of less than 500 individuals have just a few more days to submit their notification to the U.S. Department of Health & Human Services’ Office for Civil Rights (HHS/OCR).
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HIPAA Breach Reporting: Focus on Remediation in Responding to an HHS/OCR Investigation Posted on: February 25, 2019 In: Data Privacy & Cybersecurity
Last year was another banner year for HIPAA data breaches reported to the Department of Human Services Office of Civil Rights (HHS/OCR), and the reporting period hasn’t yet closed, as organizations experiencing breaches affecting fewer than 500 individuals have until 60 days after the end of the calendar year in which the breach occurred to make the report.
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Social Media and the Workplace – Why and How Employers Should Limit the Use of Social Media in the Workplace Posted on: November 09, 2018 In: Data Privacy & Cybersecurity
Social media has revolutionized the way people communicate and stay in contact with one another. But in the workplace, trying to “friend” an employee or sharing a photo with sensitive information in the background can create legal liabilities that employers may not have thought about before.
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What You Don’t Know Can Hurt You Posted on: August 24, 2017 In: Data Privacy & Cybersecurity
The need to protect patient information from unauthorized disclosure is nothing new for healthcare providers. However, healthcare providers cannot adequately protect the security and integrity of their patients’ information if they do not first know what threats they face. A string of recent enforcement actions and corresponding high-dollar settlements with the U.S. Department of Health and Human Services Office for Civil Rights (OCR) demonstrates that the agency takes threat identification seriously.
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