HIPAA/Health

CPW’s Elliot Golding will be speaking on an upcoming Washington Health Law Summit 2021 panel titled, “Data Roundup: Changes to Health Data Privacy, Security & Access Rules”. The program will address the myriad recent and upcoming developments impacting health data, including:

  • Information blocking/interoperability– CMS and ONC final rules on information blocking and interoperability.
  • HIPAA

In case you missed it, below is a summary of recent posts from CPW.  Please feel free to reach out if you are interested in additional information on any of the developments covered.

Multi-Million Dollar Settlement Reached in BIPA Litigation That Went Up to Seventh Circuit – Consumer Privacy World

Eleventh Circuits Orders Rehearing En

On Tuesday, November 23rd from 10:15-11 am EST CPW’s Elliot Golding will be moderating a panel regarding transatlantic health research challenges with industry experts from Microsoft (Geff Brown), Philips (Hans Hofstraat) and Novartis (Alexandre Entraygues).  The conference will have many other interesting sessions, including an all-star list of additional

Citing “multiple unreported ramsomware attacks” targeting the healthcare sector, last month the California Attorney General (CA AG) issued guidance reminding healthcare entities of their requirements under state and federal health data privacy laws to implement adequate security measures and comply with breach notification requirements. Although the document does not provide any “new” guidance, it signals

On June 1, Elliot Golding and other industry experts will co-present on the ABA Webinar: Got Data?: How the Health Data Rules are Changing. The program, organized by the American Bar Association (ABA) will address recent and upcoming developments impacting health data including, CMS and ONC final rules on information blocking and interoperability, HIPPA and

The Fifth Circuit Court of Appeals recently handed down a landmark decision criticizing and restricting how the Department of Health and Human Services Office of Civil Rights’ (OCR) interprets HIPAA and OCR’s penalty authority. OCR brought an enforcement action against the University of Texas M.D. Anderson Cancer Center (M.D. Anderson) stemming from three alleged data

California Pop MapLast month California Governor Gavin Newsom signed AB 713 into law, which more closely aligns CCPA to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and other laws governing scientific research. Although these changes may help ease compliance challenges for the health care and life sciences industries, the changes only exempt from the CCPA certain types of data rather than exempt health companies entirely.
Continue Reading CCPA Amended to Address HIPAA Exemption, Deidentified Data Rules

Stethoscope head lying on medical formThe US Department of Health and Human Services’ Office for Civil Rights (“OCR”) recently announced a settlement with Georgia-based Athens Orthopedic Clinic PA (the “Clinic”) to resolve multiple alleged violations of the Privacy and Security Rules under the Health Insurance Portability and Accountability Act (“HIPAA”).

Under the terms of the settlement, the Clinic agreed to pay $1.5 million to OCR and to adopt a corrective action plan to settle potential violations of the Privacy and Security Rules under HIPAA. The Clinic provides orthopedic services to approximately 138,000 patients annually.
Continue Reading Orthopedic Clinic Settles with HHS OCR for $1.5 Million Over Claims of Systemic HIPAA Noncompliance

Healthcare and Medicine TechnologyThe Substance Abuse and Mental Health Services Administration (“SAMHSA”) recently modified 42 CFR Part 2 regulations which sets forth federal confidentiality rules governing substance use disorder information.  While these changes bring Part 2 closer in alignment to HIPAA, the additional modifications that the CARES Act requires (which will require aligning Part 2’s consent requirements more