Header graphic for print
HIPAA, HITECH & HIT Legal Issues, Developments and Other Pertinent Information Relating To The Creation, Use and Exchange of Electronic Health Records

Category Archives: Sensitive Health Information

Subscribe to Sensitive Health Information RSS Feed

HIPAA-Type Protections Are Not Just For Humans – When It Comes To Medical Records, Animals Have Privacy Rights, Too (Part 1)

Posted in Privacy & Security, Sensitive Health Information

Co-authored by Nancy Halpern, DVM, Esq.; also posted on Animal Law Update HIPAA does not protect animals’ health information – it applies to the protected health information (or PHI) of an “individual”, defined as “the person who is the subject of” the PHI. However, state laws governing the confidentiality of health information also come into… Continue Reading

Hacked Health Records Prized for their Black Market Value

Posted in Articles, Health IT, Medical Identity Theft, Privacy & Security, Sensitive Health Information

I received a disturbing robo-call over the weekend informing me that someone had attempted to use my credit card number fraudulently in a retail store in the next county. When I called back and verified these were not legitimate charges, my card issuer assured me that I would not be financially responsible, canceled my card… Continue Reading

Protecting Health Information in the Context of Divorce Proceedings and Domestic Relations – Part III

Posted in Privacy & Security, Sensitive Health Information

(Part III continues Part I and Part II of this series on privacy of health information in the domestic relations context, which may be found here and here. Capitalized words not defined in this Part III shall have the meanings assigned in Part I or Part II.) 6. The situation can be further complicated by… Continue Reading

Protecting Health Information in the Context of Divorce Proceedings and Domestic Relations – Part II

Posted in Privacy & Security, Sensitive Health Information

(Part I of this series on privacy of health information in the domestic relations context may be found here. Capitalized words not defined in this Part II shall have the meanings assigned in Part I.) Tips on dealing with IHI Issues in the Domestic Relations Context 1. Whether an individual is in a stable domestic relations… Continue Reading

Protecting Health Information in the Context of Divorce Proceedings and Domestic Relations – Part I

Posted in Privacy & Security, Sensitive Health Information

The November 2014 ruling in the Connecticut Supreme Court in the case of Byrne v. Avery Center for Obstetrics and Gynecology, P.C., — A.3d —-, 2014, WL 5507439 (2014) (the “Byrne case”) has been discussed in a number of posts on this blog, including those here and here. The main focus of such posts has… Continue Reading

Welcome to “Fraud Fridays”

Posted in Health IT, New Jersey, Privacy & Security, Security Breach Notification, Sensitive Health Information

This post, written by my colleague Elizabeth Hampton, originally appeared on Garden State Gavel, a new blog focusing on New Jersey litigation topics. Fraud is on the rise in every industry and the lengths that some people will go to make money by “gaming” the system is both fascinating and alarming.  Look for some of these… Continue Reading

Not All Sensitive Health Information is Protected Health Information Under HIPAA

Posted in Sensitive Health Information

Recently our partner Keith R. McMurdy posted an entry on the Fox Rothschild Employee Benefits Legal Blog entitled “HIPAA Medical Privacy Matters: Court Permits ADA Claim to Proceed.”  While the full text of the excellent blog posting can be found here, I thought that a specific HIPAA point in Keith’s posting was well worth emphasizing: … Continue Reading

Celebrities’ Health Information Compromised by Sony Hacking

Posted in Privacy & Security, Sensitive Health Information

Fox Rothschild partner Scott Vernick recently appeared as a guest on the Willis Report to discuss the fallout of the hacking of Sony Pictures Entertainment.  Click here to view the segment.  Celebrities’ individually identifiable health information, some of which appears to be protected health information (“PHI”) under HIPAA, was among the sensitive personal data hacked… Continue Reading

Does Oklahoma’s New Abortion Law Violate HIPAA?

Posted in Privacy & Security, Sensitive Health Information

On November 1, 2009, the "Statistical Reporting of Abortion Law" was scheduled to go into effect in Oklahoma. A temporary restraining order issued on October 20, 2009, however, has blocked enforcement of the law until at least December 4, 2009.* (Davis v. Edmondson, Okla. Dist. Ct. No. CJ-2009-9154). The Statistical Reporting of Abortion Law is… Continue Reading

GINA (the new federal law, not a girl) May Spur Lawsuits

Posted in Lawsuits, Sensitive Health Information

Yesterday, the White House Office of the Press Secretary announced that President Bush signed the Genetic Information Nondiscrimination Act of 2008 ("GINA").  The intent of GINA is to protect individuals from employers and insurance companies denying employment, promotions or health coverage to people when genetic tests show they have a predisposition to cancer, heart disease, or other ailments. … Continue Reading

Federal Law Passed to Protect Use and Disclosure of Genetic Information

Posted in Sensitive Health Information

ScienceDaily reports today that the U.S. Senate approved the Genetic Information Nondiscrimination Act of 2008 (GINA) yesterday, April 24, 2008, by unanimous consent of an amended version of H.R. 493, which passed the House last April 25, 2007 by a vote of 420-3.  The House is expected to take up the measure again quickly before sending… Continue Reading