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On June 13th, U.S. Department of Health & Human Services (“HHS”) issued guidance advising that covered health care providers and health plans (covered entities) can provide audio-only telehealth services as long as they are compliant with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) Privacy, Security, and Breach Notification Rules…
Continue Reading New Telehealth Guidance Gives Thumbs-Up to Audio-Only ServicesReady or not, Roe v. Wade leak or not, health app developers are on notice. …
Continue Reading Roe or Not, Health Apps Must Protect Reproductive DataIllinois’ Biometric Information Privacy Act Is Coming for Hospitals, Long-Term Care Providers
Attention hospitals, clinics, retirement homes and other long-term care providers! If you are collecting fingerprints…
Continue Reading Illinois’ Biometric Information Privacy Act Is Coming for Hospitals, Long-Term Care ProvidersPlanned Parenthood Los Angeles Data Breach Coincides with Spotlight on Roe v. Wade
According to this article, 2021 has been a “particularly dire year” for health care…
Continue Reading Planned Parenthood Los Angeles Data Breach Coincides with Spotlight on Roe v. WadeThe Latest
No Signs of Slowing Down: The OCR Settles another Investigation under the HIPAA Right of Access Initiative
Prior to the holiday, the OCR settled its thirteenth enforcement action under the HIPAA Right of Access Initiative, which involved a primary care physician practicing in the State of Georgia. …
Continue Reading No Signs of Slowing Down: The OCR Settles another Investigation under the HIPAA Right of Access InitiativeH.R. 7898, sent to the President for signature on December 24, 2020 may be the HIPAA holiday gift covered entities and business associates have been waiting for. The bill…
Continue Reading New Year Likely to Bring New Incentive for Cybersecurity InvestmentThe OCR Remains Increasingly Active under the HIPAA Right of Access Initiative
The Department of Health and Human Services (“HHS”) Office of Civil Rights (“OCR”) recently settled four more investigations under the HIPAA Right of Access Initiative, which totals 11 settlements thus…
Continue Reading The OCR Remains Increasingly Active under the HIPAA Right of Access InitiativeHIPAA Right to Access Initiative Targets Psychiatric/Mental Health Providers
Mental Health/substance abuse providers and providers treating HIV/AIDS patients are held to a higher standard when it comes to protecting medical records, requiring additional levels of consent and analysis prior…
Continue Reading HIPAA Right to Access Initiative Targets Psychiatric/Mental Health ProvidersNew OCR Resource Adds Guidance on HIPAA and Direct-to-Consumer Health Apps
A tricky issue for mobile health app developers since the Office for Civil Rights (OCR) released its first “Health App Use Scenarios & HIPAA” guidance back in 2016 has been…
Continue Reading New OCR Resource Adds Guidance on HIPAA and Direct-to-Consumer Health Apps“I Have an App for That”: ONC’s Information Blocking Rule and HIPAA Access Rights
A patient asks her doctor to send her test results to an app the patient has downloaded on her phone. The doctor worries that the app is not secure and…
Continue Reading “I Have an App for That”: ONC’s Information Blocking Rule and HIPAA Access RightsOCR Webinar on HIPAA and COVID-19: Key Points for Covered Entities and Business Associates
Fox Rothschild LLP partner Beth Larkin listened to the HHS Office for Civil Rights 4/24/20 webinar (which should be posted on its website at some point) regarding HIPAA and COVID-19…
Continue Reading OCR Webinar on HIPAA and COVID-19: Key Points for Covered Entities and Business AssociatesBy Margaret J. Davino, Salvatore J. Russo and Nawa A. Lodin
In the Medicare Telemedicine Healthcare Provider Fact Sheet published March 17, 2020, the Centers for Medicare & Medicaid…
Continue Reading Medicare and OCR Relax Telehealth Rules Under Medicare and HIPAACOVID-19 Update: Limited Waiver of HIPAA Sanctions and Penalties for Certain Hospitals
Effective March 15, 2020, certain hospitals that fail to comply with specific HIPAA Privacy Rule requirements will not be subject to HIPAA sanctions and penalties, according to a “COVID-19…
Continue Reading COVID-19 Update: Limited Waiver of HIPAA Sanctions and Penalties for Certain Hospitals