Monitoring Legal Developments Relating to the Privacy and Security of Health Information
By 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 Services (CMS) broadened access to Medicare telehealth services to allow Medicare patients to receive more services from their doctors without travel to a health care…
If you are a covered entity who experienced a breach of unsecured protected health information affecting fewer than 500 individuals , you must notify the Office of Human Rights of the Department of Health and Human Services of the breach within 60 days of the end of the calendar year in which the breach was…
As she has done for a number of years now, our good friend Marla Durben Hirsch highlighted Fox Rothschild (Fox) lawyers in her annual predictions articles in the January 2020 issue of Medical Practice Compliance Alert (MPCA). In her first article entitled “Technology will propel compliance trends in 2020”, Marla included the following…
It’s that time again for year-in-review articles. On December 16, 2019, Modern Healthcare has published an infographic that compares HIPAA breaches which occurred in 2019 to aggregate breach statistics from 2010-2018. The 2019 data was analyzed through the end of November. A few interesting trends appear. Let’s go to the numbers:
Breaches by Location:
In…
The California Consumer Privacy Act (CCPA) will take effect on January 1, 2020 and regulates most entities that collect personal information of California residents. CCPA was patterned after the European Union’s General Data Protection Regulation (GDPR) which went online on May 28, 2018 and has been called “GDPR-Lite.” In May, Fox Rothschild partner Odia Kagan…
A two-physician practice in Battle Creek, Michigan is reportedly the first health care provider to cease operations as a result of a ransomware attack. The Minneapolis Star Tribune reports that Brookside ENT experienced a malware attack that deleted and overwrote every medical record, bill and appointment in the practice’s system, including backups, and created encrypted…
Filefax, Inc., a defunct Illinois medical records storage and management company, has been fined $100,000 for improperly handling medical data under an agreement with the court-appointed receiver managing the company’s assets on behalf of its creditors. This settlement has implications for both service providers and their covered entity clients. Fox Rothschild partners Elizabeth Litten and…
In 1973, President Richard Nixon’s Chief of Staff H.R. Haldeman warned White House Counsel John Dean against talking to prosecutors investigating the growing Watergate scandal, telling him “Once the toothpaste is out of the tube, it’s going to be very hard to get it back in,” and a useful idiom was born. Personal…
In a recent New York Times op-ed piece entitled “How a Bad Law and a Big Mistake Drove My Mentally Ill Son Away,” the father of a young man involuntarily hospitalized under Florida’s Baker Act decries “privacy laws” for limiting his access to information about his son’s whereabouts and care. If this account…
Our partner Elizabeth Litten and I were recently featured again by our good friend Marla Durben Hirsch in her article in the April 2017 issue of Medical Practice Compliance Alert entitled “Business associates who farm out work create more risks for your patients’ PHI.” Full text can be found in the April, 2017 issue, but…
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