With the explosion of health data sifting through cutting-edge companies, industry stakeholders are left to wonder how wearable devices, wellness programs, health applications, and the like should be regulated.
Despite current belief, the Health Insurance Portability and Accountability Act (“HIPAA”) does not regulate all health information. HIPAA regulates health information collected and retained by covered
Artificial Intelligence (“AI”) refers to algorithm tools that simulate human intelligence, mimic human actions, and can incorporate self-learning software. The benefits of AI tech can reduce spending, provide alternative treatment ideas, and improve patient experience, diagnosis, and outcome.
Consider virtual health assistants who deliver medication alerts and patient education, AI used to detect abnormalities in
“TMI” usually means “too much information”, but it was used aptly by the Office for Civil Rights (OCR) as an acronym for a covered entity that exposed protected health information (PHI) of more than 300,000 patients through an insecurely configured server. According to the April 5, 2019 Resolution Agreement, the covered entity, Touchstone Medical
A study shows that “92 percent of 36 mental health apps shared data with at least one third party — mostly services that help with marketing, advertising, or data analytics.”
“About half of those apps did not disclose that third-party data sharing, for a few different reasons: nine apps didn’t have a privacy policy at
HHS Office for Civil Rights (OCR)’s April 3, 2019 cybersecurity newsletter highlights one of the more challenging cybersecurity vulnerabilities faced by covered entities and business associates. OCR reminds covered entities (CEs) and business associates (BAs) that compliance with the HIPAA Security Rule can help, but stops a bit short of providing concrete guidance as to
The new Apple Watch Series 4® is one of the more recent and sophisticated consumer health engagement tools. It includes a sensor that lets wearers take an electrocardiogram (ECG) reading and detect irregular heart rhythms. The U.S. Food & Drug Administration (FDA) recently approved these functions as Class II medical devices, which generally
Fox Rothschild’s Minneapolis Privacy Summit on November 8 will explore key cybersecurity issues and compliance questions facing company decision-makers. This free event will feature an impressive array of panelists drawn from cybersecurity leaders, experienced regulatory and compliance professionals and the Chief Division Counsel of
The European Union’s General Data Protection Regulation (GDPR) went into effect on May 25, 2018. Whereas HIPAA applies to particular types or classes of data creators, recipients, maintainers or transmitters (U.S. covered entities and their business associates and subcontractors), GDPR applies much more generally – it applies to personal data itself. Granted, it doesn’t apply
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
Many employers who have had it drilled into them that HIPAA applies to protected health information (PHI) of employees are often surprised to learn that the applicability of HIPAA to employee health information (EHI) is actually quite narrow. HIPAA only applies to EHI related to the employer’s group health plans (such as medical, dental, employee