As states enact and enforce various laws restricting, prohibiting, and even criminalizing abortion and other reproductive health care services, HIPAA rules that allow disclosure of patient information become potential privacy
Continue Reading Are We There Yet? New HIPAA Privacy Protections for Reproductive Health Data May Be Just AheadElizabeth G. Litten
Better Keep Health Data Private, FTC Signals to On-Line Health Care Providers
Watch out HHS, the FTC is taking the lead in enforcing privacy violations by companies also subject to HIPAA. BetterHelp, an on-line mental health platform, engaged in unfair and unreasonable…
Continue Reading Better Keep Health Data Private, FTC Signals to On-Line Health Care Providers
OCR Warns Providers About Patient Data Trackers
Earlier this week, our Fox partner Odia Kagan spoke on HIMSS TV about the risks associated with what may be a “blind spot” in your data privacy compliance efforts: the…
Continue Reading OCR Warns Providers About Patient Data TrackersHHS Issues Guidance in Light of Dobbs Decision

The U.S. Department of Health and Human Services (HHS) issued guidance on June 29 discussing privacy protections under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) in the…
Continue Reading HHS Issues Guidance in Light of Dobbs DecisionRoe or Not, Health Apps Must Protect Reproductive Data
Ready or not, Roe v. Wade leak or not, health app developers are on notice. Those that collect sensitive personal information, such as reproductive data, must carefully navigate both federal…
Continue Reading Roe or Not, Health Apps Must Protect Reproductive DataPlanned 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 data breaches. So, it may not seem shocking that a hacker gained access to the…
Continue Reading Planned Parenthood Los Angeles Data Breach Coincides with Spotlight on Roe v. Wade
How Does HIPAA Compare To GDPR?
I dive into the HIPAA weeds on a daily basis, and am sometimes asked about similarities and differences between HIPAA and the European Union’s General Data Protection Regulation (GDPR). Fox…
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HIPAA or Not, Health Apps Must Provide Breach Notification
The Federal Trade Commission seems to be getting serious about unauthorized disclosures of data collected by health apps. In a Policy Statement issued on September 15, 2021, the FTC says…
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Business Associates Beware: You May Need To Vaccinate Staff Under Recent Biden Executive Order
President Biden issued an Executive Order on September 9, 2021 (the “EO”) that will lead to required COVID-19 vaccinations for workers in most health care facilities that receive Medicare or…
Continue Reading Business Associates Beware: You May Need To Vaccinate Staff Under Recent Biden Executive Order
“Are You Vaccinated?” Asking, Answering, and Clarifying HIPAA
HIPAA has been around for a quarter century, but confusion continues as to its scope and applicability. The COVID pandemic, surge in Delta variant cases, and increasing number of employer…
Continue Reading “Are You Vaccinated?” Asking, Answering, and Clarifying HIPAA