Flo Health, Inc., which marketed an app used by more than 100 million women interested in tracking their personal menstruation and fertility information, seems to be getting off easily as
Continue Reading Flo Health App Fallout: HIPAA-like Breach Notification Rule Not Enforced by FTC
No Signs of Slowing Down: The OCR Settles another Investigation under the HIPAA Right of Access Initiative
By Fox Rothschild LLP on
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 Initiative
New Year Likely to Bring New Incentive for Cybersecurity Investment
By Elizabeth G. Litten on
H.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 Investment
The OCR Remains Increasingly Active under the HIPAA Right of Access Initiative
By Fox Rothschild LLP on
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 Initiative
Re-Setting the Clock for Responding to Individual Access Requests Under the Information Blocking Rule
By Elizabeth G. Litten on
Covered entities beware: a timing pitfall lurks within the recently adopted rules prohibiting information blocking. We have posted about OCR’s “Right to Access Initiative” and numerous enforcement actions taken to…
Continue Reading Re-Setting the Clock for Responding to Individual Access Requests Under the Information Blocking Rule
Which Privacy Protections Apply? HIPAA, FERPA and COVID-19
By Elizabeth G. Litten on
A recent conversation with a colleague in California prompted me to write this. He said that as part of its back-to-school plan, his children’s elementary school district “highly encouraged” that…
Continue Reading Which Privacy Protections Apply? HIPAA, FERPA and COVID-19
HIPAA Right to Access Initiative Targets Psychiatric/Mental Health Providers
By Susan McNear Fradenburg on
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 Providers
New OCR Resource Adds Guidance on HIPAA and Direct-to-Consumer Health Apps
By Elizabeth G. Litten on
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
Updated OCR Guidance on Contacting Recovered COVID-19 Patients
By Elizabeth G. Litten on
The Office for Civil Rights within the Department of Health and Human Services (OCR) provided guidance in June that reassured covered entity health care providers and that it is generally…
Continue Reading Updated OCR Guidance on Contacting Recovered COVID-19 Patients
“I Have an App for That”: ONC’s Information Blocking Rule and HIPAA Access Rights
By Elizabeth G. Litten on
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 Rights