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

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 our most recent post, the Top 5 Common HIPAA Mistakes to Avoid in 2018, we noted that the U.S. Department of Health and Human Services, Office for Civil Rights (OCR) has recently published guidance on disclosing protected health information (PHI) related to overdose victims. OCR published this and other guidance within the last

This blog recently discussed tips for a covered entity (CE) in dealing with a HIPAA business associate (BA). Now, even though you have adopted all of the tips and more, in this dangerous and ever more complex data security world, one of your BAs suffers a breach and it becomes your responsibility as the

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

(Part III continues Part I and Part II of this series on privacy of health information in the domestic relations context, which may be found here and here. Capitalized words not defined in this Part III shall have the meanings assigned in Part I or Part II.)

6. The situation can be further complicated

Health-related technology has developed light-years faster than health information privacy and security protection laws and policies, and consumers can find new mobile health applications for a wide range of purposes ranging from diabetes management to mole or rash evaluation to fitness tracking.  Smart mobile app developers wondering when and how HIPAA privacy and security requirements

The Connecticut Supreme Court handed down a decision in the case of Byrne v. Avery Center for Obstetrics and Gynecology, P.C., — A.3d —-, 2014 WL 5507439 (2014) that

[a]ssuming, without deciding, that Connecticut’s common law recognizes a negligence cause of action arising from health care providers’ breaches of patient privacy in the context of