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 all students be tested for COVID-19 before returning to class. The district provided families with an in-home saliva test and asked parents to collect their
Updated OCR Guidance on Contacting Recovered COVID-19 Patients
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 OK to use or disclose protected health information (PHI) to contact individuals who have recovered from COVID-19 for case management and care coordination.
The OCR
Employer Collection of COVID-19 Data and Employee Privacy
The following post is adapted from an article written by Fox Rothschild attorneys Wayne Pinksone and Lucy Li, available here.
OSHA recently published guidance for “nonessential businesses” that are intending to reopen and allow their employees to return to work. This guidance is intended to supplement the U.S. Department of Labor and U.S. Department
FTC Offers Tips for Data Protection in Products Related to Fighting COVID-19
From Fox Rothschild’s Privacy Compliance & Data Security blog
The Federal Trade Commission (FTC) has offered tips for data protection during the COVID-19 crisis.
- Consider privacy and security as you’re developing your products and services, and not after launch. Although we will be flexible and reasonable when it comes to bringing enforcement actions against companies
Don’t Get Sprayed: CISA Alert Reminds Health Care Entities to Use Strong Passwords
A joint Alert from the U.S. Department of Homeland Security Cybersecurity and Infrastructure Security Agency (CISA) and the U.K.’s National Cyber Security Centre (NCSC) warns of new cyber attacks targeting COVID-19-related information.
Notably, these attacks succeed when system users have weak or common passwords. NCSC published frequently found passwords here, many of which are
OCR Webinar on HIPAA and COVID-19: Key Points for Covered Entities and Business Associates
Fox Rothschild LLP partner Beth Larkin listened to the HHS Office for Civil Rights 4/24/20 webinar (which should be posted on its website at some point) regarding HIPAA and COVID-19 and took notes. Here’s my summary of key points, based on Beth’s notes:
Overview: OCR stresses that the HIPAA Rules are supposed to be balanced
New York Attorney General Warns Health Care Industry of COVID-19 Cyber Scams
The New York Attorney General has issued a warning to healthcare providers, hospitals, and other organizations within the health supply chain that cyber criminals are using targeted COVID-19 phishing emails and texts to gain access to sensitive information. Multiple reports indicate that scammers are sending emails and texts to get a recipient to click on
Medicare and OCR Relax Telehealth Rules Under Medicare and HIPAA
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
COVID-19 Update: Limited Waiver of HIPAA Sanctions and Penalties for Certain Hospitals
Effective March 15, 2020, certain hospitals that fail to comply with specific HIPAA Privacy Rule requirements will not be subject to HIPAA sanctions and penalties, according to a “COVID-19 & HIPAA Bulletin” issued by U.S. Health and Human Services Secretary Alex M. Azar. The waiver was implemented as a response to President Trump’s
HIPAA and COVID-19: ABCs For Working From Home
If your company is a covered entity or a business associate, you face unique challenges when workforce members ask or are required to work from home. Hopefully, your company’s HIPAA Security Policies and Procedures address the use of portable devices, whether they are owned by the employer or by the employee, and your HIPAA security