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
On March 20, 2020, the U.S. Department of Health and Human Services, Office for Civil Rights (OCR) published Guidance and a list of FAQs related to the provision of telehealth and HIPAA compliance.
“OCR will exercise enforcement discretion and will not impose penalties for noncompliance with the regulatory requirements under the HIPAA Rules against covered
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
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
The FAQs included in my prior post address employer response with an eye to HIPAA compliance. What else can an employer do or not do with employee information related to COVID-19 status? Even covered entities and business associates concerned with HIPAA must be alert to other laws that affect their communications and action plans. Employers
Fox Rothschild partner Bill Maruca’s article, “Protecting Privacy During an Infectious Disease Panic”, is (unfortunately) as relevant today as it was when it was posted here more than 5 years ago. Swap Ebola for COVID-19, and the article provides useful guidance for covered entities and business associates subject to HIPAA and to employers, family and
Fellow Fox Rothschild LLP Partner (and former hospital system General Counsel) Salvatore J. Russo generously contributed this post.
Some twenty-three years ago, the first well-publicized incident of the re-identification of de-identified personal health data was brought to the attention of the American public. It involved the then governor of Massachusetts, William Weld. Dr. Latanya Sweeney
As she has done for a number of years now, our good friend Marla Durben Hirsch highlighted Fox Rothschild (Fox) lawyers in her annual predictions articles in the January 2020 issue of Medical Practice Compliance Alert (MPCA). In her first article entitled “Technology will propel compliance trends in 2020”, Marla included the following
On the sixth day of CCPA the California Senate Health Committee gave to me … a HIPAA carve-out.
AB 713, reported favorably by the California Senate Health Committee, would expand the exemption related to HIPAA and medical research.
More than eleven years have passed since the U.S. Department of Health and Human Services (HHS), the agency responsible for the privacy of protected health information under HIPAA, and the U.S. Department of Education (DOE), the agency responsible for the privacy of student records under FERPA, issued joint guidance on the interplay between HIPAA and