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
HIPAA
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
Employer Collection of COVID-19 Data and Employee Privacy
By Elizabeth G. Litten on
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…
Continue Reading Employer Collection of COVID-19 Data and Employee Privacy
Dos and Don’ts from OCR’s Guidance and FAQs on Telehealth and HIPAA
By Elizabeth G. Litten on
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…
Continue Reading Dos and Don’ts from OCR’s Guidance and FAQs on Telehealth and HIPAA
COVID-19 Update: Limited Waiver of HIPAA Sanctions and Penalties for Certain Hospitals
By Elizabeth G. Litten on
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 …
Continue Reading COVID-19 Update: Limited Waiver of HIPAA Sanctions and Penalties for Certain Hospitals
HIPAA and COVID-19: ABCs For Working From Home
By Elizabeth G. Litten on
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…
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More for Employers re: HIPAA Privacy and COVID-19
By Elizabeth G. Litten on
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…
Continue Reading More for Employers re: HIPAA Privacy and COVID-19