The California Consumer Privacy Act (CCPA) will take effect on January 1, 2020 and regulates most entities that collect personal information of California residents.  CCPA was patterned after the European Union’s General Data Protection Regulation (GDPR) which went online on May 28, 2018 and has been called “GDPR-Lite.”  In May, Fox Rothschild partner Odia Kagan

You may be surprised to learn that those “extra” benefits your company offers to its employees such as your employee assistance program (“EAP”) and wellness program likely are subject to the HIPAA privacy, security and breach notification rules (collectively, “HIPAA Rules”). Part 1 covers why most EAPs are subject to the HIPAA Rules. Part 2

Are strangers wandering around your health care facility with their noses buried in their smartphones? And if so, what should you do about it? They’re playing Pokémon GO, a location-based augmented reality mobile game that was released for iOS and Android devices on July 6, 2016. Its popularity exceeded all expectations (my kids are

Guest Blogger: Violetta Abinaked, Summer Associate (originally posted by Mark McCreary’s on Privacy Compliance & Data Security)

With data breaches being the quickly trending “flavor of the month” criminal activity, it’s no shock that on June 4, 2015 yet another system was hit. This time though, it may be one of the largest

On February 7, 2013, our partner Keith McMurdy, Esq., posted an excellent entry on the Employee Benefits Blog of Fox Rothschild LLP that merits republishing for our readers as well. The post outlined some direct effects of the new HIPAA Omnibus Rule on employers and their health plans.
Continue Reading The New and Improved HIPAA/HITECH Rules: What Employers Need to Know

While the undertakings of a Medicare ACO and the terminology in the Data Use Agreement for protection of patient data may differ from those of covered entities, business associates and subcontractors and their BAAs under the HIPAA/HITECH regulations, they have many striking similarities and purposes.
Continue Reading HIPAA “Mega Rule”, Meet “Super BAA”: The CMS Data Use Agreement

The principle that individuals whose protected health information is stolen, lost, or otherwise inappropriately used, accessed, or left unsecured have no private right of action against the person or entity responsible for the breach under the HIPAA/HITECH laws may change for victims of identity theft who can show the theft was caused by a HIPAA breach, at least if the action is brought in the 11th Circuit.
Continue Reading PHI Breach Involving Health Plan Leads to Lawsuit by Identity Theft Victims Who Were Plan Members