On October 31, 2023, the Department of Health and Human Services announced the issuance of a settlement agreement with Doctors’ Management Services, a Massachusetts-based medical management company, related to alleged violations of the Health Insurance Portability and Accountability Act’s Privacy and Security Rules.
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HIPAA
FTC and HHS Update Consumer Health Data Privacy and Security Guide
On September 15, 2023, the Federal Trade Commission and the Department of Health and Human Services published an updated version of the two agencies’ joint publication, entitled “Collecting, Using, or Sharing Consumer Health Information? Look to HIPAA, the FTC Act, and the Health Breach Notification Rule.” …
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ONC and HHS OCR Release Updated HIPAA Security Risk Assessment Tool
On September 13, 2023, the National Coordinator for Health Information Technology and the Office for Civil Rights at the U.S. Department of Health and Human Services released version 3.4 of the Security Risk Assessment Tool under the Health Insurance Portability and Accountability Act Security Rule.
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Delaware Could Become the 13th State to Enact a Comprehensive State Privacy Law
On June 30, 2023, the Delaware House of Representatives passed the Delaware Personal Data Privacy Act (H.B. 154), a day after the Delaware Senate passed the legislation. The DPDPA heads to Governor John Carney for a final signature. …
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Oregon Consumer Privacy Act
On June 22, 2023, the Oregon House of Representatives passed the Oregon Consumer Privacy Act (S.B. 619), which was previously passed by the Oregon Senate on June 20, 2023. The OCPA has been sent to the Oregon governor’s desk for signature. If signed, the OCPA would make Oregon the 12th state to have enacted comprehensive privacy legislation.
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Texas Passes Bill Requiring Digital Service Providers to Get Parental Consent for Create Minors’ Accounts
On June 13, 2023, Texas Governor Greg Abbott signed H.B. 18, or the Securing Children Online through Parental Empowerment (“SCOPE”) Act that would require digital service providers to get parental consent to create an account with minors younger than 18 years of age. …
Texas Passes Bill Imposes Obligations on Digital Service Providers to Protect Minors
On June 13, 2023, Texas Governor Greg Abbott signed H.B. 18, or the Securing Children Online through Parental Empowerment (“SCOPE”) Act that would impose obligations on digital service providers to protect minors.…
FTC Proposes Amendments to Health Breach Notification Rule
n May 18, 2023, the Federal Trade Commission announced it is seeking comment to proposed changes to the Health Breach Notification Rule. …
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HHS Issues NPRM to Strengthen Protections under HIPAA for Reproductive Privacy
On April 12, 2023, the U.S. Department of Health and Human Services issued a Notice of Proposed Rulemaking to modify protections under the Health Insurance Portability and Accountability Act of 1996 to strengthen reproductive health care privacy.
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New York Attorney General Settles with Law Firm Over Data Breach
On March 27, 2023, New York Attorney General Letitia James announced that a New York-based law firm had agreed to pay $200,000 in penalties and enhance its cybersecurity practices to settle charges stemming from a 2021 data breach. …
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