On July 11, 2022, the Federal Trade Commission’s Bureau of Consumer Protection issued a business alert on businesses’ handling of sensitive data, with a particular focus on location and health data.
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HIPAA
President Biden Issues Executive Order Protecting Privacy of Reproductive Health Data
On July 8, 2022, President Biden issued an Executive Order titled, “Protecting Access to Reproductive Health Care Services,” in response to the overturning of Roe v. Wade. …
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HHS Issues Post-Dobbs Guidance to Protect Patient Privacy
On June 29, 2022, the U.S. Department of Health and Human Services issued two guidance documents to “help protect patients seeking reproductive health care, as well as their providers” following the Supreme Court’s decision in Dobbs vs. Jackson Women’s Health Organization. …
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HHS Releases Guidance on Audio-Only Telehealth Practices
Earlier this month, the U.S. Department of Health and Human Services Office for Civil Rights released guidance to help covered entities understand how they can use remote communication technologies for audio-only telehealth in compliance with the HIPAA Privacy and Security Rules. Specifically, the Guidance clarifies how audio-only telehealth can be conducted after OCR’s Notification of Enforcement Discretion for Telehealth, put in place during the COVID-19 pandemic, is no longer in effect.
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Vermont Enacts Insurance Data Security Law
On May 27, 2022, Vermont Governor Phil Scott signed H.515, making Vermont the twenty-first state to enact legislation based on the National Association of Insurance Commissioners Insurance Data Security Model Law. This blog entry provides a summary of the legislation.
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Connecticut Enacts Consumer Privacy Law
On May 10, 2022, Connecticut Governor Ned Lamont signed An Act Concerning Personal Data Privacy and Online Monitoring, after the law was previously passed by the Connecticut General Assembly in April. Connecticut is now the fifth state to enact a consumer privacy law.
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Utah Becomes Fourth U.S. State to Enact Consumer Privacy Law
On March 24, 2022, Utah became the fourth state in the U.S., following California, Virginia and Colorado, to enact a consumer data privacy law, the Utah Consumer Privacy Act. The law will take effect on December 31, 2023.
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NJ Acting Attorney General Announces $425,000 Fine to Settle Breach Investigation
Earlier this month, the New Jersey Acting Attorney General Andrew Bruck announced that its Division of Consumer Affairs had reached a $425,000 settlement with three New Jersey-based providers of cancer care over alleged failures to adequately safeguard patient data.
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DOJ Announces New Cyber-Fraud Initiative and Intent to Utilize False Claims Act to Spur Compliance
On October 6, 2021, Deputy Attorney General Lisa Monaco announced the launch of the new Civil Cyber-Fraud Initiative that will use the False Claims Act to pursue cybersecurity related fraud by government contractors and grant recipients. …
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New Jersey Acting Attorney General Announces Data Breach Settlement with Fertility Clinic
On October 12, 2021, New Jersey Acting Attorney General Andrew J. Bruck and the Division of Consumer Affairs announced a settlement with Diamond Institute for Infertility and Menopause, LLC over a data breach that compromised the personal information of 14,663 patients, including 11,071 New Jersey residents. The Division of Consumer Affairs alleged that the fertility clinic violated the New Jersey Consumer Fraud Act and the federal HIPAA’s Privacy and Security Rules by removing protected health information safeguards.
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