In March 2016, the Department of Health and Human Services announced resolution agreements with North Memorial Health Care of Minnesota and The Feinstein Institute for Medical Research over potential violations of the HIPAA Privacy Rule.
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Minnesota
Federal Court: Attorney-Client Privilege and Work-Product Doctrine Upheld for Materials Associated with Internal Data Breach Investigation
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On October 23, 2015, the United States District Court for the District of Minnesota, in large part, upheld Target’s assertion of the attorney-client privilege and work-product protections for information associated with a privileged, internal investigation of Target’s 2013 data breach. …
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Target Data Breach Litigation: District Court Certifies Class of Financial Institutions
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Posted in Security Breach, U.S. State Law
On September 15, 2015, Judge Magnuson of the U.S. District Court for the District of Minnesota certified a class of financial services institutions claiming damages from Target Corporation’s 2013 data breach.
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State “Ban the Box” Legislation Gains Momentum
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Posted in U.S. State Law, Workplace Privacy
As reported in the Hunton Employment and Labor Perspectives Blog, new legislation in North Carolina and Minnesota illustrates the recent trend of states implementing laws to prohibit employers from requesting information about job applicants’ criminal histories.
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Federal Court Finds No Reasonable Expectation of Privacy in Computer Files Shared on a Public Network
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On August 1, 2013, a federal district court in Minnesota denied a criminal defendant’s motion to suppress evidence, holding that the defendant had no reasonable expectation of privacy in computer files he had shared on a peer-to-peer network.
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Minnesota Attorney General Announces $2.5 Million Settlement with Accretive Health
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On July 31, 2012, Minnesota Attorney General Lori Swanson announced a $2.5 million settlement with Accretive Health, Inc. for violations of the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations, and various Minnesota debt collection and consumer protection laws.
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OCR Director Leon Rodriguez Says Tolerance for HIPAA Non-Compliance Is Low
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On June 7, 2012, at the annual Safeguarding Health Information: Building Assurance through HIPAA Security Conference in Washington, D.C., OCR Director Leon Rodriguez indicated that tolerance for HIPAA non-compliance is “much, much lower” than it has been in the past, and that the final omnibus rule modifying the HIPAA Privacy, Security and Enforcement Rules is “very close.”…
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Minnesota AG Sues Debt Collection Agency for Health Privacy Violations
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On January 19, 2012, Minnesota Attorney General Lori Swanson announced a lawsuit against Accretive Health, Inc., alleging that the debt collection company failed to adequately safeguard patients’ protected health information and violated HIPAA, the Minnesota Health Records Act, Minnesota’s debt collection statutes and Minnesota’s consumer protection laws.
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