Protected Health Information

Last week, Utah Governor Spencer J. Cox signed three privacy-related bills into law. The bills are focused on, respectively, protection of motor vehicle consumer data, regulations on social media companies with respect to minors, and access to protected health information by third parties.
Continue Reading Utah Governor Signs Spate of Privacy Bills into Law

On February 21, 2024, the U.S. Department of Health and Human Services’ Office for Civil Rights entered into a resolution agreement and corrective action plan with Green Ridge Behavioral Health LLC. This marks the second such settlement with a HIPAA-regulated entity for violations that were discovered following a ransomware attack, according to HHS.
Continue Reading HHS Targets Small Behavioral Health Clinic for HIPAA Violations Following Ransomware Investigation

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.
Continue Reading HHS Announces First HIPAA Settlement Agreement Involving Ransomware Attack

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.”
Continue Reading FTC and HHS Update Consumer Health Data Privacy and Security Guide

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.
Continue Reading ONC and HHS OCR Release Updated HIPAA Security Risk Assessment Tool

On December 1, 2022, the Office for Civil Rights at the U.S. Department of Health and Human Services released a Bulletin on the obligations of HIPAA covered entities and business associates under the HIPAA Privacy, Security, and Breach Notification Rules when using online tracking technologies.
Continue Reading HHS Releases Bulletin on Use of Online Tracking Technologies by HIPAA Covered Entities and Business Associates

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.
Continue Reading FTC Issues Business Alert on Illegal Use and Sharing of Location, Health and other Sensitive Data

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.
Continue Reading HHS Issues Post-Dobbs Guidance to Protect Patient Privacy

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.
Continue Reading HHS Releases Guidance on Audio-Only Telehealth Practices