This post was also written by Rachel M. Golick. During 2008, the California legislature passed numerous bills impacting health care providers and debated several high-profile bills touting universal health insurance. In this memorandum, we bring to your attention four new laws (each becoming effective Jan. 1, 2009) impacting hospitals and other licensed health care facilities. These … Continue Reading
Search Results for: privacy
California’s New HIPAA-Like Requirements Impose New Data Privacy & Security Duties – and Create New Potential Liabilities
Data breaches can occur in any industry, but those that involve medical information create unique problems. Starting January 1, they also will carry unique penalties, at least in California. The new California laws, Senate Bill 541 (SB 541) and Assembly Bill 211 (AB 211). Health care providers clearly need to take heed of the laws’ … Continue Reading
COVID-19 pandemic: FCC issues guidance on the TCPA’s “emergency purposes exception”
The Telephone Consumer Protection Act (the TCPA) restricts telemarketing and the use of automated telephone equipment for phone calls, faxes, and text messages. In an effort to ease restrictions in light of the COVID-19 outbreak, the Federal Communications Commission (FCC) has issued guidance clarifying that informational calls that are directly related to the imminent health or safety … Continue Reading
Please join us for an upcoming CLE Webinar, “Digital Health 101”
On Thursday, January 23, 2020 at 12:00 PM ET, Reed Smith will be hosting “Digital Health 101”, a CLE webinar covering: Federal and state health care regulatory and reimbursement issues, including fraud and abuse implications and insurance coverage for digital health devices and services Applicability of federal and state privacy laws, including the Health Insurance … Continue Reading
Social Security Numbers available on public-facing website and lack of timely remedial efforts lead to $1.6 million civil monetary penalty against Texas state agency
The U.S. Department of Health and Human Services Office for Civil Rights’ (OCR) recent imposition of a civil monetary penalty (CMP) against a Health Insurance Portability and Accountability Act of 1996 (HIPAA) covered entity demonstrates the need to ensure that HIPAA compliance programs are in place, are audited regularly, and emphasize the importance of promptly … Continue Reading
Hear from Speakers from WebMD, CMS, PhRMA, AdvaMed, AHCA and More at Dec. 4 Washington Health Care Conference
Please join us for our 6th Annual Washington Health Care Conference, a program discussing the latest hot topics and anticipated trends impacting health care and life sciences organizations. This year’s program will be held on December 4, 2019 at The Almas Center in Washington, D.C. Sessions include: A thought-provoking keynote. We are pleased to welcome … Continue Reading
New California ballot initiative would expand protections over health data
Californians may have a new privacy initiative on their November 2020 ballot after the California Privacy Rights and Enforcement Act of 2020 (CPREA) was proposed last week. If enacted, this new law would revise and expand upon the California Consumer Privacy Act (CCPA) – which goes into effect in January – by, among other features, creating heightened standards around the use … Continue Reading
Proposed Rule Offers Clarity on Mandatory Protections for Substance Use Disorder Patient Records
Entities that provide treatment to patients with substance use disorders may find some clarity on federal requirements surrounding patient record confidentiality. The Department of Health & Human Services (HHS) Substance Abuse and Mental Health Services Administration (SAMHSA) recently announced much-anticipated proposed changes to the federal regulations at 42 C.F.R. part 2 (Part 2), which govern … Continue Reading
Newly introduced bill could provide for additional protections for biological data collected by non-covered entities
Over the past few years, genetic testing services have become a widespread phenomenon. Companies providing these services gather certain biological data from consumers who sign up for their services and then analyze this data to ascertain information about the consumer’s ancestry and/or genetic traits, among other things. These companies, however, are typically considered “non-covered entities” … Continue Reading
HIPAA-Regulated Entities Take Notice – States are Teaming Up on Enforcement
In an unprecedented settlement arising from a federal lawsuit in the U.S. District Court for the Northern District of Indiana, a medical software provider agreed to pay $900,000 to 16 state attorneys general (AGs) for alleged violations of a conglomerate of state and federal privacy laws. The settlement represents the resolution of the first-ever multistate data … Continue Reading
