Tag Archives: Data Protection and Privacy

FTC Further Postpones Identity Theft Red Flags Rule

On July 29, 2009 the Federal Trade Commission (FTC) issued a News Release announcing that it is granting industries under the FTC's jurisdiction an additional 3 months to develop and implement their identity theft prevention programs as required under the FTC's Identify Theft Red Flags Rule. Additionally, the FTC staff will "redouble" its education efforts and ease compliance by providing additional resources and guidance to clarify whether businesses are covered by the Rule and what they must do to comply. By extending the enforcement date of the Rule until November 1, 2009, the FTC intends to give creditors and financial institutions more time to review the forthcoming guidance and to develop and implement written Identity Theft Prevention Programs. The announcement of the extension is also available at www.ftc.gov.… Continue Reading

Health Information Privacy and Incentives, Medicaid Funding, and Other Health Care Provisions in the American Recovery and Reinvestment Act

On February 17, 2009, President Obama signed into law H.R. 1, the American Recovery and Reinvestment Act (the "ARRA"). The sweeping $790 billion economic stimulus package includes a number of health care policy provisions. Reed Smith's Health Care Memorandum summarizes the major health policy provisions of the Act.… Continue Reading

Update on FTC’s Identity Theft Red Flag Regulations: Address Discrepancy Rule and Identity Theft Prevention Rule as They Apply to Health Care Providers

Recent posts on www.lifescienceslegalupdate.com include: A discussion by Matt Wetzel and Katie Hurley regarding a new Texas bill that, if passed, will require pharmaceutical manufacturers to annually disclose gifts, payments and other economic benefits bestowed on health care providers. https://www.lifescienceslegalupdate.com/2008/11/articles/health-care/drug-company-disclosure-bill-introduced-in-texas-state-legislature/ Updated information regarding the FTC's approach to address discrepancies and its "Red Flag Rules" designed to combat identity theft, as they apply to health care providers. https://www.lifescienceslegalupdate.com/2008/11/articles/regulatory-developments/update-on-ftcs-identity-theft-red-flag-regulations-address-discrepancy-rule-and-identity-theft-prevention-rule-as-they-apply-to-health-care-providers/… Continue Reading

HIPAA Preemption

In “Ex Parte Talks Allowed Under Georgia Law For Counsel, Doctors Preempted by HIPAA,” the United States Law Week discusses in detail Moreland v. Austin, Georgia Sup. Ct. No. S08G0498, a November 3, 2008 decision holding that defense attorneys who wish to engage in ex parte communications with plaintiffs’ treating physicians must comply with HIPAA … Continue Reading

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

FTC Grants Six-Month Delay on Enforcement of the “Red Flag Rules”

Today, the Federal Trade Commission (FTC) issued a press release to announce that it will suspend enforcement of the new “Red Flag Rules” until May 1, 2009, to give “creditors” and financial institutions additional time in which to develop and implement written identity-theft prevention programs. Reed Smith has worked on behalf of the American Health Care … Continue Reading

FTC’s Identity Theft Red Flag Regulations: Implications for Health Care Providers

In November 2007, the Federal Trade Commission ("FTC") issued sweeping regulations aimed at deterring, detecting and preventing identity theft. Under these rules, known as the Red Flag Regulations, 16 C.F.R. § 681.1 et seq. and Final Rule ("Red Flag Regulations"), financial institutions and creditors of covered accounts must establish a program to detect, prevent and mitigate identity theft.… Continue Reading