On October 30, 2009 the Federal Trade Commission (FTC) issued a News Release announcing that it is granting industries under the FTC’s jurisdiction an additional 7 months (i.e., until June 1, 2010) to develop and implement their identity theft prevention programs as required under the FTC’s Identify Theft Red Flags Rule. According to the FTC News … Continue Reading
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
On April 30, 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 so-called Identify Theft Red Flag Rule. The FTC also stated that that some entities, … Continue Reading
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
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
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
On Monday, the District Court of Massachusetts issued a notable attorney’s fee award decision in a class action arising from a data privacy breach, In re TJX Companies Retail Securities Litig. Along with a class settlement, class counsel urged the court to approve a $6.5 million attorney’s-fees award, arguing that hundreds of millions of dollars … Continue Reading
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
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
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