Since the U.S. Supreme Court’s Dobbs v. Jackson Women’s Health Organization decision, healthcare privacy has become a more urgent issue as states such as Missouri seek to limit women from obtaining abortions in other states. For example, certain period tracking apps could be used to penalize anyone seeking or considering an abortion. In an effort … Continue Reading
Health privacy has been a Federal Trade Commission (FTC) priority for decades, and indeed, one of its very first privacy cases, in the early 2000s, involved the inadvertent sharing of user health data. Fast-forward a few decades, and health privacy remains a major concern. Case in point: The latest FTC privacy enforcement action focuses on … Continue Reading
11/30/2016 Update: Today OCR issued another alert relating to the phishing email campaign and has shared that the phishing email originates from the email address OSOCRAudit@hhs-gov.us and directs individuals to a URL at http://www.hhs-gov.us. This is a subtle difference from the official email address for OCR’s HIPAA audit program, OSOCRAudit@hhs.gov. Covered entities and business associates … Continue Reading
For the second year in a row, the BakerHostetler Data Security Incident Response Report demonstrates that healthcare breaches continue to be the highest percentage of incidents that we handled in 2015. This year’s Report provides insights generated from the review of more than 300 incidents that our attorneys advised on in 2015. The report confirms … Continue Reading
The U.S. Department of Health and Human Services Office for Civil Rights (OCR) recently announced that the agency expects to begin Phase 2 Audits in early 2016. OCR intends to conduct desk audits and on-site audits of covered entities (CEs) and business associates (BAs), and has contracted with FCi Federal, Inc., to conduct the data … Continue Reading
Authors: Lynn Sessions, Kimberly Wong, Cory Fox and Anne Foster. On January 25, 2013, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) published the long-awaited HIPAA Omnibus Final Rule (Final Rule), which includes the most sweeping changes to HIPAA since the Privacy and Security Rules were released. Under the … Continue Reading
North Dakota has amended its Notice of Security Breach for Personal Information statute, North Dakota Century Code Section 51-30 et seq., to expand the definition of “personal information” to include “medical information” and health insurance information.” Pursuant to the amended statute, “medical information” includes any information regarding an individual’s medical history, mental or physical condition, … Continue Reading
The long awaited HIPAA/HITECH final rule is out. Data Privacy Monitor contributors Theodore J. Kobus III and Lynn Sessions held a webinar that covered what stands out as big changes and how healthcare organizations need to prepare. Have the standards just been juggled or will healthcare organizations need to change their approach? View Webinar Recording. Ted and Lynn have helped … Continue Reading
The Department of Health and Human Services (HHS) issued, on January 17, 2013, its Final Omnibus Rule modifying the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) Privacy and Security Rules as well as the breach notification rules of the Health Information Technology for Economic and Clinical Health Act (“HITECH”). Our initial discussion can … Continue Reading