Tag Archives: Medical Privacy

Risk Management Strategies to Reduce Risk Associated with Telehealth

By Paulette Thomas on Posted in HHS, Medical Privacy
The use of technology to provide healthcare has existed for decades; however, recent advances in technology and changes in reimbursement have increased the prevalence of telehealth for diagnosing and treating patients. Telehealth is an emerging and promising method of providing healthcare in areas where healthcare may be limited or unavailable. Telehealth provides quality, cost-effective healthcare … Continue Reading

11th Circuit Issues Opinion Vacating Order That Required LabMD to Overhaul Its Data Security Program

Photo of Kathryn CareyBy Kathryn Carey and Aaron Lancaster on Posted in Cybersecurity, Medical Privacy
On June 6, the 11th Circuit issued its long-awaited decision on LabMD Inc. v. Federal Trade Commission, vacating as unenforceable the Federal Trade Commission’s (FTC’s) cease and desist order that required LabMD to create and implement a variety of protective measures with respect to data security. Notably, however, the decision did not address the most … Continue Reading

Massachusetts AG Settlement Bars Geofencing Near Medical Facilities

Photo of Melinda L. McLellanPhoto of Stephanie LucasBy Melinda L. McLellan and Stephanie Lucas on Posted in Behavioral Advertising, Geolocation, Marketing, Medical Privacy, Mobile Privacy, State Legislation
On April 4, 2017, the Massachusetts Attorney General’s office announced that it had settled with a digital advertiser following allegations the company was using geolocation technology to target ads to women visiting reproductive health facilities. Although the company denied that it geofenced clinics in Massachusetts, the AG indicated that such targeting would violate the Massachusetts … Continue Reading

Business Associates in the Crosshairs: Catholic Health Care Services Settles for $650,000 for Failure to Safeguard PHI

Photo of Lynn SessionsBy Lynn Sessions and Suchismita Pahi on Posted in HIPAA/HITECH, Medical Privacy
Catholic Health Care Services of the Archdiocese of Philadelphia (CHCS) recently agreed to enter into a $650,000 resolution agreement and a two-year corrective action plan (CAP) with the Office for Civil Rights (OCR). CHCS provides management and information technology services as a business associate to six nursing homes. The OCR settlement follows a finding that … Continue Reading

OCR Clarifies “Reasonable, Cost-Based” Fee Calculations for Access to Medical Records

Photo of Lynn SessionsBy Lynn Sessions and Suchismita Pahi on Posted in Medical Privacy
By couching its position in an individual’s right to access protected health information (PHI), beginning on January 7, 2016, the U.S. Department of Health & Human Services’ Office for Civil Rights (OCR) issued guidance to covered entities clarifying access to PHI set forth in the Health Insurance Portability and Accountability Act of 1996 (HIPAA). §45 … Continue Reading

North Dakota Breach Notification Law – Personal Information Includes Health Information

By Kimberly M. Wong on Posted in Breach Notification, Data Breach Notification Laws, Data Breaches, HIPAA/HITECH, Medical Privacy, State Legislation
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

Be Prepared: Redline Version of the HIPAA/HITECH Final Rule

Photo of Theodore J. Kobus IIIBy Theodore J. Kobus III on Posted in HIPAA/HITECH, Medical Privacy
The final rule is significant for any organization that is considered to be a HIPAA covered entity (“CE”) (health systems, health care providers, health plans, etc.) or the more broadly defined business associate (“BA”).  During our initial analysis of the final rule, we note significant changes to the way a breach is defined and we … Continue Reading
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