Health Law MonitorHIPAA privacy issuesExpansion of HIPAA Privacy Rule for Reproductive Health CareMay 11, 2023 On April 17, 2023, the Department of Health and Human Services (the “Department”) issued a Notice of Proposed Rulemaking (“NPRM”) proposing to expand protections afforded by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule following recent legal events involving reproductive health care.[1] This NPRM aims to strengthen the Privacy Rule protections by prohibiting… Federal Agency Proposes New Disclosure and Enforcement Rules for Substance Use Disorder RecordsFebruary 21, 2023 SAMSHA’S Recent Proposed Changes to 42 C.F.R Part 2 The U.S. Health and Human Services Department (HHS), through the Substance Abuse and Mental Health Services Administration (SAMHSA) on November 28, 2022, announced significant proposed changes to the Confidentiality of Substance Use Disorder (SUD) Patient Records Rule under 42 C.F.R. Part 2 (“Part 2”).[1] Background on Part 2 Part 2 is a federal… With an Extension Likely, Telehealth Seems Here to StayOctober 6, 2022 Telehealth is a growing trend in medicine. From 2019 to 2020, telehealth use increased an eye-popping 3000%, not including Medicaid and Medicare claims. Although the claims have decreased slightly as of 2021, telehealth is clearly here to stay and with it comes new challenges. What is Telehealth? For the purposes of Medicare, “telehealth services” are “professional consultations, office visits,… HIPAA Rules Now Permit Audio-Only TelehealthJune 16, 2022 On June 13, 2022, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced new guidelines clarifying how audio-only telemedicine can comply with the Health Insurance Portability and Accountability Act (HIPAA) Privacy, Security, and Breach Notification Rules (HIPAA Rules).[1] These guidelines were announced in response to Executive Order 14058, issued on… Colorado Candor Act C.R.S. 25-51-104 to 106March 2, 2021 Many of you are aware of “I’m sorry” laws that have been passed in many states which allow doctors and other healthcare providers to express sympathy and regret about an adverse event without it being used against them in a later civil suit. These laws are intended to provide freedom for the practitioner to communicate with a patient on a personal basis without worry over legal consequences of… HHS Proposes Modifications to The HIPAA Privacy RuleDecember 11, 2020 On December 10, 2020, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced proposed changes to the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule. The proposed updates aim to give patients more access to their health information and improve coordinated care, while also ensuring that patients are afforded privacy and security… HHS COVID-19 HIPAA Bulletin-Limited 72 Hour Waiver; Permissible Disclosures ReminderMarch 19, 2020 Even in the midst of a nationwide public health emergency, the HIPAA Privacy Rule (“Privacy Rule”) provisions still apply. However, the Secretary of the U.S. Department of Health and Human Services (“HHS”) may waive certain provisions of the Privacy Rule pursuant to the Project Bioshield Act of 2004 and Section 1135(b)(7) of the Social Security Act. President Trumps’ declaration of a nationwide… Beware! Hackers Using the COVID-19 Crisis as OpportunityMarch 16, 2020 As the COVID-19 pandemic escalates in the United States, it appears that hackers are using the crisis as an opportunity to exploit victims. The United States Department of Health and Human Services was the victim of a cyber-attack that occurred on March 16, 2020.1 Additionally, in recent weeks, various businesses and consumers have reported an increase in COVID-19-related “phishing” attempts.2 … Dental Practice Social Media Post Results in Fine by RegulatorsOctober 16, 2019 In a recent resolution agreement between Elite Dental Associates (“Elite”), a dental practice in Dallas, Texas, and the U.S. Department of Health and Human Services Office for Civil Rights (“OCR”), the OCR alleged that Elite impermissibly disclosed patients' protected health information (“PHI”) in its responses to patient reviews on the social media site Yelp. As part of its investigation,… ONC Report on Policy Gaps for Privacy and Security of mHealth DataAugust 31, 2016 In July, the Office of the National Coordinator for Health Information Technology (“ONC”) released a report that examines the oversight of the privacy and security of health data collected by entities not regulated by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). The report primarily focuses on two areas of emerging technologies provided by entities that are not… Recent Guidance on Ransomware, HIPAA, and Cyber Incident ReportingAugust 3, 2016 The Department of Health and Human Services (HHS) recently released guidance for health care entities to better understand and respond to the increased threats of ransomware. The guidance was published on July 11, 2016, and provides clarification regarding the interplay of ransomware and HIPAA, specifically that (1) a ransomware attack is a “security incident” under HIPAA, and (2) a… Ex-Parte Contacts with Treating Physicians in KentuckyJune 24, 2015 The Kentucky Supreme Court rendered an opinion on June 11, 2015, establishing the law in Kentucky on ex parte communications with a party’s non-expert treating physician, i.e. interviewing the Plaintiff’s treating physicians in advance of a deposition. In Caldwell v. Hon. A.C. McKay Chauvin, the plaintiff in an underlying medical negligence action sought a writ from the Kentucky… |
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