Health Law MonitorHIPAA privacy issuesRecent 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… Senate Bill 6 and its Impact on Health Care ProfessionalsApril 7, 2015 The West Virginia Legislature recently amended the Medical Professional Liability Act, W.Va. Code 55-7B-1, et seq. (“MPLA”) through Senate Bill 6. These amendments accomplished several things including broadening the statutory definitions of “health care provider” and “health care” to encompass a wider range of health care professionals, health care related activities, and provide MPLA… State Law Causes of Action for Patient Privacy Breach Proceed Despite HIPAA PreemptionMarch 18, 2015 Since its enactment, many providers have been faced with the risk of government sanctions for patient privacy breaches under the Health Insurance Portability and Accountability Act (“HIPAA”), but have been able to seek solace in the fact that HIPAA does not allow for a private cause of action and preempts conflicting state law. The Connecticut Supreme Court’s opinion in Byrne v. Avery… |
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