What do ransomware, Yelp, and website tracking technologies all have in common? They are troubling areas of concern for HIPAA covered entities and business associates, according to one official from the federal Office for Civil Rights (OCR) which enforces the HIPAA privacy and security rules. Recently, the Executive Editor of Information Security Media Group’s (ISMG’s)
Hospital Mergers Double the Risk of a Data Breach, Study Shows
The healthcare sector is a prime target for data breaches. According to a summary by the HIPAA Journal, 32% of all data breaches between 2015 and 2022 were in the healthcare sector, “almost double the number recorded in the financial and manufacturing sectors.” Industry analysts cite to many reasons for this, including the sensitivity
ChatGPT and HIPAA, Caution is Needed, Even ChatGPT Says So!
Recently, things may have sped up a little in your doctor’s office. The notes for your recent visit may have been organized and filed a little more quickly. You might have received assistance sooner than expected with a physician letter to your carrier concerning a claim. You also may have received copies of those medical
EEOC Sues Home Care Provider For Race And National Origin Discrimination Over Changing Work Assignments Based On Client Preferences
The EEOC has filed suit in federal court against a home care provider, alleging it unlawfully discriminated against employees when it changed their work assignments to accommodate client preferences. EEOC v. ACARE HHC d/b/a Four Seasons Licensed Home Health Care, 23-cv-5760 (E.D.N.Y. July 31, 2023).
The suit alleges the home care provider “routinely would
What Employers Need to Know about the Mental Health Parity Proposed Regulations
On July 25, 2023, the tri-agencies of the Departments of Treasury, Labor, and Health and Human Services (the Departments) issued a compendium of guidance designed to facilitate compliance with the Nonquantitative Treatment Limitation (NQTL) comparative analysis requirements added by the Consolidated Appropriations Act, 2021 (CAA, 2021) as they relate to the Mental Health Parity and
HHS and FTC Send Joint Letter to 130 Hospital Systems, Telehealth Providers Re: Tracking Technologies
The Department of Health and Human Services and the Federal Trade Commission have sent a joint letter to approximately 130 hospital systems and telehealth providers to emphasize the risks and concerns about the use of technologies, such as the Meta/Facebook pixel and Google Analytics, that can track a user’s online activities. Read more.
Nevada’s Governor Signs Health Data Privacy Act
On June 16, 2023, Nevada’s Governor signed Senate Bill (SB) 370, which enacts certain protections for consumer health data. The law is similar to Washington’s My Health, My Data Act, which was passed in April. The Future of Privacy Forum prepared a useful chart comparing the Washington and Nevada laws. Nevada’s law
U.S. Supreme Court: False Claims Act Liability Depends on Defendant’s Subjective Beliefs
Liability in False Claims Act (FCA) suits depends on whether a defendant subjectively believed its claims were false, not on whether it can offer an objectively reasonable basis for its claims, the U.S. Supreme Court has held in a unanimous decision authored by Justice Clarence Thomas. U.S. ex. rel. Schutte v. SuperValu Inc., No.
Connecticut Legislature Amends Physician Non-Compete Statute, Adds Protections for APRNs, PAs
A bill to amend the state physician non-compete statute (Conn. Gen. Stat. § 20-14p) and to add non-compete protections for advanced practice registered nurses (APRNs) and physician assistants (PAs) has passed the Connecticut legislature. Governor Ned Lamont is expected to sign the bill soon. For physicians, the new law will go into effect July 1
CMS COVID-19 Vaccination, Testing Requirements to Formally End This Summer
The Biden-Harris Administration announced on May 1, 2023, that the Centers for Medicare and Medicaid Services (CMS) would soon be eliminating COVID-19 vaccination requirements for healthcare providers. On May 31, 2023, CMS issued the awaited Final Rule. The Final Rule contains two key changes:
- Removes testing requirements issued in the September 2, 2020, Interim