Archives: HIPAA/Health

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France Issues New Rules for the Accreditation of Health Data Hosting Services Providers

As some companies may have experienced already, the French Public Health Code (Article L.1111-8) requires that services providers hosting certain types of health/medical data (in French “hébergeurs de données de santé” or “HDS”) be accredited for this activity. The accreditation procedure is changing, effective 1 April 2018, from an authorisation procedure to a certification… Continue Reading

States Increase HIPAA Enforcement

Overview of Recent Settlement Actions Recent Health Insurance Portability and Accountability Act (“HIPAA”) enforcement settlements for Virtual Medical Group (“VMG”) in New Jersey and EmblemHealth in New York may signal a broader trend of increased state HIPAA enforcement.  Under the Health Information Technology for Economic and Clinical Health (“HITECH”) Act’s amendment to HIPAA, codified at … Continue Reading

Recent HHS Settlement Showcases that Alleged HIPAA Liability Attaches Even After a Business Closes its Doors

The HHS Office of Civil Rights announced earlier this month that a court appointed receiver for Illinois moving and storage company, Filefax, has entered into a resolution agreement and corrective action plan to settle alleged violations of the HIPAA Privacy and Security Rules.  The receiver for Filefax, which went out of business during OCR’s investigation, … Continue Reading

HHS Office for Civil Rights Issues Updated HIPAA and Research Guidance in Response to 21st Century Cures Act Mandate

Last month, the Department of Health and Human Services Office for Civil Rights (“OCR”) issued two helpful new HIPAA guidance documents regarding research uses and disclosures of PHI, fulfilling a mandate in the 21st Century Cures Act (Public Law 114-255) (the “Act”).  Although the documents merely reaffirm prior guidance in many places, the documents also … Continue Reading

Increased Recognition to Improve Cybersecurity in Healthcare Sector

There is an increasing recognition of the need to improve cybersecurity in the healthcare sector (particularly relating to medical devices).  For example, the Chairman of the House of Representatives’ Committee on Energy and Commerce recently asked HHS in a formal letter to “develop a plan of action for creating, deploying, and leveraging [bill of materials] … Continue Reading
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