Medical Privacy Ramifications Of Hurricane Harvey – HHS Issues: Limited Waiver of HIPAA Privacy Rule Protections; and Bulletin Addressing HIPAA Rules in Emergency Situations

In response to the tragic fallout from Hurricane Harvey, an unprecedented storm that decimated the city of Houston and a large swath of the Gulf Coast of Texas and Louisiana, the U.S. Department of Health and Human Services (HHS) declared a public he… Read More
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Privacy Update: Refill Reminders Expressly Permitted In California – The State Finally Catches Up to the Feds

Although HIPAA-compliant sponsored “refill reminders” have always been legally permissible for a host of treatments under California’s Confidentiality of Medical Information Act (CMIA), Cal. Civ. Code §§ 56-56.37, the state finally came right… Read More
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FTC Reminds Us That HHS’s Office for Civil Rights Not Only One Watching Medical Privacy

Seasons greetings from the Federal Trade Commission (FTC). Yesterday, the FTC published its Agreement Containing Consent Order and attendant press release regarding its settlement with a medical billing company (PaymentsMD) and the company CEO for al… Read More
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HIPAA Comes of Age... Thanks to HITECH, D.D.S.

OFW Law Celebrates 35 Years of Successes in Drug/Healthcare Privacy Practices (Part II) In celebrating 35 years of practice, OFW Law’s Drugs, Biologics, and Controlled Substances and Healthcare Privacy practice groups are taking a look back to shar… Read More
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HITECH First Amendment Challenge Delayed – HHS Promises Guidance and Agrees to Limited Enforcement Delay

The Department of Health and Human Services (HHS) revealed in court filings yesterday that it expects to issue guidance regarding prescription refill reminder programs before September 23, 2013. It also stated that it will not enforce the restriction… Read More
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The FTC and Keeping Privacy Promises

In 2012, identity theft was the number one complaint reported to the Consumer Sentinel Network. Protection of private consumer information continues to be a high priority for law enforcement and any business dealing with consumer information – that… Read More
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New HHS Privacy Rule Conflicts With Congressional Support for Refill Reminder Programs

The Obama Administration (HHS’s Office for Civil Rights) promulgated its new HIPAA Privacy Rule ostensibly to strengthen consumers’ medical privacy rights. The result, however, is likely to harm patients by restricting clinicians’ and pharmacis… Read More
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HHS’s Updated Medical Privacy Rules Under HIPAA Could Be Susceptible to First Amendment Challenge

On January 17, 2013, the U.S. Department of Health and Human Services (HHS) issued a long-awaited pre-publication copy of revisions to the federal medical privacy requirements commonly referred to as the HIPAA Privacy Rule. The final rule, issued pur… Read More
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