AG/FDA Blog

Patient – Consumer – Industry Coalition Suggests Reducing Government Barriers to Medication Non-Adherence

In an October 2017 White Paper, Prescriptions for a Healthy America (P4HA), a broad-based group that includes representatives of the pharmaceutical and pharmacy industries, as well as consumer- and patient-based groups, called for a new anti-kickback… Read More
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Medical Privacy Update: HHS Guidance on Permitted Uses and Disclosures of PHI for Treatment and Health Care Operations

Late last week, HHS’s Office for Civil Rights (OCR) and Office of the National Coordinator for Health IT (ONC) issued two Fact Sheets (or guidance documents) intended to assist regulated industry in Understanding Some of HIPAA’s Permitted Uses an… Read More
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Medical Privacy Update and 2015 Retrospective

MEDICAL PRIVACY UPDATE: New PHI Disclosures Permitted for Firearm Background Checks Earlier today, HHS published a Final Rule modifying the HIPAA Privacy Rule (45 C.F.R. § 164.512) to allow certain Covered Entities to disclose limited PHI to the FBI… 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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Privacy Update: White House Drops Draft Consumer Privacy Bill . . . Splat!

The White House (via the Department of Commerce) has released a “discussion draft” of consumer privacy legislation intended to codify President Obama’s 2012 Consumer Data Privacy In A Networked World: A Framework For Protecting Privacy And Prom… 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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HIPAA, the TCPA and Robodialing

Over the past several months, we have received several questions regarding how HIPAA interacts with the FCC’s implementation of rules under the Telephone Consumer Protection Act (TCPA).  Specific questions center around when authorization may be r… Read More
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HHS Guidance Expands Scope of Refill Reminders and Reasonable Costs

As we reported recently, the Department of Health and Human Services (HHS) announced its intent to issue guidance regarding prescription “refill reminder” programs that can be conducted without patient authorization by September 23, 2013.  HHS… 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 restricti… 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 – th… Read More
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