Marcy Wilder

Firm/Organization: Hogan Lovells

Blogs: Focus on Regulation, Global Media and Communications Watch, HL Chronicle of Data Protection

Latest Articles

HIPAA Penalty Caps to Be Reduced and Tied to Culpability Level

By Marcy Wilder, Scott Loughlin, Paul Otto, Shee Shee Jin & Jonathan Hirsch on April 29, 2019

In a dramatic turn, the US Department of Health and Human Services (HHS) has announced that effective immediately, penalties for many HIPAA violations will be subject to substantially reduced limits. After a record year of collecting high-dollar settlements, the agency has pulled back and tied its own hands through a Notification of Enforcement Discretion that will likely result in lower penalties and settlement agreement amounts.…

HL Chronicle of Data Protection

HHS Seeking Input on HIPAA Changes

By Marcy Wilder, Madeline Gitomer & Katherine Kwong (Law Clerk) on December 17, 2018

The Department of Health and Human Services (HHS) announced a Request for Information (RFI) regarding how the HIPAA Privacy, Security, and Breach Notification Rules could be modified to reduce regulatory burdens and to improve care coordination, case management, and value-based health care. In addition to opening the door for public comments on current challenges and potential modifications to the HIPAA Rules, the RFI specifically requests feedback on anticipated changes to several specific provisions of the…

HL Chronicle of Data Protection

Recap of the OCR/NIST Conference on Safeguarding Health Information

By Marcy Wilder, Paul Otto & Asmaa Awad-Farid on November 16, 2018

Regulators provided key insights into enforcement trends and potential changes to HIPAA regulations at the 11th Annual “Safeguarding Health Information: Building Assurance Through HIPAA Security” conference in October co-hosted by the National Institute of Standards and Technology (NIST) and the Department of Health and Human Services (HHS), Office for Civil Rights (OCR).…

HL Chronicle of Data Protection

California Consumer Privacy Act: The Challenge Ahead – Four Key Considerations for Health and Life Sciences Companies

By Scott Loughlin, Melissa Bianchi, Marcy Wilder & Alyssa Golay on October 8, 2018

This is the sixth installment in Hogan Lovells’ series on the California Consumer Privacy Act. The California Consumer Privacy Act of 2018 (CCPA) adds another set of privacy requirements for health and life sciences companies. Managing the interaction of these new requirements with existing obligations under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), California’s Confidentiality of Medical Information Act (CMIA), and other health privacy laws will continue to be an area of…

Global Media and Communications Watch

Aetna $17.2 Million Breach Settlement Brings Lessons for Handling Health Data

By Marcy Wilder & Shee Shee Jin on February 6, 2018

Aetna will pay almost $17.2 million to settle a federal class action lawsuit stemming from a 2017 mailing that disclosed the HIV status of health plan members. Aetna also agreed last week to pay a $1.15 million fine to the state of New York after the Attorney General Eric Schneiderman’s (NY AG) investigation into Aetna’s alleged violations of federal and state privacy laws. Both settlements require compliance monitoring and record keeping obligations. Ironically, the mailings…

HL Chronicle of Data Protection

Aetna $17.2 Million Breach Settlement Brings Lessons for Handling Health Data

By Marcy Wilder & Shee Shee Jin on January 30, 2018

Global Media and Communications Watch

Combatting the Massive Wave of WannaCry Ransomware

By Harriet Pearson, Marcy Wilder & Allison Bender on May 16, 2017

Major companies, health care organizations and government agencies are facing a wave of cyberattacks involving ransomware that takes control of computers and denies access until a ransom is paid. These attacks are occurring on a global scale and in some cases are having a significant impact on business and healthcare operations. The cyberattack has disrupted targets throughout the world from Britain’s National Health Service to US Fortune 500 companies, the Russian Foreign Ministry, and universities…

HL Chronicle of Data Protection

Combatting the Massive Wave of WannaCry Ransomware

By Harriet Pearson, Marcy Wilder & Allison Bender on May 13, 2017

Global Media and Communications Watch

New York Regulators Lead the Charge to Fill Health Data Protection Gaps Left by Federal Law

By Marcy Wilder & Donald DePass on April 28, 2017

New York AG Settles Data Protection Enforcement Against Mobile Health Apps After a year-long investigation into mobile health apps claiming to be able to measure vital signs or health indicators through smartphone sensors, the New York Attorney General (NY AG) settled claims against three developers alleged to have engaged in “misleading” marketing claims and “irresponsible” privacy practices. Mobile health apps Cardiio and Runtastic claimed that their apps effectively and accurately measured heart rate after vigorous…

HL Chronicle of Data Protection

New York Regulators Lead the Charge to Fill Health Data Protection Gaps Left by Federal Law

By Marcy Wilder, Donald DePass & Shee Shee Jin on April 27, 2017

Marcy Wilder

HIPAA Penalty Caps to Be Reduced and Tied to Culpability Level

HHS Seeking Input on HIPAA Changes

Recap of the OCR/NIST Conference on Safeguarding Health Information

California Consumer Privacy Act: The Challenge Ahead – Four Key Considerations for Health and Life Sciences Companies

Aetna $17.2 Million Breach Settlement Brings Lessons for Handling Health Data

Aetna $17.2 Million Breach Settlement Brings Lessons for Handling Health Data

Combatting the Massive Wave of WannaCry Ransomware

Combatting the Massive Wave of WannaCry Ransomware

New York Regulators Lead the Charge to Fill Health Data Protection Gaps Left by Federal Law

New York Regulators Lead the Charge to Fill Health Data Protection Gaps Left by Federal Law

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