The Centers for Medicare & Medicaid Services (CMS) reiterated its commitments to expanding access to telehealth services and paying “appropriately” for services that maximize technology in the Medicare Program; Revisions to Payment Policies under the Physician Fee Schedule and Other
Of Digital Interest
Legal news and analysis of all things digital
Of Digital Interest, published by McDermott Will & Emery, focuses on legal developments and issues related to data privacy, cybersecurity, and digital regulation. The blog covers topics such as compliance with the California Consumer Privacy Act (CCPA) and its enforcement, litigation trends involving privacy rights, and proposed legislative changes like the California Privacy Rights Act. It also addresses emerging concerns around technologies such as facial recognition systems, including their legal, ethical, and accuracy challenges. The blog provides insights into how evolving digital laws impact businesses, particularly in areas like data security, consumer rights, and regulatory enforcement.
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To Scan or Not to Scan: Surge in Lawsuits under Illinois Biometrics Law
Although the Illinois Biometric Information Privacy Act has been on the books for almost 10 years, a recent surge in lawsuits has likely been brought on by developments in biometric scanning technology and its increased use in the workplace. At…
ONC’s De-Regulatory Announcement Aims at Enticing Industry to Adopt 2015 Edition Criteria
In September, the Office of the National Coordinator for Health Information Technology (ONC) announced that it is scaling back requirements for third-party certification of criteria related to certified electronic health record (EHR) technology (CEHRT). Going forward, ONC will allow health…
Declaration of Public Health Emergency Changes Remote Prescribing Requirements but Creates Many Questions Waiting to Be Answered
President Trump declared the opioid addiction epidemic a public health emergency yesterday. The White House made it clear that this declaration would allow officials to remove barriers to the prescribing of controlled substances via telemedicine, which would permit DEA registered…
Virtual Care Advancement | Outlook on CHRONIC Care Act and Other Federal Legislation
The Senate’s unanimous passage of the Creating High-Quality Results and Outcomes Necessary to Improve Chronic (CHRONIC) Care Act of 2017 (S.870) on September 26th is an encouraging step forward for modernizing telehealth access and reimbursement. The bipartisan, budget-neutral…
Upcoming FTC Workshop on Informational Harm | Next Brushstrokes on the FTC’s Consumer Privacy and Security Enforcement Canvas
On September 29, the Federal Trade Commission (FTC) formally announced a December 12th workshop on informational injury—the injury a consumer suffers when information about them is misused. The workshop will address questions such as, how to characterize and measure such…
The Opioid Crisis: Declaring a National Emergency and the Effect on Remote Prescribing through Telemedicine
On July 31, 2017, President Donald Trump’s Commission on Combating Drug Addiction and the Opioid Crisis recommended that he declare the opioid epidemic a national emergency. In August 2017 and again on October 16, 2017, the president indicated he would…
China Data Protection Enforcement Update – A Focus on Platform Content
Following the first enforcement actions by local authorities in Shantou and Chongqing for violations of the new Network Security Law that came into effect this year, authorities in China have recently shown a clear initial focus with several new cases…
Irish Court Casts Serious Doubt on EU Model Clauses
The validity of Model Clauses for EU personal data transfer to the United States is now in real doubt as a result of a new Irish High Court judgment stating that there are “well founded grounds” to find the Model…
Texas Continues to Embrace Telemedicine
On September 15, 2017, the Texas Medical Board (Board) released proposed rules regarding telemedicine and mental health services (Proposed Rules) to implement Senate Bill 1107, which was passed on May 11, 2017. Most notably, the Proposed Rules provide that a…