Statute
HITECH Act
331 published works
Covington Digital Health
FTC Adopts Policy Statement on Privacy Breaches by Health Apps and Connected Devices
By Libbie Canter, Anna D. Kraus, Tara Carrier
On September 15, the Federal Trade Commission (“FTC”) adopted, on a 3-2 party-line vote, a policy statement that takes a broad view of which health apps and connected devices are…
Healthcare Law Blog
HIPAA Privacy Rule Modification – Removing Barriers and Promoting Coordinated Care at What Cost?
On May 6, 2021, the comment period for the proposed modification to regulations implementing the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) Privacy Rule and Health Information Technology…
Data Privacy Dish
HIPAA Fine Exposure May Be Reduced by 5th Circuit Decision
The Fifth Circuit Court of Appeals’ decision in University of Texas M.D. Anderson Cancer Center v. United States Dept. of Health and Human Services, 985 F.3d 472 (5th Cir. 2021),…
Covington Digital Health
M.D. Anderson Wins Appeal Over $4.3 Million HIPAA Penalty
By Anna D. Kraus, Libbie Canter, Tara Carrier
On January 14, 2021, the United States Court of Appeals for the Fifth Circuit vacated a $4.3 million civil monetary penalty that the Office for Civil Rights (“OCR”) of the…
Password Protected
Department of Health and Human Services Announces Proposed Changes to the HIPAA Privacy Rule
By Kimberly J. Kannensohn, Kristen H. Chang
On January 21, 2021, the Department of Health and Human Services (HHS) published proposed modifications to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Health Information Technology…
Covington Digital Health
HITECH Amendment Provides Some Protection For Covered Entities and Business Associates that Adopt Recognized Security Standards
By Anna D. Kraus, Libbie Canter, Tara Carrier
On January 5, 2021, an amendment to the Health Information Technology for Economic and Clinical Health (“HITECH”) Act was signed into law. The amendment requires the U.S. Department of Health…
Legal Health Information Exchange
Fifth Circuit Vacates $4.3M MD Anderson Penalty
“If at first you don’t succeed, try try again.”After several years and appeals, M.D. Anderson has succeeded in overturning a hefty civil monetary penalty “(CMP”) stemming from a series of…
Eye On Privacy
Learning from the Mistakes of Others: OCR Releases Audit Report
By Liisa Thomas, Susan Ingargiola
The HHS Office for Civil Rights released, at the end of last year, findings from audits it conducted in 2016 and 2017 of 166 covered entities and 41 business associates.…
Health Care and Life Sciences
HITECH Act Amendment Incentivizes Adoption of NIST and Other Recognized Cybersecurity Safeguards as a Defense or Mitigation to HIPAA Enforcement
By Brian G. Cesaratto, Patricia (Trish) M. Wagner, Alaap B. Shah
On January 5, 2020, HR 7898, became law amending the Health Information Technology for Economic and Clinical Health Act (HITECH Act), 42 U.S.C. 17931, to require that “recognized cybersecurity practices”…
Fell Law Blog
Saving Money on Medical Records Requests with the HITECH Act
By Bibi Fell
Our clients pay thousands of dollars for medical treatment—and then have to pay hundreds or thousands more to send their records to their lawyers. But there’s a way around that…