Statute
HITECH
66 published works
Traverse Legal Expert Articles
Why Tech Companies Need a Data Breach Response Lawyer
By Brian Hall
A data breach can expose a technology company to far more than compromised customer information. Regulatory investigations, lawsuits, contractual disputes, and operational disruptions can follow, often before the business fully…
Nothing but Substance
New Rules Relating to Confidentiality of Substance Use Disorder Patient Records
On April 16, 2024, the U.S. Department of Health and Human Services (HHS) finalized a rule modifying the Confidentiality of Substance Use Disorder (SUD) Patient Records (the Final Rule) codified…
Bench & Bar of Minnesota
Major changes coming to HIPAA privacy rules in 2022
By Minnesota State Bar Association
By Gregory J. Myers, David W. Asp, and Develyn J. MistriottiIn January 2021, the U.S. Department of Health and Human Services (HHS) proposed revisions and additions to HIPAA and HITECH’s…
Data Protection Report
Connecticut tightens its data breach notification laws
By David Kitchen (US), Alexis Wilpon (US)
Effective October 1, 2021, an amendment[1] to the Connecticut General Statute concerning data privacy breaches, Section 36a-701b, will impact notification obligations in several significant ways. The amendment: Expands the definition…
Password Protected
As HIPAA, HITECH Undergo Modernization, NIST Seeks Comment on Security Standard Guidance
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 for…
HIPAA & Health Information Technology
Flo Health App Fallout: HIPAA-like Breach Notification Rule Not Enforced by FTC
Flo Health, Inc., which marketed an app used by more than 100 million women interested in tracking their personal menstruation and fertility information, seems to be getting off easily as…
O'Neil, Cannon, Hollman, DeJong & Laing S.C. Articles
Federal Trade Commission and Enforcement of Privacy Law
As we have mentioned previously, there is no overarching federal data privacy law in the United States. By contrast, the European Union’s General Data Protection Regulation (GDPR) regulates data privacy,…
Health Law Rx
Privacy Policy: The Midterm Effect
Congress has long attempted to grapple with issues of cyber-security, both within the healthcare field, and generally in the United States. The Health Insurance Portability and Accountability Act (HIPAA), as…
Data Privacy + Cybersecurity Insider
Ciox Health, LLC Initiates Lawsuit against the Department of Health and Human Services Over Medical Records Request Fees under HIPAA and HITECH
On January 8, 2018, Ciox Health, LLC (Ciox) filed a complaint against the Department of Health and Human Services (HHS) and then-acting Secretary Eric D. Hargan, alleging that the Department’s…
Healthcare Law Insights
Congress’ suggestions for ransomware treatment under HIPAA
Backing up electronic health record data may become an important aspect of complying with and mitigating risk under the Health Insurance Portability and Accountability Act (HIPAA) and Health Information Technology…