Health Care Counsel

Arent Fox's health care law blog offers news, analysis, and insights for the health care industry.

Health Care Counsel

HIPAA / Health Privacy & Security

Arent Fox began advising clients in matters involving the privacy and security of health information long before the final promulgation of the Privacy and Security Standards under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). In fact, we represented clients before Congress and HHS throughout the negotiations of the Administrative Simplifications Provisions of HIPAA and the crafting of the final regulations. We also developed a comprehensive model HIPAA compliance program that enables health care providers to implement the Federal Privacy Standards in a systematic and efficient manner.

Given the depth of our HIPAA experience, we are uniquely positioned to provide our clients with a comprehensive, cost-effective means to incorporate new HIPAA and HITECH requirements into existing compliance programs, assess their obligations under the new data breach notification requirements, and unravel the complex HIPAA issues that frequently arise in the context of clinical research. Clients facing a HIPAA enforcement action can turn to Arent Fox with confidence knowing that one of our attorneys was involved in the resolution of the largest HIPAA enforcement case to date.

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Mobile Health Oops! New York Takes Action While Federal Regulators Falter

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California Privacy Law Poses Challenge for External Peer Review of Outpatient Psychotherapists

* The following article was originally published by California Healthcare News. To read it on the California Healthcare News website, click here

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From the Source: Senior Advisor Provides Valuable Insight Into Office For Civil Rights’ Plans

On March 27, 2017, Rachel Yount attended the Health Care Compliance Association’s Compliance Institute 2017, where Illiana Peters, a senior advisor at Health and Human Services, Office for Civil Rights (“OCR”), provided an “OCR Enforcement Update.”

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The Fourth Circuit Holds That The Mere Threat of Future Harm Is Insufficient to Confer Standing On Victims of a Data Breach

A recent decision from the Fourth Circuit Court of Appeals in Beck v. McDonald, 848 F.3d 262 (4th Cir. 2017), adds to the list of circuit courts of appeal that have held that that the mere threat of future harm resulting from a data breach, without more, is insufficient to satisfy the injury-in-fact requirement for Article III standing.

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Regulation from Across the Pond: GDPR’s Implications for United States Health Care Organizations

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Substance Abuse Medical Record Privacy Rules Updated For The First Time in Nearly 30 Years

For the first time in nearly three decades, the Substance Abuse and Mental Health Services Administration (SAMHSA) has updated the regulations on the confidentiality of substance abuse treatment records found in 42 C.F.R. Part 2 (the Part 2 Regulations).

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Your Money or Your Patients: Using IT Contracts to Protect Against Ransomware Attacks

An Austrian hotel was a recent victim of a “ransomware” computer attack that disabled its electronic room key system and locked up its own computers, and this follows ransomware attacks on hospitals. These attacks demonstrate that hospital administrators should be sure that IT agreements adequately address the risks of cyberattacks. Moreover, this important lesson applies to health care institutions as ransomware causes great harm because it locks up and makes patient and other records unavailable at the very time they are required for ongoing medical care.

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Health Care Compliance Association (HCCA) Webinar: Navigating the Rest of the Iceberg - Privacy and Security Compliance Beyond HIPAA

Please join Arent Fox partners Sarah Bruno, Jade Kelly and Matthew Mills on Tuesday, February 21 from 1:00-2:30 PM Eastern for a Health Care Compliance Association webinar titled Navigating the Rest of the Iceberg: Privacy and Security Compliance Beyond HIPAA

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At PrivacyCon, Researchers Discuss Today’s New Technologies, Highlight Not-So-New Privacy and Security Issues

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Life’s a Breach - Sitting on that HIPAA Breach Notification Could Burn You

What’s the News?

On January 9, 2017, Presence Health agreed to settle with the U.S. Department of Health and Human Services (HHS) potential violations under the Breach Notification Rule of the Health Insurance Portability and Accountability Act of 1996 (HIPAA). This is HHS’ first enforcement action against a covered entity that reported a breach, but did not do so timely.

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ABOUT ARENT FOX LLP

Arent Fox LLP, founded in 1942, is internationally recognized in core practice areas where business and government intersect. With more than 350 lawyers, the firm provides strategic legal counsel and multidisciplinary solutions to clients that range from Fortune 500 corporations to trade associations. The firm has offices in Los Angeles, New York, San Francisco, and Washington, DC.