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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Business Associates Beware! HHS Levies First HIPAA Fines on Business Associate

On June 24, 2016, the non-profit Catholic Health Care Services of the Archdiocese of Philadelphia (CHCS) agreed to settle potential violations of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Security Rule with the U.S. Department of Health and Human Services (HHS). This is HHS’ first resolution agreement and monetary penalty against a business associate (BA) under HIPAA.
 

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Strategic Prespectives: Risks in Health Care IT Agreements and Recommendations to Avoid Them

* This article was originally published by Health Law Daily

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Beware of Ransomware, Or the Bad Guys Could Hold Your Devices and Data Hostage

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Approval of Privacy Shield Provides Framework for Transfer Personal Data between the US and EU

What’s New?

After months of negotiations, it’s official: the EU-US Privacy Shield has been formally approved on both sides of the Atlantic, by the EU Commission and the US Commerce Department, despite concerns surrounding the adequacy of its earlier version.

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IT Systems Put Security into Health Care Cybersecurity

*This article was originally published by The Journal of Health Care Compliance.

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OCR’s HIPAA Guidance on Ransomware Expands Traditional Interpretation of “Breach”

On Monday, July 11, 2016, the Office for Civil Rights (OCR) released a fact sheet with guidance for covered entities and business associates on HIPAA and ransomware.

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What Do Self-Driving Cars and Your Heart Monitor Have in Common? The Same Questions About Cybersecurity.

Arent Fox partner Sarah Bruno recently published a very interesting alert on new privacy and cybersecurity challenges facing the automotive industry in the age of autonomous vehicles, syncing software, and wearable devices that interact with your vehicle.

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White House Releases Health Initiative Data Security Framework

On May 25, 2016, the White House released its much anticipated Data Security Policy Principles and Framework (Security Framework) for President Obama’s Precision Medicine Initiative (PMI). The PMI is aimed at pioneering a new model of patient-powered research to improve health and treat disease, which takes into account individual differences in people’s genes, environments, and lifestyles.
 

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New OCR HIPAA Audit Protocol Can Assist Providers with Preparing for Phase 2 Audits

As previously discussed on this blog (see here and here), the Office for Civil Rights (OCR) recently began its second round of audits of covered entities and business associates for compliance with the HIPAA Privacy Rule, Security Rule, and Breach Notification Rule (the “Phase 2” audits).  Notably absent from the launch of Phase 2 was the release of the updated audit protoc

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Heading for the Breaches: California Recommends Data Security Measures

The California Office of the Attorney General (OAG) recently released a report detailing a comprehensive analysis of the data breaches reported to the OAG between 2012 and 2015. Fifty million records of Californians were reportedly breached during those four years. The report acknowledges that security is a challenging endeavor for organizations, but points out that many of the breaches reported could have been prevented by taking reasonable security measures.
The report provides the following key recommendations for businesses:

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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.