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OIG Issues Final Information Blocking Enforcement Rule and Highlights the Potential for Referrals to the FTC and FCA Liability

On June 27, 2023, the Office of Inspector General (“OIG”) for the U.S. Department of Health and Human Services (“HHS”) released its final rule (“Final Rule”) implementing penalties for information blocking. The Final Rule codifies the prohibition on “information blocking” introduced by the 21st Century Cures Act (“Act”), which was enacted on December 13, 2016. In the...



Fri, 11 Aug 2023 18:53:23 +0000


FTC and OCR Unite to Safeguard Hospital and Telehealth Data from Online Tracking Threats

On July 20, 2023, the Federal Trade Commission (“FTC”) and the Office for Civil Rights of the United States Department of Health and Human Services (“OCR”) announced that they had sent a warning letter to about 130 hospital systems and telehealth providers, alerting them about the risks and concerns of using online tracking technologies, such...



Mon, 24 Jul 2023 19:12:25 +0000


Going Beyond HIPAA – Washington Health Privacy Law Enacted: Broad Reach, Amorphous Scope, Big Litigation Risk

The Health Information Portability and Accountability Act (“HIPAA”) has long been described as the floor for health care privacy laws and that states and regulators are free to enact more restrictive health care privacy laws. Last week, Washington state became the first state in the nation to codify into law broad protections for consumer health...



Mon, 01 May 2023 17:01:18 +0000


FTC’s One-Two Punch on Data Tracking and Health Privacy

On March 2, 2023, the Federal Trade Commission (FTC) announced that it had reached a $7.8 million settlement with mental health and online counseling platform, BetterHelp, Inc. (“BetterHelp”). The FTC alleged that BetterHelp shared  consumers’ sensitive health data combined with other personal information (PI) with third party advertising platforms without first obtaining affirmative consent and...



Fri, 03 Mar 2023 19:08:10 +0000


HHS Bulletin: Covered Entities’ Disclosure of PHI Collected via Online Tracking Technologies Falls under HIPAA

On December 1, 2022, the Office for Civil Rights (OCR) of the U.S. Department of Health and Human Services (HHS) issued a Bulletin to highlight the obligations of HIPAA-covered entities and business associates when using “online tracking technologies,” or what OCR describes as “script or code on a website or mobile app used to gather information...



Wed, 14 Dec 2022 15:54:43 +0000

Latest Top (5) News

Latest Top (5) News