BizTech Law Blog

HIPAA Compliance Considerations During the Pandemic

This article has been updated with new information since it was originally published on November 16, 2020.

As health care providers continue to face new challenges relating to the COVID-19 pandemic, it is important for providers to maintain compliance with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). Although the Department of Health and Human Services Office for Civil Rights (“OCR”) has loosened some requirements to allow health care providers flexibility during the COVID-19 pandemic, a majority of the patient protections under the HIPAA Privacy Rule have remained intact. Read More ›

Categories: Compliance, Cybersecurity, Electronic Health Records, HIPAA

Posted by: Julie LaVille Hamlet

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Health Care Providers Face Growing Ransomware Risks, and Potential Sanctions for Paying Ransom

As if COVID-19 wasn’t enough of a challenge for many struggling hospitals and health care systems, there is another growing threat they must guard against: cyberattacks.

On October 28, 2020, the FBI, Department of Health and Human Services, and Cybersecurity and Infrastructure Security Agency issued a report warning of "an increased and imminent cybercrime threat" to U.S. hospitals and health care providers. Read More ›

Categories: Cybersecurity, Electronic Health Records, Hospice, Hospitals

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New Safe Harbor Announced for Electronic Disclosures Required by ERISA

For more articles from the June 2020 Issue of Business & Tax Law News, click here.

The Employee Retirement Income Security Act of 1974 (“ERISA”) and its applicable regulations require a plan administrator to provide a number of notices to plan participants. For example, an ERISA plan administrator must provide to all plan participants a Summary Plan Description (“SPD”) that provides an overview of plan terms. Additionally, a plan administrator must provide a Summary of Material Modifications (“SMM”) to plan participants every time it makes certain changes to the plan. Read More ›

Categories: Electronic Health Records, Employee Benefits

Posted by: Amanda J. Dernovshek, Julie LaVille Hamlet, Mindi M. Johnson

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Michigan Marijuana Retailers: Data Privacy and Cybersecurity Risks

More than 30 states have legalized medical marijuana and more than 10 have legalized marijuana for recreational use, including Michigan in a 2018 ballot proposal. Marijuana retailers have significant issues to address as the industry and the rules governing it mature over time. Among those issues, retailers should not overlook data privacy and cybersecurity issues.   Read More ›

Categories: Cybersecurity, Electronic Health Records, HIPAA

Posted by: Amanda J. Dernovshek, Taylor A. Gast, Julie LaVille Hamlet

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Cybersecurity Concerns in Health Care

Health care systems are eager to adapt to newer technology and widespread network options, all in the name of giving patients the best possible care. However, this comes with a price: more outlets for hackers to breach valuable data.  Read More ›

Categories: Cybersecurity, Electronic Health Records

Posted by: Taylor A. Gast, Julie LaVille Hamlet, Caroline Renner (Summer Associate)

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HHS Office for Civil Rights Publishes Checklist for HIPAA Covered Entities Responding to Cybersecurity Incidents

The U.S. Department of Health and Human Service's Office for Civil Rights ("OCR") recently published guidance for entities covered by HIPAA, entitled "My entity just experienced a cyber-attack! What do we do now?" Read More ›

Categories: Cybersecurity, Digital Assets, Electronic Health Records, Fraud & Abuse, HIPAA

Posted by: Taylor A. Gast

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