CA AG’s Office Releases Modified Proposed CCPA Regulations

The proposed modifications provide much-needed clarity to covered businesses in advance of the enforcement deadline and show that the AG seriously considered the comments and feedback it received. This post offers a very brief summary of some of the notable changes.

Court Finds that Reasonable, Cost-Based Fee Does Not Apply to Directives to Send Records to Third Parties

Just over a week ago, a federal district court invalidated part of HHS’s 2016 guidance on the fees a covered entity can charge for patient records. The court found that HHS exceeded its authority when it declared that only a limited fee could be charged for records sent to a third party at a patient’s direction.

HIPAA Compliance Lessons From 2019 Enforcement Trends

It appears that the 2019 HIPAA enforcement year is over with a lot less fanfare (and cash) than last year but it did provide important insights into enforcement trends. *Distributed by Law360 on January 22, 2020 and included in its Health Law and Cybersecurity and Privacy Law. newsletters.

Privacy Legislation Season is Underway!

Just two weeks into the new year and at least three states already have proposed privacy legislation boasting CCPA and GDPR-like provisions. This flurry of early legislative activity is just a preview of what we are likely to see during state legislative sessions throughout the year.

A Year in Review: HIPAA Enforcement in 2019

It appears that the 2019 HIPAA enforcement year is over with a lot less fanfare (and cash) than last year. The total in settlements and penalties for 2019 is $12.2 million, which is substantially less than OCR’s highest ever total of $28.7 million just one year ago.

OCR is Making Good on Its Promise to Prioritize Right of Access Enforcement

Earlier this year, the Department of Health and Human Services’ Office for Civil Rights (OCR) announced a Right of Access Enforcement Initiative, which would focus on ensuring that patients were getting timely access to their records without being overcharged. Prior to this announcement, enforcement actions against providers for denying a patient the proper right of access were rare. Since announcing the initiative, OCR has swiftly pursued claims resulting in two settlements within months of each other.