Category Archives: Health Privacy

The Pixel Problem Part 2: Tracking Technologies and OCR’s Revised Guidance

In December 2022, the Department of Health and Human Services’ Office for Civil Rights (OCR) released “guidance” on the use of tracking technologies, which took an overboard approach to the use of basic website analytics tools (2022 Guidance).  Courts criticized OCR’s 2022 Guidance, and last fall, the American Hospital Association sued OCR, alleging agency overreach. […]

Part III: Changes to 42 CFR Part 2 –Enforcement Like Never Before

Buckle up.  The 42 CFR Part 2 enforcement ride is about to begin.  In the 2020 CARES Act, Congress directed that the civil and criminal penalties under the Health Insurance Portability and Accountability Act (HIPAA) apply to the federal regulations protecting substance use disorder (SUD) records. The Department of Health and Human Services (HHS) issued […]

Part II: Changes to 42 CFR Part 2 – Alignment with HIPAA

As discussed in Part I of this series, Congress amended the federal law protecting the confidentiality of substance use disorder (SUD) records as part of the 2020 CARES Act and directed the Department of Health and Human Services (HHS) to revise the related regulations at 42 CFR Part 2.  Congress’s goal was to align the […]

Part I: Changes to 42 CFR Part 2 – The Single Consent for Treatment, Payment and Healthcare Operations

In the 2020 Coronavirus Aid, Relief, and Economic Security Act (CARES Act), Congress amended the federal law protecting the confidentiality of substance use disorder (SUD) records to facilitate the coordination of care in an effort to combat the opioid epidemic.  It also directed the Department of Health and Human Services (HHS) to revise the related […]

Connie: Update and What to Expect in 2024

It’s been quite the year!  Last year’s blog post on Connie was subject to five revisions between December and April, reflecting the challenges of gathering accurate information about Connecticut’s Health Information Exchange and its operation.  Fortunately, there are some promising updates to share. Early 2023 The start of 2023 was marked by confusion and frustration […]

Consumer Health Data Protections Added to CT’s Data Privacy Act

One year after Connecticut became the fifth state in the nation to adopt a consumer data privacy law, the state Legislature emerges again as a data privacy leader by adding protections for consumer health data and minors to the Connecticut Data Privacy Act (“CTDPA”).  With unanimous votes in the state House and the Senate, An […]

Proposed Changes to the Narrow Health Breach Notification Rule Would Create a Broad Consumer Health Data Privacy Rule

On May 18, 2023, the day after the Federal Trade Commission (FTC) announced only its second enforcement action under the Health Breach Notification Rule (HBNR) in 13 years, it released proposed changes to “strengthen and modernize” the rule.  Those proposed changes will substantially expand the scope of the HBNR.  Congress, however, never intended that the […]

A Purpose-Driven Approach: OCR Offers an Elegant Solution to Protect Reproductive Health Records in its Proposed Changes to HIPAA

Earlier this year, we learned that the U.S. Department of Health & Human Services’ (HHS) Office for Civil Rights (OCR) would propose changes to HIPAA to protect reproductive health information in the wake of the 2022 Dobbs v. Jackson Women’s Health Organization decision.  Since learning about the impending proposal, many of us speculated on OCR’s […]

Telehealth, Privacy and The Three Little Pigs: The Final Episode

Written in collaboration with Melissa Chaplik, JD Candidate 2024 The COVID-19 Public Health Emergency (PHE) is ending on May 11, 2023, and so are HIPAA compliance flexibilities for telehealth. Here’s to hoping that the first two episodes of Telehealth, Privacy and The Three Little Pigs inspired action.  In the first episode, I warned: Telehealth is […]

OCR’s Focus on Dentists Continue: Dentist Pays for Responding to On-Line Reviews

No one likes receiving negative reviews on Yelp.  But healthcare providers need to exercise better restraint than a dentist who will pay $23,000 to the Department of Health and Human Services’ Office for Civil Rights (OCR) to settle claims that his responsive posts violated HIPAA. OCR received a complaint that New Vision Dental (NVD) continuously […]