By: Sarah Cronan Spurlock and Jennifer Henry Jackson In response to the unprecedented public health emergency presented by COVID-19, the Department of Health and Human Services, Office for Civil Rights (OCR), responsible for enforcing the HIPAA Privacy, Security, and Breach Notification Rules, issued a notification of enforcement discretion for telehealth remote communications effective immediately. The…
HIPAA’s privacy rule exceptions in light of COVID-19
By Lisa English Hinkle While the HIPAA Privacy Rule protects the privacy of patients’ health information (PHI), it is balanced to ensure that appropriate uses and disclosures of the information still may be made when necessary to treat a patient, to protect the nation’s public health and for other critical purposes. First, it is important…
Expanded definition of business associate
The Final Rule holds business associates directly liable for violations previously only applicable to covered entities. by Christina Anderson, Thomas Anthony, Chad Eckhardt, Charles Johnson This is part four of our four-part series focusing on the HIPAA Final Rule’s impact on business associates and those doing business with business associates. Like Proposed Rule, the Final Rule expands the definition of business associate to include subcontractors of…
Incorporating GINA definitions into the HIPAA Privacy Rule
Final Rule includes certain definitions, terminology relating to genetic health information. By Christina Anderson, Thomas Anthony, Chad Eckhardt, Charles Johnson This is part three of a four-part series focusing on the HIPAA Final Rule’s modification of the Privacy Rule to address genetic health information under the Genetic Information Nondiscrimination Act (“GINA”). In issuing the Final Rule, the department of Health and Human Services (HHS)…
Proceed with caution
Delaware court ruling impacts confidentiality agreements and merger and acquisition negotiations. Merger and acquisition (M&A) activity in the healthcare field, including the long-term care sector, has been strong, with high reported deal volume and values. The dynamic created by healthcare reform in the U.S. is certainly a major force behind the move to greater consolidation,…