On July 20, 2023, the Office for Civil Rights (“OCR”) of the U.S. Department of Health and Human Services (“HHS”), and the Federal Trade Commission (“FTC”) published a joint letter sent to approximately 130 hospital systems and telehealth providers. The FTC/OCR letter warns that certain online tracking technologies that “may be present” on the recipients’ […]
Health Privacy
HHS and FTC Expanding Technology, Privacy, and Cybersecurity Divisions
In recent weeks, FTC and HHS have announced expansion of the operational areas of their organizations that are dedicated to enforcement of laws and regulations related to technology, privacy, and cybersecurity. On February 17, 2023, the FTC announced the creation of a new Office of Technology in order to “strengthen the FTC’s ability to keep […]
Fifth Circuit Decision Raises Cyber Enforcement Complications for the U.S. Department of Health and Human Services
As the Biden administration begins detailing its regulatory and enforcement priorities, it faces a new challenge on the health data privacy and security front. In University of Texas M.D. Anderson Cancer Center v. United States Department of Health and Human Services, No. 19-60226 (5th Cir. 2021), the Fifth Circuit vacated a $4.3 million penalty against […]
New Law Requires HHS to Consider Recognized Security Practices as Mitigating Factor When Determining Penalties
On January 5, 2021, the president signed into law H.R. 7898, an Act that amends the Health Information Technology for Economic and Clinical Health (HITECH) Act to require the Secretary of Health and Human Services (HHS) to consider specific recognized security practices of covered entities and business associates when making certain determinations regarding fines, penalties, […]
California Mandates COVID Exposure and Outbreak Reporting to Employees, Government Agencies
On Thursday, September 17, 2020, California Governor Gavin Newsom signed Assembly Bill 685 (“AB685”) into law. AB685 amends a number of portions of California’s Labor Code to address the COVID-19 pandemic. In addition to provisions that regulate reopening activities at California worksites, AB685 introduces two new COVID-related notification obligations for California employers: (1) a requirement […]