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This advisory discusses a Centers for Medicare & Medicaid Services (CMS) Proposed Rule (the “Proposed Rule”) that sets forth the requirements for eligible professionals (EPs) and eligible hospitals to be considered meaningful users of electronic health records (EHRs) and, thereby, qualify for EHR incentive payments. The Health Information Technology for Economic and Clinical Health (HITECH) […]

This advisory discusses an FTC-issued Notice of Proposed Rulemaking (the “Proposed Rule” or the “Health Breach Notification Rule”) requiring vendors of personal health records (PHR) and related entities to notify individuals when the security of their individually identifiable health information is breached. The Proposed Rule establishes a new Part 318 of Title 16 of the […]

In light of the significant changes taking place with the new Obama Administration and the new Congress, this advisory outlines some of the key legislative issues the Alston & Bird Legislative and Public Policy Group expects to be considered over the next two years. The advisory is provided in PDF on the Alston & Bird […]

This advisory announces that the Federal Trade Commission (FTC) has suspended enforcement of the new “Red Flags Rule” until May 1, 2009. This suspension gives creditors and financial institutions additional time to develop and implement written identity theft prevention programs. The advisory is provided in PDF on the Alston & Bird web site: http://www.alston.com/healthcare_ftc_suspends_red_flags_rule_compliance

This advisory summarizes selected state legislative and regulatory developments regarding corporate data privacy and security obligations. A series of new laws and regulations enacted in recent months require, among other things: (a) encryption of personal information on laptops, PDAs and portable media, including flash drives; (b) encryption of personal information transmitted over the Internet; (c) […]