Haley Bavasi

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Overview

The U.S. Department of Health and Human Services Office for Civil Rights (HHS-OCR) has announced proposed modifications to the Health Insurance Portability and Accountability Act (HIPAA) Security Rule (the Proposed Rule). The Proposed Rule was published in the Federal Register for comment on January 6, 2025. It aims to strengthen the security and privacy of electronic protected health information (ePHI) in response to the evolving threat landscape and emerging technological challenges. If finalized as proposed, the Proposed Rule will have significant implications for healthcare organizations, their business associates, and other entities subject to HIPAA compliance requirements (the “regulated entities”). This alert represents the first in a multipart series outlining the most pertinent of the proposed rules and the potential implications for regulated entities.Continue Reading HHS-OCR Announces Proposed Modifications to the HIPAA Security Rule

On March 18, 2024, the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) updated its guidance on the use of online tracking technology by covered entities regulated by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and their business associates (together, “regulated entities”). While the updated guidance from OCR seems intended to clarify, and even narrow, the circumstances under which regulated entities’ use of websites and mobile app tracking technologies constitutes a disclosure of Protected Health Information (PHI), it fails to provide clarity on the exact scope, rendering compliance challenging. We summarize the updates to the guidance below and analyze briefly how these updates may impact the use of tracking technologies on unauthenticated and authenticated webpages, and what companies may explore in terms of compliance.Continue Reading OCR at HHS Updates Guidance on Use of Online Tracking Technology by HIPAA-Regulated Entities

On July 20, 2023, the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR) and the Federal Trade Commission (FTC) sent a joint letter to approximately 130 hospitals, telehealth providers, health app developers, and other healthcare industry companies warning of the “serious privacy and security risks” related to the use of online tracking technologies integrated into their websites and mobile apps. The FTC released a press release about the joint letter here and OCR released a press release about the joint letter here.Continue Reading OCR and FTC Issue Joint Letter to Healthcare Companies Warning About Online Tracking Technologies

On June 16, 2023, the Federal Trade Commission (FTC) announced a proposed settlement agreement (in the form of a stipulated order) with genetic testing company Vitagene, Inc., now known as 1Health.io (1Health.io), for allegedly misrepresenting its security and privacy practices regarding its data storage, deletion, and usage. The FTC also alleged that the company unfairly changed material privacy policy disclosures without obtaining affirmative consumer consent.Continue Reading FTC Announces Proposed Settlement with 1Health.io Genetic Testing Firm for Privacy and Security Violations

On May 17, 2023, the Federal Trade Commission (FTC) announced a proposed settlement agreement (in the form of a stipulated order)1 with Easy Healthcare Corporation, which operates the Premom fertility tracking app (Premom). The…

Continue Reading FTC Announces Proposed Settlement with Premom Fertility Tracking App for Privacy Practices