When the California Consumer Privacy Act of 2018 (CCPA) became law, it was only a matter of time before other states adopted their own statutes intending to enhance privacy rights and consumer protection for their residents. After overwhelming support in the state legislature, Connecticut is about to become the fifth state with a comprehensive privacy
“Get a Life” – Another Dentist Responds to Patient’s Online Review, This Time Faces a $50,000 OCR Penalty
It can be cathartic responding to a negative online review. It can also backfire, as can failing to cooperate with an OCR investigation as required under HIPAA.
The Office for Civil Rights (OCR) recently announced four enforcement actions, one against a small dental practice that imposed a $50,000 civil monetary penalty under HIPAA. The OCR
The RIPTA Data Breach May Provide Valuable Lessons About Data Collection and Retention
Efforts to secure systems and data from a cyberattack often focus on measures such as multifactor authentication (MFA), endpoint monitoring solutions, antivirus protections, and role-based access management controls, and for good reason. But there is a basic principle of data protection that when applied across an organization can significantly reduce the impact of a data
Does Your Cyber Insurance Policy Look More Like Health Insurance?
Over the past several years, if your organization experienced a cyberattack, such as ransomware or a diversion of funds due to a business email compromise (BEC), and you had cyber insurance, you likely were very thankful. However, if you are renewing that policy (or in the cyber insurance market for the first time), you are
Health App Alert: FTC Expands Scope Health Breach Notification Rule
The Federal Trade Commission (“FTC”) recently issued an important policy statement to health apps and other connected devices that collect or use consumers’ health information. The FTC’s policy statement effectively clarified the position that health apps and related connected devices are subject to the Health Breach Notification Rule (“the Rule”), which requires vendors of personal
OCR Speaks to HIPAA, COVID-19 Vaccinations, Privacy, and the Workplace
When use or disclosure of an individual’s health information or medical records is at issue, the assumption seems to be, much more often than not, that the HIPAA privacy and security rules apply. This has certainly been the case during the COVID-19 pandemic. Of course, it is true that in most healthcare settings, HIPAA is
Information Blocking and HIPAA’s Right to Access – Is Your Practice Compliant?
Patient record requests can be a significant administrative burden for health care providers. An OCR enforcement initiative and a new federal law give providers more reason to get this process right. We summarize these rules here.
Since the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule became effective in 2003, it
DOL Has Started to Audit Compliance with Its Cybersecurity Guidelines
In April, we posted about the U.S. Department of Labor’s (DOL) Employee Benefits Security Administration (EBSA) issuing cybersecurity guidance for employee retirement plans. That is, April 14, 2021. Shortly thereafter, the DOL updated its audit inquiries to include probing questions for plan fiduciaries about their compliance with “hot off the press” agency guidelines.
So, what
Colorado Becomes Third State To Enact a Comprehensive Privacy Law
Colorado is officially the third U.S. state to enact comprehensive privacy legislation, following California and Virginia. The Colorado General Assembly passed the Colorado Privacy Act (CPA), Senate Bill 21-109, on June 8, 2021, and Governor Jared Polis signed it into law on July 7, 2021.
The Colorado Privacy Act takes effect July 1,
Connecticut on its Way to an Enhanced Data Breach Notification Law
UPDATE: On June 16, Gov. Ned Lamont signed HB 5310 into law which becomes effective October 1, 2021.
State legislatures across the nation are prioritizing privacy and security matters, and Connecticut is no exception. This week, Connecticut Attorney General William Tong announced the passage of An Act Concerning Data Privacy Breaches, a measure that