In this third post on the forthcoming HIPAA/HITECH regulations, we will discuss potential modifications to the rules regarding authorization for future research. In earlier posts, we covered the Department of Health and Human Service’s (HHS) proposed treatment of communications about currently prescribed drugs and remunerated treatment communications. Future Research In the proposed rule issued
February 2011
HIPAA/HITECH Regulations are Coming: What do Pharmaceutical Companies Need to Know? (Part 2 of 5)
This is the second in our series on provisions of the HHS proposed rule implementing the HITECH Act that, if included in the final rule, are likely to have the greatest impact on the business operations of pharmaceutical and other life sciences companies. We previously covered HHS’s proposed treatment of refill reminders and other communications…
Roundtable, Commissioner Brill Discuss Preliminary FTC Staff Report
We have previously reported on the Federal Trade Commission’s December 2010 preliminary staff report, “Protecting Consumer Privacy In An Era of Rapid Change.” With the February 18, 2011 extended deadline to comment on the report quickly approaching, the Berkeley Center for Law & Technology held a roundtable on Browser Privacy Mechanisms last week. …
Additional Briefs Filed in ABA-FTC Red Flags Litigation
By Mike Nonaka
We covered in a previous post ongoing litigation in the D.C. Circuit between the American Bar Association and Federal Trade Commission over the scope of the FTC’s Red Flags rule. On January 20, 2011, the FTC filed a supplemental brief analyzing the impact of the recently-enacted Red Flag Program Clarification Act of 2010 on the…
HIPAA/HITECH Regulations are Coming: What do Pharmaceutical Companies Need to Know? (Part 1 of 5)
As we previously reported, the Office for Civil Rights within the Department of Health and Human Services (HHS) has indicated that the final rule implementing changes to the HIPAA regulations under the HITECH Act will be issued in March. The proposed rule, released last July, contains sweeping changes to the privacy, security, and…
FTC Issues Guidance on Medical Identity Theft
The Federal Trade Commission recently posted a frequently asked question designed to remind health care providers and health plans of their obligations when they become aware of medical identity theft. The FAQ describes medical identity theft as occurring “when someone uses another person’s name or insurance information to get medical treatment, prescription drugs or surgery. It…
Ringleader Agrees to Settle Privacy Suits
Ringleader Digital — an online advertising firm specializing in the mobile market — has agreed to settle two putative class actions that were filed against it last fall. The plaintiffs alleged that Ringleader violated the federal Computer Fraud and Abuse Act, 18 U.S.C. § 1030, as well as various state privacy and consumer protection laws, by using HTML5 software to…
HHS Sends to OMB Rule Expanding HIPAA Disclosure Requirement
On February 9, the Department of Health & Human Services (HHS) sent to the Office of Management and Budget (OMB) a proposed rule to implement the requirement in the Health Information Technology for Economic and Clinical Health (HITECH) Act that individuals be given an expanded accounting of disclosures of protected health information (PHI) contained in…
California Supreme Court: Retailers May Not Request ZIP Codes During Credit Card Transactions
In a decision with implications for all California retailers, the California Supreme Court ruled [PDF] yesterday that a customer may not be asked to provide his or her ZIP code during an in-person credit card transaction. At issue in Pineda v. Williams-Sonoma Stores, Inc. was the scope of California’s Song-Beverly Credit Card Act of 1971, Cal. Civ.…
Kerry, Rush, Speier to Introduce Privacy Legislation
The pace of privacy legislation at the federal level has begun to pick up, with news that Senator John Kerry (D-MA) and Representative Bobby Rush (D-IL) both will introduce comprehensive privacy bills in the coming days or weeks.
In discussing Senator Kerry’s proposal, staff have suggested that it will build on the three key privacy…