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Update to the inVentiv/Adheris lawsuit against HHS over prescription refill reminder programs

Posted on September 11, 2013 by Dissent

There’s an update to a lawsuit I mentioned the other day. The parties have filed a joint motion to suspend the schedule for briefing and motion for an injunction as HHS has agreed not to enforce the guidelines starting September 23 and to issue guidance. The key paragraphs of the joint motion: Following that telephonic…

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HHS Readies HIPAA Rule to Keep Mentally Ill from Buying Guns

Posted on September 11, 2013 by Dissent

The HHS Office for Civil Rights has sent to the Office of Management and Budget a proposed rule to lift legal barriers related to the HIPAA privacy rule that may prevent states from reporting mental health information to the National Instant Criminal Background Check. […] * “If an individual is prohibited from purchasing a firearm…

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Lawsuit against HHS seeks overturn of restriction on refill reminder programs, cites Sorrell

Posted on September 9, 2013 by Dissent

I came across this press release from inVentiv Health and think it’s of interest because of the intersection of privacy and protected speech: Adheris, Inc., an inVentiv Health company, filed suit today against the U.S. Department of Health and Human Services, asking a federal court to enjoin the government from implementing a new regulation that…

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Illinois: Ford's Bill Protecting Privacy of HIV-Positive Students Signed Into Law

Posted on September 5, 2013 by Dissent

Legislation introduced by State Representative La Shawn K. Ford (D-Chicago) which protects the privacy of students who have HIV was signed into law today by Governor Pat Quinn. Previously, if a student was infected with HIV, the Illinois Department of Public Health or a local health department was required to report the student’s HIV status…

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Legal Issues in Keeping Patient’s Credit Card Information on File

Posted on September 3, 2013 by Dissent

Scott F. Roberts briefly overviews the HIPAA, PCI-DSS, and FTC risks physicians may run if they store patients’ credit card data. Read more on National Law Review.  

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North Dakota amends breach notification law to include medical information

Posted on September 3, 2013 by Dissent

V. John Ella writes: North Dakota has amended its data breach notification law to include “medical information” and “health insurance information.” See N.D. Century Code, Section 51-30-01.  Amendments to the law also provide an exemption for HIPAA  covered entities, business associates, or subcontractors so long as they are in compliance with breach notification requirements under title 45, Code…

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