HIPAA

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By Yumna Khan, Jesse M. Coleman, and Brandon L. Bigelow

Seyfarth Synopsis: On April 26, 2024, the Federal Trade Commission (“FTC”) announced it had finalized changes to modernize the Health Breach Notification Rule (the “HBNR”) by clarifying its applicability to health and wellness apps and other similar technologies—effectively expanding the information Covered Entities must provide to consumers when…

Continue Reading Keeping with the Times – FTC Expands Scope of Health Breach Notification Rule, Even as HHS Announces Its Own HIPAA Update

By Benjamin J.Conley and Diane V. Dygert

Seyfarth Synopsis: As employers continue to struggle with strategies for safely re-opening their workplaces, we have previously discussed the possibility of mandating a vaccine or providing incentives for getting the vaccine. See Did You Get Your Vaccine Yet… Your Employer May Offer You an Incentive, and Employers’ Mandating the COVID-19 Vaccine …
Continue Reading Anti-Vax Tax Facts Legal Considerations for Premium Differentials Based on Vaccination Status

By Brent I. Clark, Erin Dougherty Foley, and Craig B. Simonsen

Seyfarth Synopsis: DOT has withdrawn its rulemaking on safety sensitive positions in highway and rail transportation.

This week the U.S. Department of Transportation has withdrawn its March 10, 2016 Advance Notice of Proposed Rulemaking (ANPR) on the Evaluation of Safety Sensitive Personnel for Moderate-to-Severe Obstructive Sleep…
Continue Reading DOT Backs Away From Rulemaking on “Safety Sensitive Positions” in Highway and Rail Transportation

By Karla Grossenbacher and Selyn Hong

Synopsis: Wearable device data may be the next big thing in the world of evidence for employment cases. Given the nature of the information captured, it is easy to see how this type of data may be relevant to claims of disability discrimination, workers’ compensation and even harassment

Wearable device data may be the…
Continue Reading Wearable Device Data In Employment Litigation

By Erin Dougherty Foley, Brent I. Clark, Ilana R. Morady and Craig B. Simonsen

The U.S. Department of Transportation has published an Advance Notice of Proposed Rulemaking (ANPR) on the Evaluation of Safety Sensitive Personnel for Moderate-to-Severe Obstructive Sleep Apnea, 47 Fed. Reg. 12642 (March 10, 2016).

The ANPR is directed at individuals occupying “safety sensitive positions” in…
Continue Reading DOT Proposes Rulemaking on “Safety Sensitive Positions” in Highway and Rail Transportation

By Jonathan D. Karelitz and Craig B. Simonsen

The Health Insurance Portability and Accountability Act of 1996 (HIPAA), Public Law 104-191, contains extensive rules designed to limit access by non-health plan entities to certain individually identifiable health information (collectively referred to as the “Privacy Rule”).

The Privacy Rule contains a number of exceptions for when protected health information…
Continue Reading HHS Fact Sheet on Your Employees’ and Clients’ Rights under HIPAA to Access their Health Information