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OCR Issues Further Guidance on Electronic Media and Devices

The US Department of Health and Human Services’ Office of Civil Rights published its August 2018 cybersecurity newsletter focusing on security considerations in the receipt, removal, and movement of electronic…

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HHS Reveals Top HIPAA Enforcement Areas

The Department of Health and Human Services’ Office of Civil Rights recently published its cumulative enforcement results since the enactment of the HIPAA Privacy Rule in 2003. As of July…

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Sanitize Your Media or Face a Breach: OCR Cybersecurity Guidance Signals Importance of Proper Device and Media Disposal

Health care providers are data collectors. But what about when it comes to data disposal? The federal government recently identified risks in disposing of electronic devices and media in a…

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OPWDD Issues Proposed Telehealth Regulations

On July 25, 2018, the Office for People With Developmental Disabilities released proposed regulations that expand the use of telehealth services for individuals with developmental disabilities. Under the regulations, licensed…

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New NYS Drug Take Back Act Signed Into Law

On July 10, 2018, the Drug Take Back Act was signed into law in New York State. This act requires pharmaceutical manufacturers to finance and manage the safe collection and…

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NY Court Confirms Occupational Health Providers Need Not Disclose Results to Examinees

Physicians who perform medical examinations for employers often question the extent to which they must inform the employee of the findings of their examinations. Recently, a New York appellate court…

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NYS Warns Insurers About Discrimination Against Individuals Taking HIV PrEP

The NYS Department of Financial Services recently issued a letter warning insurers against discrimination when underwriting for New Yorkers using HIV prevention medication, specifically, pre-exposure prophylaxis (PrEP). The warning was…

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Proposed Regulations Add Protections for Transgender Individuals

On June 24, 2018, Governor Cuomo directed the NYS State Department of Health to revise its regulations to provide additional protections for transgender patients. The proposed regulations amend Part 405…

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Counting Calories: New FDA Rule on Menu Labeling Takes Effect

On May 7, 2018, the new Food & Drug Administration (FDA) menu labeling final rule went into effect, requiring “covered establishments” (restaurant and retail food chains with 20 or more…

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New York Has a New “Discovery Rule” for Medical Malpractice Actions Involving Cancer

Effective January 31, 2018, New York State adopted a new discovery rule applicable to medical malpractice lawsuits arising from the alleged failure to diagnose cancer or a malignant tumor. The…

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