New OCR Guidance on Online Tracking Offers Little Relief: Kristen Rosati & Erin Dunlap Share Tips for Healthcare Organizations Navigating Legal Risks

It’s no secret that the use of Meta Pixels and other online tracking opens organizations up to legal risk, especially in the health care industry. Despite ongoing litigation against the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR), OCR did not significantly modify its online tracking guidance, and there is no immediate regulatory relief in sight for the health care industry. In the latest Coppersmith Brief, Kristen Rosati and Erin Dunlap outline the significant regulatory, litigation and financial risks faced by health care entities when using online tracking. They also explain three modifications to OCR’s guidance, regarding whether IP addresses are PHI, the use of Customer Data Platforms, and the need to consider online tracking in the security risk analysis and...

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Eight of our lawyers are recognized in the 2023 edition of Chambers USA

Chambers USA Recognizes Coppersmith Brockelman in 2023 Legal Rankings

We are proud to announce eight of our lawyers are recognized in the 2023 edition of Chambers USA. The annual guide to the nation’s leading attorneys and law firms also ranked our attorneys for their expertise in Labor & Employment, Litigation: General Commercial, and Healthcare practice areas. 2023 Chambers USA nationally recognized attorneys: Kristen Rosati, Privacy & Data Security: Healthcare Individual attorneys recognized for their expertise in Arizona: Keith Beauchamp, Litigation: General Commercial Kent Brockelman, Labor & Employment Jill Chasson, Labor & Employment John DeWulf, Litigation: General Commercial Erin Dunlap, Healthcare Karen Owens, Healthcare Kristen Rosati, Healthcare Mel Soliz, Healthcare “We are enormously proud of the attorneys and practice groups who have been honored this year, and of the entire firm for working tirelessly to provide our clients...

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Erin Dunlap

Erin Dunlap Explains What the American Data Privacy & Protection Act Would Mean for Businesses in AZ Big Media

While Congress is considering the American Data Privacy and Protection Act (ADPPA), which is a comprehensive federal data privacy bill, AZ Big Media turned to Erin Dunlap for insight into what businesses can expect if the act is signed into federal law. Erin noted current federal data privacy laws lack broad applicability to today’s digital data landscape. While a number of states have passed consumer data privacy laws, the ADPPA would create national standards for personal information collected by companies and grant individuals more control over the use and disclosure of their personal information. Because ADPPA would apply to many businesses whose data practices have not been regulated at the federal level (or at all) in the past, Erin discussed the need for companies to consider the...

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Erin Dunlap Provides Insight on Overturned HIPAA Penalty for Healthcare Risk Management

Erin Dunlap Discusses Recognized Security Practices for Complying with HIPAA Safe Harbor Law in Healthcare Risk Management

Although the 2021 HR 7898 HIPAA Safe Harbor law grants entities some protection against hefty HIPAA penalties, there are security nuances that risk managers and compliance officers must consider. Erin Dunlap provided Healthcare Risk Management with insight into how organizations can leverage security and risk management practices to reduce penalties from HIPAA-related investigations. HIPAA-covered entities have some flexibility in determining their recognized security practices, but Erin recommended they consider the NIST framework and HHS cybersecurity guidance for healthcare entities. Organizations that can show compliance with these industry-recognized standards and approaches in the previous 12 months may see a favorable termination of an investigation or may be granted leniency toward fines and penalties by the U.S. Department of Health and Human Services, Office for Civil Rights. With a...

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Erin Dunlap Provides Insight on Overturned HIPAA Penalty for Healthcare Risk Management

Erin Dunlap Guides Healthcare Risk Management Readers Through Revising HIPAA Patient Access Policies If Proposed Changes are Finalized

Following proposed changes to the HIPAA Privacy Rule from the U.S. Department of Health and Human Services (HHS) that left health plans and covered healthcare providers wondering how to prepare, Healthcare Risk Management turned to Erin Dunlap for insight. Explaining that patient access will be a key area of focus, Erin outlined eight ways patient access policies will need to be revised if HHS finalizes the changes. Erin also noted that revisions to a covered entity’s notice of privacy practices will also be necessary if the changes are finalized and urged plans and providers to prepare and budget for significant policy work and training. A nationally recognized expert in health care data privacy and security, Erin regularly advises organizations working in the health care space on a...

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Erin Dunlap Provides Insight on Overturned HIPAA Penalty for Healthcare Risk Management

Erin Dunlap Provides Insight on Overturned HIPAA Penalty for Healthcare Risk Management

When the Fifth U.S. Circuit Court of Appeals overturned a $4.3 million civil monetary penalty imposed on the University of Texas M.D. Anderson Cancer Center by the U.S. Department of Health and Human Services (HHS), Healthcare Risk Management asked health care data privacy attorney Erin Dunlap to explain how the decision may impact HIPAA covered entities and business associates. Erin called the decision a “game changer,” particularly in how entities subject to HIPAA will view HIPAA’s encryption rule, evaluate a loss of protected health information (PHI) and engage with HHS in setting investigations.  Erin specifically highlighted the Fifth Circuit’s position that the encryption specification was not a strict liability rule and perfection or ‘bulletproof protection’ is not the standard.  This is helpful for HIPAA covered entities...

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