Amita Sanghvi & Kristen Rosati Explain What Reproductive Privacy Ruling Means for Covered Entities

The U.S. District Court for the Northern District of Texas recently issued a nationwide injunction, vacating a federal rule that strengthened HIPAA privacy protections for reproductive health care information. While the decision eases compliance burdens for covered entities, it also removes the legal shelter the rule had provided around disclosures of sensitive reproductive health care data. In the latest Coppersmith Brief, “Federal Judge Vacates HIPAA Reproductive Health Care Privacy Rule," Amita Sanghvi and Kristen Rosati break down the court’s reasoning and explore the implications for HIPAA-covered organizations moving forward. Advising clients on health data privacy, cybersecurity, and digital health innovation, Amita served as a senior attorney at the U.S. Department of Health and Human Services (HHS) before returning to private practice. During her time at HHS, she...

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Kristen Rosati Talks Data Strategy for Digital Health Companies at the American Telemedicine Association Annual Meeting

“Big Data” attorney Kristen Rosati spoke on a panel at the American Telemedicine Association’s Annual Conference, Nexus, on the pros and cons of moving direct-to-consumer functions within the HIPAA-regulated functions of a company. In the presentation, “The Cutting Edge of Digital Health Privacy Law,” Kristen spoke to the big shift in digital health companies’ approach to HIPAA compliance. While many digital health companies tried to avoid HIPAA in the past, the explosion of state consumer data privacy laws have started to change that calculus because all state laws to date have HIPAA exemptions. Kristen explained that complying with HIPAA reduces the complexity of compliance processes, and offers exemption from the Federal Trade Commission (FTC) health breach reporting rule, which has more stringent reporting obligations than HIPAA. Kristen...

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Attorney Katherine Hyde Lends Insights on Prepping for HIPAA Changes in Healthcare Risk Management

Though the proposed modifications to HIPAA have been delayed until 2024, it’s crucial for covered entities to be well prepared before changes become official. To provide expert insights on changes designed to boost transparency and collaboration in the healthcare sector, Healthcare Risk Management turned to Katherine Hyde to comment on the upcoming changes.    In the article, “Plan Now for Eventual HIPAA Changes,” Katherine explained what important modifications to expect— the final rule will likely expand support for care coordination and case management, and it’s expected to strengthen individuals’ right of access to PHI. Some other changes would reduce the burden on covered entities as well.   When the Department of Health and Human Services finalizes the proposed modifications, covered entities will need to review their compliance policies...

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Attorneys Kristen Rosati and Nate Kunz

Kristen Rosati & Nate Kunz Share Insights with the Arizona Society of Healthcare Attorneys on Online Tracking Tools for Health Care Organizations

After STAT Health News published an investigation into health care organizations' use of online tracking technologies, such as Meta Pixel, the Office for Civil Rights and the Federal Trade Commission launched their own investigations. The FTC has issued substantial fines, and now class actions are being filed across the U.S. The Arizona Society of Healthcare Attorneys hosted Kristen Rosati and Nate Kunz to provide insights on the regulatory and legal issues arising from health care organizations’ use of online tracking technologies. They explained online tracking compliance requirements for HIPAA, Federal Trade Commission regulations, and state data privacy laws. They also discussed best practices for protecting attorney-client privilege and the attorney work product while conducting internal investigations. Kristen, a past President and Fellow of the American Health Law...

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Attorneys Kristen Rosati and Nate Kunz

Kristen Rosati & Nate Kunz Discuss Updated Guidelines on Health Care Organizations’ Use of Online Tracking Tools

Regulators have released new guidelines regarding healthcare organizations’ use of online tracking technologies in marketing practices. In their presentation to the Arizona Hospital and Healthcare Association, Kristen Rosati and Nate Kunz explained that these tools have been under increased scrutiny ever since STAT Health News released their investigation into online tracking. They also covered compliance requirements for HIPAA, Federal Trade Commission regulations, and state data privacy laws.  In anticipation of litigation related to the use of online tracking tools, they also covered how to conduct internal investigations in a manner to preserve attorney-client privilege. Kristen, a past President and Fellow of the American Health Law Association, is a nationally sought-after expert and speaker on “big data” and HIPAA compliance.  She has been leading a number of...

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Kristen Rosati

Kristen Rosati Explains the Legal Issues for Health Care Organizations Using Web-tracking Tools

Regulators have initiated investigations and class-action lawsuits have been filed against some health care organizations regarding their use of web-tracking technologies in marketing practices. Kristen Rosati, in her presentation to the Nashville Healthcare Privacy Network, explained the data privacy issues posed by web-tracking tools and the possible legal repercussions of using them. Following the STAT Health News investigation into healthcare organizations’ web-tracking technology, Kristen explained that these tools have been under increased scrutiny. During the presentation, she highlighted the implications for compliance with HIPAA, Federal Trade Commission regulations, and state data privacy laws. Kristen, a past President and Fellow of the American Health Law Association, is a nationally sought-after expert and speaker on big data and HIPAA compliance. She brings extensive knowledge related to data privacy and...

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