Articles and Blogs

Health Information Technology

Zooming into Risk During COVID-19

[04/08/20]

Posted on April 8, 2020 in Health Information Technology

Published by: Hall Render

In the midst of the COVID-19 nationwide public health emergency and with 43 states issuing stay-at-home orders, both business and personal connectivity has become increasingly dependent on video-teleconferencing (“VTC”) platforms, such as Zoom, in order to stay connected. Unfortunately, these VTC platforms may be extremely vulnerable to hacking attempts by malicious actors and other... READ MORE

Treasury and IRS Issue Additional Guidance on Employer Tax Credits

[04/03/20]

Posted on April 3, 2020 in Health Information Technology

Published by: Hall Render

In response to the COVID-19 pandemic, the Department of the Treasury and the Internal Revenue Service (“IRS”) recently issued several pieces of guidance this week on the various tax credits established for employers under the Families First Coronavirus Relief Act (“FFCRA”) and the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”). Below is... READ MORE

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FCC Announces Details of $200 Million COVID-19 Telehealth Program

[04/03/20]

Posted on April 3, 2020 in Health Information Technology

Published by: Hall Render

On April 2, 2020, the FCC released its Report and Order, establishing the rules for participation in its recently announced COVID-19 Telehealth Program (the “Program”). Through the Program, the FCC will provide eligible health care providers with 100 percent of the costs of the telecommunications, information services and connected devices (i.e. remote monitoring devices,... READ MORE

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FCC Undertakes Measures to Assist Health Care Providers In Light of COVID-19 Crisis

[04/02/20]

Posted on April 2, 2020 in Health Information Technology

Published by: Hall Render

Over the course of the past two weeks, the Federal Communications Commission (“FCC”) has undertaken several measures in an attempt to assist health care providers in light of the COVID-19 crisis, including by expanding funding opportunities available to eligible health care providers for telecommunications services and equipment and reducing the burden of participation in... READ MORE

FCC Issues Guidance on the Scope of the TCPA’s “Emergency Purposes” Exception

[03/31/20]

Posted on March 31, 2020 in Health Information Technology

Published by: Hall Render

The Telephone Consumer Protection Act (“TCPA”) generally prohibits the use of automated text messages or prerecorded calls to a cellular number without the prior consent of the receiving party. The TCPA expressly excepts from the foregoing prohibition any calls or messages sent for “emergency purposes.” See 47 C.F.R. § 64.1200(f)(4). In a Declaratory Ruling... READ MORE

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Battling the Bugs: Cybersecurity During a Pandemic

[03/19/20]

Posted on March 19, 2020 in Health Information Technology

Published by: Hall Render

As the COVID-19 outbreak threatens to rapidly overload the health care system and global economy, threat actors seeking to profit during the chaos are increasing their activity. As such, disruptive and destructive cyberattacks could potentially delay or terminate critical services as the demand for COVID-19 testing and treatment continues to increase. This includes not... READ MORE

HIPAA Compliance During the COVID-19 Pandemic

[03/18/20]

Posted on March 18, 2020 in Health Information Technology

Published by: Hall Render

Last Updated: April 3, 2020 Table of Contents Enforcement Discretion for Business Associate Public Health Disclosures Disclosures to Law Enforcement, Paramedics, First Responders and Public Health Authorities Privacy and Security Requirements for Telehealth Waived Section 1135 HIPAA Waiver OCR Bulletin: HIPAA and COVID-19 Hall Render privacy attorneys are monitoring the federal government’s response to... READ MORE

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HIPAA Compliance Deficiencies and Failure to Comply with OCR’s Technical Assistance Leads to $100,000 Settlement

[03/12/20]

Posted on March 12, 2020 in Health Information Technology

Published by: Hall Render

On March 3, 2020, the Health and Human Services Office for Civil Rights (“OCR”) announced a $100,000 settlement with a physician practice (“Practice”) that it found to be significantly out of compliance with the requirements of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). While OCR was investigating the Practice’s complaint against... READ MORE

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Do-It-Yourself Legal Review Part 2: A Guide for Helping Businesses Evaluate Software Terms

[01/10/20]

Posted on January 10, 2020 in Health Information Technology

Published by: Hall Render

In part 1 of this series about negotiating procurement deals, we talked about the parties to the agreement and how that easily overlooked issue can cause problems such as unlicensed use of the software being acquired. Other basic issues can cause deals to go sideways. This post addresses the first issues that an organization’s... READ MORE

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Failure to Encrypt Laptop and Failure to Comply with Technical Assistance from OCR Leads to $65,000 Settlement

[01/07/20]

Posted on January 7, 2020 in Health Information Technology

Published by: Hall Render

On December 30, 2019, the Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) announced a resolution agreement with an ambulance company (“Company”) covered entity that provides both emergency and nonemergency transportation services. The Company employs only 64 workers. The Company will pay $65,000 and enter into a Corrective Action Plan (“CAP”)... READ MORE