healthcare regulatory compliance

Ending with a Whimper

By Matt Fisher -The so far long and tangled path for tracking technology and HIPAA in healthcare appears it will end with a whimper. It is being reported that the federal Department of Health and Human Services dropped its appeal of the decision from the United States District Court for the Northern District of Texas…


More Delayed Access

By Matthew Fisher – The Office for Civil Rights continues to dig into reports about delayed access to records by covered entities. The initial flurry of resolutions from many years ago now has not necessarily resulted in a significant change of behavior, which is frankly a bit surprising.


Much Ado About Non-Competes

By Matt Fisher – The state of non-compete provisions across the country remains in a bit of flux. The FTC promulgated a new rule in April 2024 that, if allowed to go into effect, will ban non-compete provisions. Almost as soon as the final rule was announced, challenges to the rule were filed in court.


Next Piece in Tracking Technology Puzzle

By Matt Fisher – The pieces to the puzzle that is the use of tracking technology in healthcare continue to accumulate. The most recent piece was a summary judgment decision from the Northern District of Texas stemming from a lawsuit filed by the American Hospital Association along with a couple of hospitals.


Enforcing Respect for Patients

By Matt Fisher – One of the newest and hottest entrants on the healthcare privacy front is the Federal Trade Commission. Being aware of the whole regulatory enforcement landscape is just as important as paying attention to compliance in the first place.


FTC Continues Healthcare Action

By Matthew Fisher – On the heels of recent settlements concerning the use of personal and health information, the Federal Trade Commission is continuing its push on the healthcare front. The latest action is the finalization of changes to the Health Breach Notification Rule.


More FTC Privacy Action

By Matthew Fisher – The FTC recently reasserted itself into the privacy discussion when it comes to healthcare information. Given the defined scope of HIPAA that does not cover a number of growing areas where healthcare data can be found, it is important to remember that agencies beyond the HHS OCR can act to require protection.


Coming Together: Part 2 and HIPAA

By Matthew Fisher – HHS released a final rule that will establish greater alignment between Part 2 (privacy of substance use disorder treatment records) and HIPAA. They kicked off the process with a notice of proposed rulemaking that was published on 12/2/22.