Matthew Fisher

HIPAA as Standard of Care

By Matt Fisher – A March 2021 decision by the Arizona Supreme Court recognized that obligations and requirements under HIPAA can be the standard of care underpinning a claim of negligence. The Arizona decision is only the most recent in a line of similar decisions by various states. However, what does it mean for HIPAA to act as the standard of care?

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Privacy Policy Ponderings

By Matt Fisher – Most if not all websites will (or should) contain a link to a Privacy Policy at the bottom of the page. The Privacy Policy will in either great or vague detail describe what information is collected, how the information will be used, and potentially what rights are given to the user.


Telehealth: Onward and Upward

By Matt Fisher – It should be well known that telehealth achieved rapid adoption and expansion throughout the course of the pandemic. The adoption and expansion was the result of many emergency orders though that will only remain in place while a public health emergency declaration is in place.





Reminder, Provide Access to Data

By Matt Fisher – The Office for Civil Rights started 2021 off with another settlement of alleged non-compliance with the HIPAA right of access. The settlement, as noted by OCR, is the 14th right of access settlement since OCR began its targeted focus on this issue in late 2019.


HIPAA Progress: Incremental or By a Leap?

By Matt Fisher – After a bit longer of a delay than was initially expected, the Department of Health and Human Services released a proposed rule to change pieces of HIPAA. The proposed rule is the outcome from a request for information that closed in February of 2019, where HHS posed a number of questions mostly focused on how HIPAA interacts with value based care goals.