Essential Changes in Health Information Privacy Compliance for 2024

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BASIC HEALTH INFORMATION PRIVACY COMPLIANCE
UPDATES FOR 2024
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PRESENTED BY PAUL R. HALES, J.D.
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Changing Health Information Privacy Compliance

• 2023 - Health Privacy Enforcement got Serious -
  More to Come
• HIPAA and OCR are not the only enforcers of
  Health Information Privacy Regulations
• Newly active, aggressive enforcers are here now
• Federal Trade Commission (FTC)
• Private Plaintiffs and Class Action Lawsuits
• State Regulators and Attorneys General
• See Handout 1 Protecting Health Information
  Privacy Just Got Serious

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Changing Health Information Privacy Compliance
What is Happening in 2024 What will we
Cover? Planned HIPAA Privacy Rule
Modifications OCR Privacy Rule Guidance
Tracking Technologies Federal Trade Commission
(FTC) Enforcement Aggressive Private
Lawsuits State Privacy Laws Your Questions
Discussion
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Changing Health Information Privacy Compliance

• 2024 Disruption Keep Constant Watch
• Timing
• We dont know when some changes will happen
• Uncertainty
• Were not sure how changes will affect
  operations
• Were not sure of the final form of some changes

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Changing Health Information Privacy Compliance
2024 Disruption Keep Constant Watch Prepare for
HIPAA Changes Ahead HIPAA Breaking News Blog
January 17, 2023 Updated when new information is
released last update July 27, 2023 New Blog
published weekly on Wednesday HHS Announces New
Divisions Within the Office for Civil Rights to
Better Address Growing Need of Enforcement in
Recent Years February 27, 2023 HHS Announcement
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Changing Health Information Privacy Compliance
OCR Enforcement OCR 2023 April 21, 2023 OCR
Director Melanie Fontes Ranier announced OCR is
investigating entities that disclose patient
information to third parties without permission
through the use of website Tracking
Technologies July 20, 2023 Responded to AHA April
22, 2023 letter by reinforcing its December 1,
2022 guidance in a strong public warning letter
to 130 health care organizations issued in
concert with the FTC September 15, 2023
collaborated with the FTC to issue an updated
publication outlining health data privacy and
security laws and rules
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Changing Health Information Privacy Compliance
The New Private Sector Enforcers Private Health
Data Breach Lawsuits Class action lawsuits based
on allegations that Tracking Technologies
violated laws protecting patient and consumer
health information privacy are mushrooming at a
feverish pace. Defendants include health care
organizations and Meta (Facebook). The rush to
sue seems unlikely to slow down soon. Private
class action data breach lawsuits may well be the
fastest growing, most aggressive and feared
vehicles for protecting health information
privacy.
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Changing Health Information Privacy Compliance
Active Enforcement by State Attorney
Generals State Attorneys General are joining
together to investigate health information
disclosures. March 29, 2023 the Attorneys General
of Oregon, Connecticut and the District of
Columbia settled a joint investigation of
violations by Easy Healthcare (Premom) regarding
disclosures of fertility, menstruation, sexual
activity, pregnancy, and childbirth health
information. October 5, 2023 The Attorneys
General of 49 states and the District of
Columbia settled a joint investigation of HIPAA
and state consumer protection, privacy
protection and breach notification law violations
by Blackbaud, a software provider for health
care and other types of organizations.
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Changing Health Information Privacy Compliance

• State Privacy Protection Laws
• Thirteen states have enacted new privacy
  protection laws
• Some comprehensive state consumer data privacy
  laws, such as the California Consumer Privacy
  Act ("CCPA"), apply to healthcare providers
• Some laws are in effect now
• Others are scheduled to become effective soon
  The states are

California Delaware Iowa Tennessee Virginia
Colorado Florida Montana Texas
Connecticut Indiana Oregon Utah
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Changing Health Information Privacy Compliance
In conclusion we have covered Planned HIPAA
Privacy Rule Modifications OCR Privacy Rule
Guidance Tracking Technologies Federal Trade
Commission (FTC) Enforcement Aggressive Private
Lawsuits State Privacy Laws Now for Your
Questions and Discussion
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Changing Health Information Privacy Compliance

• Your Questions Please
• Paul R. Hales, J. D.
• PaulHales_at_AttorneyHales.com www.AttorneyHales.com
  
• 314-534-3534
• info_at_hipaaetool.com

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Changing Health Information Privacy Compliance
Thank You Paul Hales, J. D.
PaulHales_at_AttorneyHales.com 314-534-3534
Register Now
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