Dorsey Health Law Blog

HIPAA on the Horizon in the New Year: Important Lessons from an Active 2023 and Regulatory Initiatives to Watch for in 2024

2023 marked 20 years since the first compliance deadline under the Health Insurance Portability and Accountability Act’s (“HIPAA”) privacy rule. Despite the two decades of experience with HIPAA, compliance continues to remain a challenge for HIPAA-covered entities as well as for their business associates. 2023 brought a large number of important HIPAA-related developments and lessons-learned...

Minnesota Supreme Court Holds That The Minnesota Health Records Act Allows Release of Health Records For Permitted Purposes Under HIPAA

On October 11, 2023 the Minnesota Supreme Court issued an opinion in Schneider v. Children’s Health Care holding that the Minnesota Health Records Act (“MHRA”) provision allowing health care providers to release health records when there is “specific authorization in law” encompasses all operative law in Minnesota, including permitted disclosures under the federal HIPAA privacy...

U.S. Supreme Court Expands Options for Residents & Families Suing Nursing Homes

In a ruling issued today, the United States Supreme Court held that the family of a nursing home resident could bring a claim against the nursing home under the Federal Nursing Home Reform Act via section 1983.  In Health & Hospital Corporation of Marion County v. Talevski, Talevski’s family claimed that the nursing home where...

Iowa Governor Signs Legislation Impacting Iowa’s Long-Term-Care Industry

On June 1, 2023, Iowa Governor Kim Reynolds signed into law Iowa bill HF 685, which will significantly impact the future of Iowa’s long-term-care industry. Among other provisions, HF 685 increases scrutiny imposed on parties who seek to acquire an Iowa nursing facility, imposes a temporary moratorium on adding new nursing facility beds in the...

Minnesota Attorney General Notification of Health Care Transactions

On May 26, 2023, the Governor of Minnesota signed into law Minnesota bill HF 402 to increase government oversight of health care transactions that occur in Minnesota or involve Minnesota-based health care entities. Minnesota joins a growing number of states considering or enacting similar measures, including New York, Connecticut, Delaware, Massachusetts, Nevada, New Jersey, Oregon,...

Broad New Washington Privacy Law Requires Immediate Compliance Action

The Dorsey Health Law blog team keeps readers up-to-date on relevant topics in the health care industry. In order to do so, the members of the blog team communicate regularly with other practice groups within the firm for applicable updates from client publications. For this post, we would like to thank Dorsey’s Ross D’Emanuele, Jamie...

HHS OCR Settles HIPAA Investigation with Business Associate for $350,000

Over the past decade, the number of health care data breaches reported to the U.S. Department of Health and Human Services’ Office for Civil Rights (“OCR”) has increased dramatically. From 2009 to 2022, over 5,000 data breaches affecting 500 or more records were reported to OCR, accounting for the exposure of over 380 million health...