What Can Happen If a Website Is Not ‘Accessible?’
Sep28

What Can Happen If a Website Is Not ‘Accessible?’

It is common for healthcare providers and business associates to have websites—which may be covered by the Americans with Disabilities Act (ADA) or analogous state laws.

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What Might be the Consequence of a HIPAA Violation?
Sep05

What Might be the Consequence of a HIPAA Violation?

Violations of HIPAA cannot be prosecuted by individuals but, depending on the jurisdiction, individuals can seek monetary awards based on loss of privacy.

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Triggering the Duty to Preserve
Aug30

Triggering the Duty to Preserve

The duty to preserve is triggered by knowledge of actual litigation or reasonable anticipation of litigation.

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Enforcing Privacy and Data Security: What Role Might the FTC Play Today?
Jul24

Enforcing Privacy and Data Security: What Role Might the FTC Play Today?

Data security lapses can also be investigated and charges filed against a healthcare provider or business associate under HIPAA and State laws

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How Collecting Biometric Information Can Lead to Litigation
Jun27

How Collecting Biometric Information Can Lead to Litigation

Biometric information may be extremely useful, but healthcare organizations must take into account state laws before implementing any programs that collect or leverage that information.

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Admitting the Electronic Health Record into Evidence
May22

Admitting the Electronic Health Record into Evidence

The process of admitting ESI into evidence may be costly to a provider. However, recent amendments to the Federal Rules of Evidence may reduce that cost.

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