Articles and Blogs

In a Public Notice released April 8, 2020, the FCC provided clarification as to the scope of equipment and services it would consider eligible for funding under the COVID-19 Telehealth Program, as well as the anticipated application process. Types of eligible equipment and services include, but are not limited to the following: Telecommunications services... READ MORE

In the midst of the COVID-19 nationwide public health emergency and with 43 states issuing stay-at-home orders, both business and personal connectivity has become increasingly dependent on video-teleconferencing (“VTC”) platforms, such as Zoom, in order to stay connected. Unfortunately, these VTC platforms may be extremely vulnerable to hacking attempts by malicious actors and other... READ MORE

In response to the COVID-19 pandemic, the Department of the Treasury and the Internal Revenue Service (“IRS”) recently issued several pieces of guidance this week on the various tax credits established for employers under the Families First Coronavirus Relief Act (“FFCRA”) and the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”). Below is... READ MORE

On April 2, 2020, the FCC released its Report and Order, establishing the rules for participation in its recently announced COVID-19 Telehealth Program (the “Program”). Through the Program, the FCC will provide eligible health care providers with 100 percent of the costs of the telecommunications, information services and connected devices (i.e. remote monitoring devices,... READ MORE

Over the course of the past two weeks, the Federal Communications Commission (“FCC”) has undertaken several measures in an attempt to assist health care providers in light of the COVID-19 crisis, including by expanding funding opportunities available to eligible health care providers for telecommunications services and equipment and reducing the burden of participation in... READ MORE

The Telephone Consumer Protection Act (“TCPA”) generally prohibits the use of automated text messages or prerecorded calls to a cellular number without the prior consent of the receiving party. The TCPA expressly excepts from the foregoing prohibition any calls or messages sent for “emergency purposes.” See 47 C.F.R. § 64.1200(f)(4). In a Declaratory Ruling... READ MORE

As the COVID-19 outbreak threatens to rapidly overload the health care system and global economy, threat actors seeking to profit during the chaos are increasing their activity. As such, disruptive and destructive cyberattacks could potentially delay or terminate critical services as the demand for COVID-19 testing and treatment continues to increase. This includes not... READ MORE

Last Updated: April 13, 2020 Table of Contents Enforcement Discretion for COVID-19 Testing Sites Enforcement Discretion for Business Associate Public Health Disclosures Disclosures to Law Enforcement, Paramedics, First Responders and Public Health Authorities Privacy and Security Requirements for Telehealth Waived Section 1135 HIPAA Waiver OCR Bulletin: HIPAA and COVID-19 Hall Render privacy attorneys are... READ MORE

On March 3, 2020, the Health and Human Services Office for Civil Rights (“OCR”) announced a $100,000 settlement with a physician practice (“Practice”) that it found to be significantly out of compliance with the requirements of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). While OCR was investigating the Practice’s complaint against... READ MORE

In part 1 of this series about negotiating procurement deals, we talked about the parties to the agreement and how that easily overlooked issue can cause problems such as unlicensed use of the software being acquired. Other basic issues can cause deals to go sideways. This post addresses the first issues that an organization’s... READ MORE