Scott Weinstein
Subscribe to Scott Weinstein's PostsScott A. Weinstein provides legal counsel on health care regulatory compliance, contracting and transactional due diligence, with a focus on health information privacy and security, Medicare and Medicaid's health information technology and quality reporting requirements, and clinical research regulations. Scott additionally provides legal counsel on federal and state privacy and data protection laws, with a focus on privacy audits and the development of internal and externally facing privacy policies for websites and mobile applications. Read Scott Weinstein's full bio.
Guarding the Gateway: Florida Tightens Grip on Electronic Health Records Storage
By Scott Weinstein and Lester Perling on Aug 30, 2023
Posted In Digital Health, Employee Benefits, Health and Welfare Plans
In May 2023, the Florida Legislature amended the Florida Electronic Health Records Exchange Act to add a provision regarding the security and storage of patient information. It took effect on July 1, 2023. To ensure compliance, Florida healthcare providers should review where their electronic patient information is physically maintained. Read more here.
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How Dobbs Has Changed the Data Privacy Landscape
By Scott Weinstein on Jul 26, 2023
Posted In Employee Benefits, Health and Welfare Plans, Privacy and Data Security
Companies are taking a fresh look at their privacy policies in the wake of Dobbs v. Jackson Women’s Health Organization. According to this Law360 article, policymakers are putting more pressure on companies to tighten their restrictions on collecting and disclosing personal health and location data. Access the article.
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Putting Employee Wellness Programs to Work
By Scott Weinstein and Sarah Raaii on Jul 19, 2023
Posted In Digital Health, Employee Benefits, Health and Welfare Plans
What are the opportunities and challenges of digital health wellness programs? In a recent discussion, McDermott Partners Scott A. Weinstein and Sarah G. Raaii discussed a wide range of issues, including accessibility to employees, navigating the health plan regulatory landscape, budgetary constraints and the reality of rising healthcare costs. Read more here.
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OCR Issues Proposed Rule to Modify HIPAA Privacy Rule to Include Explicit Protections for Reproductive Healthcare
By Stacey Callaghan, Jiayan Chen, Caroline Reignley, Scott Weinstein and Dexter Golinghorst on Apr 20, 2023
Posted In Digital Health, Employee Benefits, Health and Welfare Plans
On April 12, 2023, the US Department of Health and Human Services (HHS) Office for Civil Rights (OCR) issued a notice of proposed rulemaking detailing its proposal to modify the HIPAA Privacy Rule (Proposed Rule). The Proposed Rule comes as a part of the Biden administration’s response to the US Supreme Court’s ruling in Dobbs v. Jackson Women’s...
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Major Changes Proposed to Substance Use Disorder Confidentiality Law
By Scott Weinstein, Edward G. Zacharias, Abby Higgins and Li Wang on Jan 24, 2023
Posted In Employee Benefits, Health and Welfare Plans
In a Notice of Proposed Rulemaking published December 2, 2022 (the Proposed Rule), the United States Department of Health and Human Services (HHS) proposed long-awaited changes to the regulations protecting the confidentiality of substance use disorder patient records under Part 2 of Title 42 of the Code of Federal Regulations (42 CFR Part 2, or...
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HHS Issues Guidance on Requirements Under HIPAA for Online Tracking Technologies, Addressing Privacy and Security Concerns Related to Health Information
By Jennifer S. Geetter, Elliot R. Golding, Amy C. Pimentel, Scott Weinstein, Edward G. Zacharias and Marine Margaryan on Dec 20, 2022
Posted In Privacy and Data Security
On December 1, 2022, the Office for Civil Rights (OCR) at the US Department of Health and Human Services (HHS) issued a Bulletin on the obligations of covered entities and business associates (regulated entities) under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy, Security, and Breach Notification Rules (HIPAA Rules) when using online tracking...
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HIPAA Faces Test in New Abortion Reality
By Scott Weinstein on Sep 16, 2022
Posted In Employee Benefits, Health and Welfare Plans
Doctors across the country are encountering a minefield of legal risks as they navigate a post-Roe reality. In this Axios article, McDermott Partner Scott Weinstein offers perspective on the Health Insurance Portability and Accountability Act (HIPAA) and health information disclosure. Access the article.
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Navigating Data Privacy Questions Post-Dobbs
By Scott Weinstein, Jayda Greco, David Quinn Gacioch, Daniel F. Gottlieb and Carolyn Metnick on Aug 10, 2022
Posted In Digital Health, Employee Benefits, Health and Welfare Plans
The US Supreme Court’s recent decision to overturn Roe v. Wade in Dobbs v. Jackson Women’s Health Organization has raised many questions about potential efforts by law enforcement agencies to obtain data from healthcare and other service providers to detect the performance of a possibly unlawful abortion. For example, data collected by period-tracking apps, patients’...
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Workers’ Abortion Privacy at Risk as Texas Targets Employer Aid
By Scott Weinstein on Jul 25, 2022
Posted In Benefit Controversies, Employee Benefits, Health and Welfare Plans
A group of conservative Texas lawmakers is warning employers of potential civil or criminal consequences if they offer out-of-state abortion access to their employees. In this Bloomberg Law article, McDermott Partner Scott Weinstein said many companies offering reproductive healthcare benefits are making sure such benefits aren’t tied to a particular procedure. “The goal is not...
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Digital Health Year in Review: 2017 Trends and Looking Ahead to 2018
By Scott Weinstein, Sarah T. Hogan, Vernessa T. Pollard, McDermott Will & Emery, Bernadette M. Broccolo, Dale C. Van Demark, Jennifer S. Geetter, Jiayan Chen, Lisa Schmitz Mazur, Michael Ryan and Ryan Marcus on Feb 8, 2018
Posted In Health and Welfare Plans, Privacy and Data Security
Throughout 2017, the health care and life sciences industries experienced a widespread proliferation of digital health innovation that presents challenges to traditional notions of health care delivery and payment as well as product research, development and commercialization for both long-standing and new stakeholders. At the same time, lawmakers and regulators made meaningful progress toward modernizing...
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