Scott Weinstein

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Scott 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.

Major Changes Proposed to Substance Use Disorder Confidentiality Law


By , , and 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 , , , , and 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 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 , , , and 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 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 , , , , , , , , , and 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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Consumer Health Information Update from Both Sides of the Atlantic


By and on Apr 21, 2015
Posted In Privacy and Data Security

As we reported in May 2014, the Federal Trade Commission (FTC) convened stakeholders to explore whether health-related information collected from and about consumers — known as consumer-generated health information (CHI) — through use of the internet and increasingly-popular lifestyle and fitness mobile apps is more sensitive and in need of more privacy-sensitive treatment than other...

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