A November 8 article in Bloomberg BNA's Health Care Daily Report and other publications, "Health Privacy Official's Departure Unlikely to Rock the Boat,"  discussed whether last month's departure of Deven McGraw, deputy director for health information privacy for the U.S. Department of Health and Human Services' Office for Civil Rights (OCR), will have an effect on the government's enforcement of health-data privacy laws. Day Pitney's Eric Fader was quoted in the article.

Eric pointed out that the OCR hasn't publicly announced any HIPAA settlements over the past six months, which could point to a slowdown in enforcement activity behind the scenes. It remains to be seen whether McGraw's departure will have any additional effect on enforcement activity, he added. "It's difficult to tell whether the Trump administration has affirmatively diverted resources from privacy and cybersecurity efforts, or whether things at the OCR and [Office of the National Coordinator for Health Information Technology] have gotten bogged down for other reasons," Eric said.

Eric also discussed the recent introduction of the bipartisan HHS Cybersecurity Modernization Act, designed to bolster the security of health information, which would create a new position within the HHS dedicated to cybersecurity. "The new Matsui/Long bill is part of what I expect will be increasing congressional attention on cybersecurity issues, as we saw in August with the proposed Medical Device Cybersecurity Act [S. 1656]," he said.


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