Are You Ready for Brazil’s New Data Protection Law?
27 December 2018
The Brazilian General Data Protection Law (“Lei Geral de Proteção de Dados” or “LGPD”), passed by Congress on 14 August 2018, will come into effect on...
Blog: Chronicle of Data Protection | 20 September 2013
On September 19, the Department of Health and Human Services issued new guidance on the “refill reminder” requirements under HIPAA. The new final HIPAA regulations, most of which go into effect on September 23, 2013, limit the remuneration that a covered entity may receive in exchange for making communications to patients about a drug or biologic currently prescribed to that patient. While generally the Privacy Rule restricts covered entities from receiving remuneration for making marketing communications, there is an exception for these “refill reminder” and similar communications, provided that remuneration is “reasonably related” to the covered entity’s cost of making the communication. The new guidance provides a number of clarifications about these communications. In particular, HHS has clarified and expanded the scope of the costs that may be considered “reasonably related” to include capital and overhead costs, in addition to the previously allowed labor, postage and supplies.
Other clarifications include: