Publications

In 1994, the HIV crisis was at its height, and confidentiality of HIV testing and test results was a grave concern. The Nebraska Unicameral enacted an unusual statute, requiring that no HIV test be administered without first obtaining the patient’s informed consent to the test. This was unusual because the […]

Medical devices are subject to numerous regulations and an intensive approval process to verify their safety for patient use–but what about the software that powers these devices? How secure is the software that operates insulin pumps or pacemakers? In addition to the requirement that medical device software meet general Food […]

Appendix Q to the State Operations Manual sets out surveyor guidance regarding Immediate Jeopardy findings. The revised guidance published by CMS in a Quality, Safety and Oversight Memo on March 5, 2019, includes a “Core” Appendix Q applicable to all provider and supplier types. Two subparts, applicable to nursing homes […]

In less than one week, the Consumer Financial Protection Bureau’s (“CFPB”) prepaid account rule will take effect. The final, effective version of the rule comes after a lengthy rulemaking process spanning several years, numerous amendments, and delayed effective dates. The end result will be that, after the rule finally does […]

In June of 2018, California enacted the California Consumer Privacy Act (the “CCPA”), the most comprehensive data privacy law to date in the United States. The CCPA originally began as a ballot initiative. However, the sponsor of that ballot initiative withdrew the measure when the California legislature agreed to pass […]