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Jordan is a member of Taft's Employment and Labor Relations practice group. She is focused on advising clients in areas of employment law and privacy and data security.

In March 2020, the U.S. Department of Health and Human Services’ (HHS) Office of the National Coordinator for Health IT (ONC) finalized two rules which established extensive healthcare data sharing policies related to the 21st Century Cures Act’s information blocking provision and adopted new health information technology certification requirements to enhance patients’ access to their health information.

Largely in response to the COVID-19 public health emergency, in October 2020, HHS released an interim rule which provides healthcare systems some flexibility and time to adapt to pandemic-related challenges. The interim rule extends the compliance dates and timeframes necessary to meet specific requirements related to information blocking and Conditions and Maintenance of Certification (CoC/MoC). The interim final rule also adopts updated standards and makes technical corrections and clarifications to the ONC Cures Act Final Rule.


Continue Reading Closing In On Impact: April 2021 Compliance Date For Information Blocking and Health IT Certification Requirements

On February 3, 2021, the Virginia Senate passed the Virginia Consumer Data Protection Act (“VCDPA” or the “Act”). Upon approval from Governor Ralph Northam, Virginia will be the second state in the nation to adopt a comprehensive data privacy law. This proposed legislation places Virginia alongside California at the forefront of domestic data privacy regulations.

In 2020, California changed the landscape of data privacy laws in the United States with the California Consumer Privacy Act (CCPA). The CCPA, a result of a ballot initiative by California, introduced the idea of widespread data subject rights for American consumers. Nearly three years later, Virginia is securing the second place spot with its enactment of the VCDPA. The Act mirrors the CCPA and the European Union’s General Data Protection Regulation (GDPR) in many ways. For instance, the Act contains a broad definition of “personal data.” It imposes certain fundamental processing principles, such as purpose limitation and data minimization rules, on businesses that process personal data. It also provides Virginia consumers with new rights to access, correct, delete, and request processing modifications with respect to their personal data.

Once signed into law, the VCDPA will be effective January 1, 2023. In the meantime, companies doing business in Virginia should start actively thinking of ways to incorporate VCDPA requirements into their existing privacy policies and procedures. The key features of the VCDPA are summarized below.
Continue Reading And Then There Were Two: The Commonwealth of Virginia Joins California in Enacting Comprehensive Privacy Rights Law