Susan Ross (US)

Subscribe to all posts by Susan Ross (US)

Healthcare-related exception in FCC TCPA order upheld

By Susan Ross (US) on March 19, 2018 Posted in Regulatory

On March 16, 2018, the U.S. Court of Appeals for the District of Columbia Circuit issued its decision on the Federal Communications Commission (FCC) omnibus order of 2015, relating to challenges to the FCC’s determination on healthcare calls and three other rulings relating to cell phones. The appellate court upheld an exception for certain “emergency” … Continue reading

Connecticut case finds health care privacy cause of action

By Susan Ross (US) on February 15, 2018 Posted in Regulatory

On January 16, 2018, the Connecticut Supreme Court unilaterally created a new state law cause of action for violation of a patient’s health care privacy. (Byrne v. Avery Center for Obstetrics & Gynecology, P.C., 327 Conn. 540, __ A.3d __ (Jan. 16, 2018)). Particularly noteworthy is the new standard for a physician’s level of care: … Continue reading

Package as “Advertising”

By Susan Ross (US) and Robert Rouder (US) on December 7, 2016 Posted in FDA & Food Safety, News from DC

On October 17, 2016, a US federal trial court in the District of Columbia ruled that a competitor may pursue a Lanham Act claim for false advertising due to a container of black pepper. Watkins Inc. v. McCormick & Co., Inc., Case No. 1:15-cv-2188 (ESH) (D.D.C. Oct. 17, 2016) (2016 WL 6078250). In ruling on … Continue reading

OCR launches Phase 2 of the HIPAA Audit Program

By Mark Faccenda (US), Denise Webb Glass (US) and Susan Ross (US) on March 22, 2016 Posted in Regulatory

The HHS Office for Civil Rights (OCR) announced on Monday that it has launched the long-awaited Phase 2 of its HIPAA Privacy, Security, and Breach Notification Audit Program. The purpose of the Audit Program is to assess the compliance of covered entities and business associates with the HIPAA Privacy, Security and Breach Notification Rules. The … Continue reading