While recent legislation has tended to tighten data breach notification requirements (e.g., Florida and California), Assembly Bill 1755 extended the breach notification deadline from five to 15 days for certain healthcare providers. More specifically, according to AB1755 which becomes effective January 1, 2015, the deadline to provide notification of a breach of medical information for healthcare providers covered by… Continue Reading
On September 25, a four-year old boy from New Jersey died of Enterovirus D-68, reports myfoxphilly.com. Increasingly, there are reports about potential Ebola cases in the U.S. Naturally, the spread of infectious disease raises concern for everyone, particularly for healthcare workers who want to do their jobs, and also protect their families. There are already… Continue Reading
Written by Tyler Philippi The Department of Health and Human Services (“HHS”) recently released guidance on the application process to obtain a Health Plan Identifier (“HPID”). A HPID is an all-numeric 10-digit identification number that many HIPAA-covered health plans are required to adopt by November 5, 2014. Think of a HPID like an EIN for… Continue Reading
When many people think about identity theft and data breaches, they tend to think about credit card data and bank accounts. This makes sense given the large-scale breaches in the news lately. However, Reuters reported last week that medical information is ”worth 10 times more than  credit card number[s] on the black market” a trend that… Continue Reading
I recently had the pleasure of speaking to a great group at the Connecticut Assisted Living Association (CALA) about HIPAA and a range of related practical issues. Many covered entities and business associates, particularly those that are small businesses, continue to work on understanding the privacy and security standards, and how to best apply them in their… Continue Reading
As reported by HealthcareInfoSecurity.com, a former hospital employee is facing criminal charges brought by federal prosecutors in Texas for alleged violations of the privacy and security requirements under the Health Insurance Portability and Accountability Act (HIPAA). You may remember that back on June 1, 2005, the Department of Justice issued an opinion supporting the prosecution of individuals… Continue Reading
As I write this post, the U.S. v. Belgium match is underway - a win is needed by the United States to advance to the quarterfinals of the 2014 World Cup. Most watching the game may not realize that GPS technology will be monitoring just about every movement taken by U.S. players on the field as… Continue Reading
Written by Ann Haley Fromholz In a victory for California healthcare providers, the California Court of Appeal recently held that a health care provider is not liable under California’s Confidentiality of Medical Information Act (CMIA) (Cal. Civ. Code, § 56 et seq.) when the health care provider releases an individual’s personal identifying information, but the… Continue Reading
An Office for Civil Rights (OCR) report issued this month reveals some interesting details about data breach activity under HIPAA, as well as some helpful reminders and recommendations for covered entities and business associates. Section 13402(i) of the HITECH Act requires the Secretary of Health and Human Services to submit a report to various Senate… Continue Reading
Unencrypted laptop computers and other mobile devices pose significant risks to the security of patient information, reminds the U.S. Department of Health and Human Services Office for Civil Rights (OCR) in its announcement yesterday that it collected $1,975,220 from two entities collectively to resolve potential violations of the Health Insurance Portability and Accountability Act (HIPAA)… Continue Reading
Skagit County, Washington, has agreed to settle potential violations of the privacy and security rules under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), according to an announcement by the Office for Civil Rights (OCR) on Friday. OCR reported that Skagit County, home to approximately 118,000 residents, agreed to a $215,000 monetary settlement and to comply… Continue Reading
The Department of Health and Human Services announced on February 24 that it is seeking information about conducting a pre-audit survey. That is, it plans to conduct a “survey of up to 1200 [HIPAA] covered entities (health plans, health care clearinghouses, and certain health care providers) and business associates (entities that provider certain services to… Continue Reading
Ricardo Rivera Cardona of the Puerto Rico Health Insurance Administration, intending to send a message by imposing the largest penalty to date ($6.8 million) arising out of a breach of protected health information under HIPAA, as reported by Infomation Security Media Group, is quoted as saying: We are sending a message that we are here to… Continue Reading
A study (registration required) by two data security firms, Norse in Silicon Valley and SANS, discussed in a recent L.A. Times article, confirms the concerns raised by the FDA and others about increased use of internet-connected medical devices by healthcare providers and the corresponding increase in the information systems of those providers being attacked, and in some… Continue Reading
Written by Jeffrey M. Schlossberg When does a medical clinic’s employee’s unauthorized texting of patient confidential health information result in liability to the clinic? The answer; it depends. In Doe v. Guthrie Clinic, Ltd., the Second Circuit Court of Appeals dismissed a patient’s claim against a medical corporation for alleged breach of fiduciary duty based… Continue Reading
In honor of National Data Privacy Day, we provide the following “Top 14 for 2014.” While the list is by no means exhaustive, it does provide critical areas businesses will need to consider in 2014. Location Based Tracking. As the utilization of GPS enable devices becomes more and more prevalent, employers are often faced with… Continue Reading
Written by Michael R. Bertoncini A report issued by the Department of Health and Human Services Office of Inspector General (“OIG”) concludes that the Office for Civil Rights (“OCR”) did not meet all of its federal requirements for oversight and enforcement of the HIPAA Security Rule. While the report noted OCR met some of these… Continue Reading
A familiar story – small health care provider suffers a data breach affecting patient data, reports incident to the federal Office for Civil Rights (OCR) and winds up becoming subject to an OCR investigation that goes well beyond the breach itself, resulting in a significant settlement payment and corrective action plan. In this case, a relatively… Continue Reading
WSJ reported on November 22, 2013, Google’s push to move Google Glass, a computerized device with an “optical head-mounted display,” into the mainstream by tapping the prescription eyewear market through VSP Global—a nationwide vision benefits provider and maker of frames and lenses. If the speed and immersion of technology over the past few years had… Continue Reading
According to testimony before the House Committee on Science, Space, and Technology and warnings from IT security experts, individuals using the federal government’s website to obtain health coverage through the Exchange are likely putting the security of their sensitive personal information at significant risk. Reports about the cost of the federal website vary, but based on… Continue Reading
Today, the Centers for Medicare and Medicaid Services (CMS) requested an "emergency review" of its recently proposed rule that "[Federally-facilitated Exchanges or FFEs], non-Exchange entities associated with FFEs, and State Exchanges must report all privacy and security incidents and breaches to HHS within one hour of discovering the incident or breach." We reported on the proposed… Continue Reading
Click on the link in this post for high-level compliance roadmap concerning the Omnibus Privacy Rule under HIPAA and HITECH for covered plans, providers and business associates.
Breach involving software upgrade to online application system leads to allegations of HIPAA privacy and security failures, and a $1.7 million settlement payment to HHS.
Are you a “non-Exchange entity” with respect to the healthcare exchanges coming later this year? If so you may become subject to a one-hour breach notification mandate.