Tag Archives: HIPAA

$3.2M Fine for Failure to Protect Electronic Records

The Department of Health and Human Services Office of Civil Rights (“OCR”) fined a Texas hospital $3.2 million for its impermissible disclosure of unsecured electronic protected health information (ePHI) and non-compliance over many years with multiple standards of the HIPAA Security Rule. Children’s Medical Center of Dallas filed breach reports with OCR in 2010 and … Continue Reading

Smaller HIPAA Breaches To Get More Attention by Office for Civil Rights

The HIPAA breach notification rule has two buckets for classifying data breaches – those that involve “protected health information” (PHI) of 500 or more individuals and those that involve fewer than 500 individuals. Since the breach notification rule became effective, the Office of Civil Rights’ (OCR) focus has been on the 500 and over bucket. But … Continue Reading

HIPAA and $15 Million in 2016

For years, many questioned whether the HIPAA privacy and security rules would be enforced. The agency responsible for enforcement, Health and Human Services’ Office for Civil Rights (OCR), promised it would enforce the rules, but just after a period “soft” enforcement and compliance assistance. That period appears to be ending. During the first seven months … Continue Reading

The Inexplicit Requirement and Definitive Necessity for Employers to Implement Privacy Policies

In the face of seemingly daily news reports of company data breaches and the mounting legislative concern and efforts on both the state and federal level to enact laws safeguarding personal information maintained by companies, employers should be questioning whether they should implement privacy policies to address the protection of personal information they maintain on … Continue Reading

Top 10 for 2016 – Happy Data Privacy Day

In honor of Data Privacy Day, we provide the following “Top 10 for 2016.”  While the list is by no means exhaustive, it does provide some hot topics for organizations to consider in 2016. EU/U.S. Data Transfer (status of Safe Harbor).  On October 6, 2015, the Court of Justice of the European Union (CJEU) ruled … Continue Reading

SEC’s Division of Investment Management Issues Cybersecurity Guidance

In Guidance Update No. 2015-02, the Division of Investment Management (Division) of the Securities and Exchange Commission (SEC) issued some high-level suggestions concerning the importance of cybersecurity for registered investment companies and registered investment advisers. The guidance outlines a number of measures these entities should consider for addressing cybersecurity risks. Of course, while some of these and other measures may have … Continue Reading

Top 15 for 2015 – Happy National Data Privacy Day

In honor of National Data Privacy Day, we provide the following “Top 15 for 2015.”  While the list is by no means exhaustive, it does provide some hot topics for businesses to consider in 2015. Inside Threats for Healthcare Providers and Business Associates.  While news reports of security risks often focus on hackings and breaches … Continue Reading

Healthcare Providers and Business Associates: Don’t Ignore the Insider Threats

News reports of security risks, hackings and breaches caused by individuals, terror groups or even countries around the world certainly are important and can be unsettling. But, for many organizations, including healthcare providers and business associates, a significant and perhaps more immediate area of data risk rests with an organization’s workforce members. An organization’s information … Continue Reading

Data Security in 2015 for Banks, HIPAA Covered Entities, and Small Businesses Too

Some have called 2014 the “Year of the Data Breach.” That may be true given the steady stream of large-scale data breaches affecting tens of millions of individuals. We do not know if this time next year commentators will be saying the same thing about 2015, but there are signs pointing to a significant tightening … Continue Reading

EMPLOYERS BEWARE: MEDICAL IDENTITY THEFT ON THE RISE AND IS THE GOLDEN TARGET FOR HACKERS

As we’ve discussed previously, medical identity information is worth more than ten (10) times that of financial information on the black market. This gives hackers a financial incentive to obtain such information that is maintained not only by medical providers and pharmacies but also by employers who provide medical insurance coverage to their employees. Employers … Continue Reading

Enterovirus D-68 and Ebola Cases Raise Privacy Concerns for Healthcare Providers and their Workers

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

Yes, a Person Can be Criminally Prosecuted for Violating HIPAA

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

Prepare For Increased HIPAA Fines

Since mid-2013, the Department of Health and Human Services has recovered more than $10 million from numerous entities in connection with alleged violations of the Health Insurance Portability and Accountability Act (“HIPAA”).  However, during a recent American Bar Association conference, Jerome B. Meites, a chief regional civil rights counsel at the Department of Health and Human Services (“HHS”) … Continue Reading

OCR Provides HIPAA “Lessons Learned” In Data Breach Report to Congress

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

Kentucky Enacts a Data Breach Notification Law and Protects Student Data in the Cloud

Kentucky Gov. Steve Beshear signed H.R. 232 on April 10, 2014, making the Commonwealth the 47th state to enact a data breach notification law. The law also limits how cloud service providers can use student data. A breach notification law in New Mexico may follow shortly. Data Breach Notification Mandate The Kentucky law follows the same general structure of … Continue Reading

Best Practices For Gramm-Leach-Bliley Compliance

The U.S. Commodity Futures Trading Commission (Commission) issued a Staff Advisory on best practices for financial institutions that must comply with Gramm-Leach-Bliley Act (GLBA) provisions on data security and customer privacy. GLBA was enacted to ensure that financial institutions respect the privacy of their customers and protect the security and confidentiality of nonpublic personal information.  Specifically, … Continue Reading

Top 14 for 2014

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

CMS Seeks Emergency Review and Approval of its One-Hour Breach Notification Rule for Exchanges

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

Thinking About Cyber, Data Breach Insurance? Have You Assessed Your Needs/Risks?

It seems more companies are considering whether to purchase or enhance their cyber or data breach insurance coverage. In recent years, these offerings have expanded giving businesses more choice, and perhaps so has the need for such coverage given the explosion of access to and transmission of confidential data. What is interesting about this development is the different … Continue Reading
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