What do ransomware, Yelp, and website tracking technologies all have in common? They are troubling areas of concern for HIPAA covered entities and business associates, according to one official from the federal Office for Civil Rights (OCR) which enforces the HIPAA privacy and security rules. Recently, the Executive Editor of Information Security Media Group’s (ISMG’s)
Health Information Technology

Hospital Mergers Double the Risk of a Data Breach, Study Shows
The healthcare sector is a prime target for data breaches. According to a summary by the HIPAA Journal, 32% of all data breaches between 2015 and 2022 were in the healthcare sector, “almost double the number recorded in the financial and manufacturing sectors.” Industry analysts cite to many reasons for this, including the sensitivity…
ChatGPT and HIPAA, Caution is Needed, Even ChatGPT Says So!
Recently, things may have sped up a little in your doctor’s office. The notes for your recent visit may have been organized and filed a little more quickly. You might have received assistance sooner than expected with a physician letter to your carrier concerning a claim. You also may have received copies of those medical…
HHS and FTC Send Joint Letter to 130 Hospital Systems, Telehealth Providers Re: Tracking Technologies
The Department of Health and Human Services and the Federal Trade Commission have sent a joint letter to approximately 130 hospital systems and telehealth providers to emphasize the risks and concerns about the use of technologies, such as the Meta/Facebook pixel and Google Analytics, that can track a user’s online activities. We have summarized each…
$240,000 HIPAA Settlement With OCR Due to Snooping Security Guards
It is not the first time we have written about complaints, OCR settlements, and even jail time following snooping by hospital employees into patient records. For example, as COVID raged, an investigation showed that for approximately 10 months ending in February, 2021, an employee at a California state hospital improperly accessed approximately 2,000 individuals’ COVID-19…
Failure to Follow OCR HIPAA Technical Assistance Results in $15,000 Settlement for Small Provider
We have written several times about U.S. Department of Health and Human Services Office for Civil Rights’ “HIPAA Right of Access Initiative.” In its most recent enforcement action under the Initiative, the 44th such enforcement action, the OCR investigated a complaint made against a psychotherapist concerning the alleged refusal to provide medical records. Ultimately, and…

Getting Healthcare in 2023 and Beyond…Virtually…and Securely
Much is being written about “remote work” – is it productive, will demand for it continue or be curtailed in a recession, is cybersecurity compromised, does it inhibit workplace culture, collaboration, etc. Lots of questions, few clear answers. The discussion seems largely centered on office workers, professional services providers like me, who generally can perform…

HIPAA Regulated Entities: Website or App Tracking Technologies, Pixels Can Create Significant Compliance and Litigation Risks
Last month, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) issued a bulletin with guidance concerning the use of online tracking technologies by covered entities and business associates under the Health Insurance Portability and Accountability Act (HIPAA). The OCR Bulletin follows a significant uptick in litigation concerning these technologies…
Amendment to CMIA Regarding Mental Health and Mental Health Apps
California passed Assembly Bill (AB) 2089, which amends the Confidentiality of Medical Information Act (CMIA) to include mental health application information under the definition of medical information. Under the revisions to CMIA, mental health application information is defined as information related to a consumer’s inferred or diagnosed mental health or substance use disorder, as…
Dobbs and Privacy: President Biden’s Executive Order and OCR HIPAA Guidance
In response to the United States Supreme Court decision in Dobbs vs. Jackson Women’s Health Organization, President Joe Biden signed an Executive Order on Friday, July 8, 2022, designed to protect access to reproductive health care services. In addition to measures seeking to safeguard access to abortion and contraception, the Executive Order includes provisions…