Health Information Technology

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The Office of Civil Rights of the U.S. Department of Health and Human Services (“HHS”) has published its first round of annual reports to Congress under the HITECH (Health Information Technology for Economic and Clinical Health) Act of 2009 to Congress. The first report concerns HHS’s HIPAA (Health Insurance Portability and Accountability Act of 1996)…

The U.S. Department of Health and Human Services’ (HHS) announced proposed changes to the HIPAA Privacy Rule to implement new requirements concerning individuals’ rights to access reports and accountings of disclosures of their protected health information. The announcement seeks comments from the public as the agency hopes to craft the law so as to provide the greatest transparency for individuals with respect to access to and disclosures of their PHI, while minimizing the burden on covered entities and business associates.
Continue Reading HHS Announces Proposed Changes to HIPAA Privacy Rule

Government report says HIPAA enforcement not sufficient to protect electronic health information and recommends more audits. The result may be more “compliance reviews,” audits, for covered entities and business associates.
Continue Reading HHS’ Office of Inspector General Recommends More HIPAA Audits

Last month, the Federal Trade Commission’s Bureau of Consumer Protection posted FAQs on its website to guide health care providers and health plans when their patients and subscribers are affected by medical identity theft. 

When most people hear about an identity theft or a data breach, they typically think about credit card data or Social Security…

As employees become more savvy with electronic communications and employers face increasing challenges with controlling vast amounts of data, the circumstances in this recent San Francisco Examiner story are likely being repeated all over the country – employee takes company information to support her wrongful termination case.
Continue Reading Employers Beware: Aggrieved Employee Commits Data Breach Affecting 2400 Individuals

The demand for "data breach" insurance appears to be growing based on our experiences, as well as commentary such as a recent article by Pamela Lewis Dolan of American Medical News.

As we’ve reported, data breach coverage is something quite different than traditional "cyber-risk" coverage which tends to address "hazards such as unauthorized Web site access, online…

CDPH’s data privacy enforcement activity continues, this time affecting 6 hospitals and a nursing home with total penalties approaching $800,000.
Continue Reading California Department of Public Health Continues to Fine Hospitals and Nursing Homes for Data Breaches

What had been the first use of the enforcement authority under the HIPAA privacy regulations granted to a State Attorney General, has ended in a settlement agreement between Connecticut’s Insurance Department and Health Net of Connecticut. Under the agreement, Health Net will pay $375,000 in penalties, and it agreed to provide credit monitoring protection for 2 years to all affected persons in Connecticut…