Likely because most victims comply with their demands, the incidence of attacks by ransomware hackers has exploded in 2016. Guidance issued by the U.S. Department of Health and Human Services (“HHS”) in July notes that, on average, there have been 4,000 reported ransomware attacks per day thus far in 2016, far exceeding the average of
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.
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
Check Your Spam Filter, You Might Have Been Selected for a HIPAA Audit!
Yesterday, the federal Office for Civil Rights (OCR) announced Phase 2 of its HIPAA Audit Program (Program). In its announcement, the OCR reports that the Program is underway and provides some helpful FAQs for covered entities and business associates about the Program. Preparation is critical and there are some key points covered entities and business
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
HIPAA Covered Entities Not Responsible For Intercepted Transmission of PHI When Individual Requested Unsecured Transmission, Office for Civil Rights Concludes
Earlier this month, the Office for Civil Rights (OCR) issued guidance on an individual’s right to access the individual’s health information. That an individual has a broad right to access has been recognized in the HIPAA privacy regulations since they became effective in 2003. OCR has found, however, that individuals are facing obstacles to accessing
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
Million Dollar HIPAA Settlements Are About Compliance, Not Harm to Individuals
In the last two weeks, the Office for Civil Rights (OCR) announced two substantial settlements under HIPAA that together totaled $4.35 million. These large amounts seem to be driven not by actual harm to individuals, but in significant part by alleged HIPAA compliance failures identified by OCR following investigations commenced in response to receipt of
Healthcare Worker Gives New Employer Patient Records, Old Employer Pays $15,000 to NY Attorney General For HIPAA Violation
One of your employees discloses your organization’s patient information to a soon-to-be new employer for use in generating business at the new employer’s competing business, and your company has to settle with the New York State Attorney General for HIPAA violations. Make sense?
This is what happened according to a published settlement agreement (pdf) that
HIPAA Phase 2 Audits to Start in Early 2016, OCR States In Response to OIG Recommendations
Responding to a Department of Health and Human Services Office of Inspector General (OIG) report recommending stronger oversight of covered entities’ compliance with the HIPAA Privacy Rule, the Office for Civil Rights (OCR) stated that in early 2016 it will launch Phase 2 of its audit program measuring compliance with HIPAA’s privacy, security and breach