About two years ago, President Obama signed an executive order on the date that he delivered his State of the Union address which directed certain federal agencies to develop voluntary standards for achieving cybersecurity. Preparing for his 2015 State of the Union address, Bloomberg and other news outlets are reporting this morning that President Obama
Indiana Attorney General Enforces HIPAA For First Time – Another Lesson for Small Business
As we reported, state Attorneys General have authority to enforce the privacy and security regulations under the Health Insurance Portability and Accountability Act (HIPAA), pursuant to the authority granted under the Health Information Technology for Clinical and Economic Health (HITECH) Act. Shortly after announcing plans to seek legislation requiring stronger protections for personal and…
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…
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…
OCR Issues Ebola Guidance on HIPAA Privacy
According to the New York Times, Bellevue Hospital Center patient Craig Spencer, the first New Yorker to be infected with Ebola, is scheduled to be released today. And while the intense reporting about Ebola has subsided, perhaps indicating a lowering of the perceived threat of Ebola spreading further in the U.S. (although many continue…
Negligence Claims for Breach of Patient Privacy Not Preempted by HIPAA, Connecticut Supreme Court Holds
Healthcare providers continue to have challenges with responding to attorney requests for information and subpoenas. We highlighted some of these last year, along with some issues providers should be considering to help meet those challenges. In this case, after the patient advised the provider not to disclose her PHI to her significant other, the…
Re-Emphasis on Third-Party Service Provider Security In Financial Services…A Reminder for All Businesses
A New York Times article earlier this week reported that top officials at the Treasury Department have identified a key area for strengthening data security – third-party service providers. Reuters reported that on Tuesday of this week New York State Department of Financial Services superintendent, Benjamin Lawsky, sent a letter to a number of…
Ebola Presents Significant Workplace Challenges
We addressed the dangers of “snooping” into patient records by hospital workers spurred by incidents of Ebola and Enterovirus D-86 in the U.S. Of course, the workplace challenges created by Ebola, Enterovirus D-86 and other contagious diseases and illnesses in the workplace go far beyond snooping, and far beyond healthcare employers. Employers in all industries…
Data Breach Notification Deadline Extended 10 Days for Certain Healthcare Providers in California
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 …
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 …