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
Have You Obtained a HPID?
The Department of Health and Human Services (“HHS”) recently released guidance on the application process to obtain a Health Plan Identifier (“HPID”). A HPID is an all-numeric 10-digit identification number that many HIPAA-covered health plans are required to adopt by November 5, 2014. Think of a HPID like an EIN for health plans. HPIDs will
Medical Information Worth 10x More Than Credit Card Data On Black Market
When many people think about identity theft and data breaches, they tend to think about credit card data and bank accounts. This makes sense given the large-scale breaches in the news lately. However, Reuters reported last week that medical information is “worth 10 times more than [] credit card number[s] on the black market” a
HIPAA Privacy Rule Also Affected By Supreme Court’s DOMA Decision in U.S. v. Windsor
When the U.S. Supreme Court decided United States v. Windsor, it declared section 3 of the Defense of Marriage Act (DOMA) to be unconstitutional. For many companies, the decision meant changes to certain of their employee benefit plans, as well as the tax treatment of employee contributions for same sex spouses. However, declaring section
HIPAA Reminders – Business Associate Agreement Deadline and Continuation of OCR Audits
I recently had the pleasure of speaking to a great group at the Connecticut Assisted Living Association (CALA) about HIPAA and a range of related practical issues. Many covered entities and business associates, particularly those that are small businesses, continue to work on understanding the privacy and security standards, and how to best apply them
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
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
The K5 Autonomous Data Machine Might Soon Be Securing and Monitoring Your Business
Developed by Knightscope, the K5 Autonomous Data Machine is a 5 foot tall, 300 pound robotic device designed to be “a safety and security tool for corporations, as well as for schools and neighborhoods,” as reported by the New York Times. While K5 may not yet be ready for prime time, its developers
California Healthcare Provider Defeats Data Breach Class Action on Definition of Medical Information
In a victory for California healthcare providers, the California Court of Appeal recently held that a health care provider is not liable under California’s Confidentiality of Medical Information Act (CMIA) (Cal. Civ. Code, § 56 et seq.) when the health care provider releases an individual’s personal identifying information, but the information does