Employers faced with the inevitable task of terminating an employee’s employment often inquire whether to provide the employee with written reasons for the termination; or, if they are required to provide an explanation of the termination, they ask what should be included in the explanation. Except in a limited number of states (and except where
Use of HIPAA-Protected Personal Health Information by Employer Investigating FMLA Issue Not Barred
The 11th Circuit Court of Appeals has rejected the appeal of a former City of Daytona Beach Fire Inspector who argued that the City improperly used her “personal health information” to defend itself against her lawsuit for interference under the Family Medical Leave Act. In Bailey v. City of Daytona Beach Shores, the City
Cities And Counties Are Not Immune From HIPAA Enforcement, Skagit County, WA Pays $215,000
Skagit County, Washington, has agreed to settle potential violations of the privacy and security rules under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), according to an announcement by the Office for Civil Rights (OCR) on Friday. OCR reported that Skagit County, home to approximately 118,000 residents, agreed to a $215,000 monetary
HHS to Conduct Survey About Which HIPAA Covered Entities and Business Associates Should Be Audited
The Department of Health and Human Services announced on February 24 that it is seeking information about conducting a pre-audit survey. That is, it plans to conduct a “survey of up to 1200 [HIPAA] covered entities (health plans, health care clearinghouses, and certain health care providers) and business associates (entities that provider certain services to
New HIPAA Guidance Concerning Mental Health Records
Healthcare providers and their business associates frequently face difficult questions relating to when they are able to share protected health information with the family members and friends of the patients they serve. These questions often require consideration of a number of different laws and rules, such as HIPAA, Federal alcohol and drug abuse confidentiality regulations,
Puerto Rico Gets Serious About HIPAA – $6.8 million in penalties connected to data breach
Ricardo Rivera Cardona of the Puerto Rico Health Insurance Administration, intending to send a message by imposing the largest penalty to date ($6.8 million) arising out of a breach of protected health information under HIPAA, as reported by Infomation Security Media Group, is quoted as saying:
We are sending a message that we are
Increased Use of Medical Devices by Healthcare Providers Results in More Cyberattacks and Data Breaches
A study (registration required) by two data security firms, Norse in Silicon Valley and SANS, discussed in a recent L.A. Times article, confirms the concerns raised by the FDA and others about increased use of internet-connected medical devices by healthcare providers and the corresponding increase in the information systems of those providers being attacked,
Employee’s Unauthorized Texting of Confidential Health Information May Impose Employer Liability
Written by Jeffrey M. Schlossberg
When does a medical clinic’s employee’s unauthorized texting of patient confidential health information result in liability to the clinic? The answer; it depends.
In Doe v. Guthrie Clinic, Ltd., the Second Circuit Court of Appeals dismissed a patient’s claim against a medical corporation for alleged breach of fiduciary duty
Top 14 for 2014
In honor of National Data Privacy Day, we provide the following “Top 14 for 2014.” While the list is by no means exhaustive, it does provide critical areas businesses will need to consider in 2014.
- Location Based Tracking. As the utilization of GPS enable devices becomes more and more prevalent, employers are often faced
OCR Responds To Critical OIG Report About the Extent of OCR’s HIPAA Enforcement
A report issued by the Department of Health and Human Services Office of Inspector General (“OIG”) concludes that the Office for Civil Rights (“OCR”) did not meet all of its federal requirements for oversight and enforcement of the HIPAA Security Rule. While the report noted OCR met some of these requirements, it also found that: