As reported by the American Bar Association and PHIprivacy.net, lawyers, accountants, health care providers and others soon may get some clarity as to whether the "red flag" rules apply to them. The United States Senate voted unanimously to pass the Red Flag Program Clarification Act of 2010. Under the Act, according to statements from Sen.
Written Information Security Program
Doctors’ Orders Through Your Cell Phone?
“Washington Post” Voxiva “mobile phone”…
Continue Reading Doctors’ Orders Through Your Cell Phone?
Employees Protected from Retaliation When Raising Concerns about HIPAA and Data Security
In March 2010, we reported on a decision by the U.S. District Court for the District of New Jersey that allowed an employee’s retaliation claim to proceed to trial under the New Jersey Conscientious Employee Protection Act (“CEPA”) on the ground that he was engaged in protected whistle blowing activity – voicing concerns regarding his employer’s …
Federal Agencies Tighten Data Security Screws on Federal Contractors
Federal contractors are subject to numerous requirements under federal law and, as we have previously highlighted here, need to keep pace with changes in law and regulation.
Under the Federal Information Security Management Act of 2002 (FISMA) each federal agency is required to develop, document, and implement an agency-wide program to provide information security …
Data Privacy and Security Primer for Law Firms
A UK law firm may find itself subject to significant penalties following reports of a data breach affecting thousands of people. The recent 2010 ABA Annual Meeting in San Francisco devoted two sessions to the topic, specifically dealing with “cloud computing,” and the risks and ethical issues it raises for law firms. As data privacy and security risks…
Complimentary Webinar – Massachusetts Data Security Regulations: A Plan for Compliance
Beginning March 1, 2010, businesses will be required to safeguard from identity theft and other dangers personal information about Massachusetts residents under a “written information security program” or WISP. Similar requirements exist in other states around the country, although those requirements generally are not as comprehensive as those becoming effective in the Bay state.…
The Fundamentals of a Risk Assessment
The most frequent question we hear from clients who want to develop or tighten their data privacy and security policies and procedures: Where do we start?
In most cases, the first step for the group charged with this task is to understand the organization’s "information risk." This means, in short, examining what information the company has…
Rite Aid Agrees to $1 Million Payment to HHS Concerning Potential HIPAA Privacy Violations
Rite Aid Corporation and its affiliates have agreed to pay $1 million to settle potential violations of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule, the U.S. Department of Health and Human Services (HHS) announced today. At the same time, Rite Aid signed a consent order with the Federal Trade Commission (FTC)…
HHS Announces Final EHR Regulations Charting Path to Billions in Incentives for Providers and Hospitals to Adopt EHR Systems
U.S. Department of Health and Human Services Secretary Kathleen Sebelius has announced final rules for eligible health care professionals and hospitals to qualify for a portion of the $27 billion or so in Medicare and Medicaid incentive payments for implementation and meaningful use of certified electronic health records (EHR). Many are concerned these incentives will…
Proposed HITECH Regulations: Will Subcontractors of Business Associates Be Subject to the HIPAA Privacy and Security Rule?
Further to our discussions of the proposed regulations to implement statutory amendments under the Health Information Technology for Economic and Clinical Health Act (the “HITECH Act”), we summarize here a proposed changed to the definition of “business associate.” A significant part of the “HIPAA community” (covered entities, business associates and their agents and subcontractors) already…