It is not the first time we have written about complaints, OCR settlements, and even jail time following snooping by hospital employees into patient records. For example, as COVID raged, an investigation showed that for approximately 10 months ending in February, 2021, an employee at a California state hospital improperly accessed approximately 2,000 individuals’ COVID-19
Texas Tightens State’s Data Breach Notification Law
On May 27, 2023, Texas’ Governor signed Senate Bill 768 amending Texas’ data breach notification law. The law in question, Section 521.053 of the Texas Business and Commerce Code, sets out the specific requirements any person conducting business in the state who owns or licenses sensitive personal information in a computerized format must follow in
NJ Mental Health Provider’s Response to Negative Online Reviews Costs Practice $30,000 in OCR Penalty
Unhappy consumers, including patients, are free to express dissatisfaction with services they receive from providers on popular social media or online review platforms, such as Yelp and Google. At least in the healthcare industry, providers must be very careful when responding, if they respond at all.
“OCR continues to receive complaints about health care
Montana Passes 9th Comprehensive Consumer Privacy Law in the U.S.
On May 19, 2023, Montana’s Governor signed Senate Bill 384, the Consumer Data Privacy Act. Montana joins California, Colorado, Connecticut, Indiana, Iowa, Tennessee, Utah, and Virginia in enacting a comprehensive consumer privacy law. The law is scheduled to take effect on October 1, 2024.
When
NYSDFS Fines Lender and Mortgage Servicer $4.25M for Cybersecurity Failures Including Vendor Management
Yesterday, New York’s Department of Financial Services (“DFS”) announced another enforcement action under the state’s Cybersecurity Requirements for Financial Services Companies, 23 N.Y.C.R.R. Part 500 (“Reg 500”). According to the press release, OneMain Financial Group LLC (“OneMain”) will pay a $4.25 million penalty to New York State for alleged violations of Reg 500.
In the
Tennessee Enacts Comprehensive Consumer Privacy Bill
On May 11, 2023, Tennessee’s Governor signed Senate Bill 0073, the Tennessee Information Protection Act, making the state the eighth state to pass consumer privacy legislation. Tennessee joins California, Colorado, Connecticut, Indiana, Iowa, Utah, and Virginia which have previously passed consumer privacy statutes.
Tennessee’s law will take
Failure to Follow OCR HIPAA Technical Assistance Results in $15,000 Settlement for Small Provider
We have written several times about U.S. Department of Health and Human Services Office for Civil Rights’ “HIPAA Right of Access Initiative.” In its most recent enforcement action under the Initiative, the 44th such enforcement action, the OCR investigated a complaint made against a psychotherapist concerning the alleged refusal to provide medical records. Ultimately, and
A New Low For Hackers – Threatening to Disclose Patient Medical, Mental Health Records as Ransom for Payment
Ransomware is a scary term for many business leaders and CISOs who dread being hit with a malware attack that locks up their data and could shut down operations. They expect to find that oddly-worded ransom note advising how they could recover access to their data, for a sizable fee of course. For a variety
Reminder: The FTC “Safeguards Rule” Compliance Date is Next Month
The Federal Trade Commission updated its “Standards for Safeguarding Customer Information” (“Safeguards Rule”) and extended the compliance deadline to June 9, 2023. Some entities still may be wondering – “Do these regulations apply to my business?” and “What do I have to do?”
Back in 2021, we provided a high-level summary of the Safeguards Rule
Indiana Beats Montana and Tennessee to be the 7th State with a Comprehensive Consumer Privacy Law
On May 1, 2023, Governor Holcomb signed Senate Bill 5, Indiana’s comprehensive privacy statute (The Act). the Act will become operative on January 1, 2026, and make Indiana the seventh state, after California, Colorado, Connecticut, Iowa, Utah, and Virginia to enact a comprehensive consumer privacy statute.
Indiana beat Montana