On June 10, 2010, the California Department of Public Health (CDPH) announced issuing administrative penalties and fines totaling $675,000 against five hospitals in the state. CDPH cites the facilities’ failure to prevent unauthorized access to confidential patient medical information as required under new legislation (Section 1280.15 of California’s Health and Safety Code)
Connecticut Attorney General Working on Second HIPAA Breach Investigation
Connecticut Attorney General Richard Blumenthal has commenced an investigation in a second case involving potential HIPAA violations by a worker at Griffin Hospital. This follows the suit commenced against Health Net for HIPAA violations following a data breach. As reported by George Gombossy of ctwatchdog.com, this would be the second time a state
New Challenges for HIPAA Business Associates Under ARRA and HITECH
Have you noticed that negotiating that business associate agreement has gotten a lot more difficult? Many companies that serve health care providers and health plans, generally known as business associates, have noticed. These companies include software vendors, benefits brokers, cloud computing providers, data storage/destruction companies, and accountants, among others.
The clients of these companies are
“Red Flags” Rule FTC Enforcement Deadline Pushed to December 31, 2010
The Federal Trade Commission announced it is further delaying its enforcement of the “Red Flags” Rule through December 31, 2010. This move comes at the request of several Members of Congress who want to further consider legislation that would clarify who is subject to the Rule.
Employers Get Guidance from Ohio Court on “FCRA” Background Check Notice Requirements
FCRA “Fair Credit Reporting Act” Burghy “Dayton Racquet Club, Inc.” FTC “Summary of Rights” “background check” “Pre-Adverse Action”
Continue Reading Employers Get Guidance from Ohio Court on “FCRA” Background Check Notice Requirements
Connecticut Woman Files First GINA Claim
ABC News has reported that a Fairfield, Connecticut woman, Pamela Fink, yesterday filed claims with the U.S. Equal Employment Opportunity Commission and the Connecticut Commission on Human Rights and Opportunities that her employer violated GINA when it terminated her employment on March 25, 2010. The federal Genetic Information Nondiscrimination Act (GINA) (pdf), which went into
Jail Time Under HIPAA for Snooping UCLA Doctor
Health care providers beware – curiosity about patients can put you in jail.
According to NBC News, Huping Zhou, a licensed cardiothoracic surgeon in China, who worked at the UCLA School of Medicine as a researcher, will serve four months in prison for snooping into medical records back in 2003. This follows Mr. Zhou’s guilty pleas
PEOs Face Significant Data Privacy and Security Challenges
We are honored that the National Association of Professional Employer Organizations (NAPEO), the largest national trade association for professional employer organizations (PEOs), recently published our article in its May 2010 edition of its PEO Insider publication, an important resource for any PEO.
PEOs no doubt provide valuable services for businesses across the country. However, in doing so, they generally have
Florida AG Settles Data Breach under “Deceptive and Unfair Trade Practices” Authority
On April 16, 2010, Florida Attorney General Bill McCollum announced a settlement (pdf) with Certegy Check Services, Inc. over how the company secures consumer records. The Attorney General’s enforcement action stems from a massive data breach by a former Certegy employee who stole personal identification information from approximately 5.9 million consumer files.
According to the
Mississippi Becomes 46th State to Enact a Data Breach Notification Law
With Mississippi enacting its own data breach notification law on April 7, Alabama, Kentucky, New Mexico, and South Dakota remain the only states without such a law. Mississippi Gov. Haley Barbour signed H.B. 583 making his state the 46th to enact a breach notification law. The law becomes effective July 1, 2011.
Like many breach