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…
Shredding and Data Destruction Companies – A HIPAA-Covered Entity’s Best Friend
We recently reported here that the Department of Health and Human Services (HHS) is issuing proposed regulations to implement statutory amendments under the Health Information Technology for Economic and Clinical Health Act (the “HITECH Act”). These proposed regulations contain a number of important points to think about for HIPAA covered entities (and business associates…
HHS to Issue Proposed Regulations Concerning HITECH
The Department of Health and Human Services announced this morning that it will be issuing a notice of proposed rulemaking to begin implementing the recent statutory amendments under the Health Information Technology for Economic and Clinical Health Act (“the HITECH Act”). According to HHS, the proposed regulations (pdf), set to be published July 14, 2010, are designed to strengthen…
Does Your “Cyber” or “Data Breach” Insurance Cover What You Think It Does?
As companies struggle with the risks and exposures related to data breaches, insurance can be an important part of an overall risk management strategy – so long as it is the right insurance.
Insurance carriers are offering products that purport to address this type of risk. Such insurance can be particularly important to businesses for…
“Medical Privacy a Fundamental Right” – Five California Hospitals Fined for Failing to Secure that Right
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…
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…