HITECH

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HIPAA data breach affecting 441 patients leads to investigation resulting in $50K in penalties due to alleged lapses in security compliance.
Continue Reading Small HIPAA Breach (Affecting Fewer Than 500) Leads to Substantial Penalties

HIPAA audit following breach reported to OCR results in findings of noncompliance, settlement payment of $1.7 million and a three-year corrective action plan.
Continue Reading Alaska DHSS HIPAA Breach Affects 501 Individuals, But Results in $1.7 Million Settlement with HHS Following Compliance Review

Massachusetts service provider contract deadline – March 1, 2012 – should be a reminder to revisit all contracts with third party vendors to ensure they require the vendor to safeguard personal information.
Continue Reading Third Party Vendors Equal Data Breach Risk, Massachusetts Vendor Contract Deadline Approaches – March 1, 2012

If you have an interest in the role the growing use of mobile communications devices (smartphones, iPads, iPhones, etc.) will play in how personal health information is exchanged in the health care industry, the Office of the National Coordinator for Health Information Technology (ONC) is seeking your input. According to a notice published Nov. 1, 2011 (76 Fed. Reg. 67455), comments are due Dec. 31.
Continue Reading Provide Feedback to Government on Exchanging Health Information on Mobile Communications Devices

While years of lax enforcement may have lulled many HIPAA covered entities and business associates to not take HIPAA seriously, recent activities by HHS, including the recently announced nationwide enforcement training program for State Attorneys General should spur renewed efforts toward compliance.
Continue Reading HHS to Help Train State Attorneys General to Enforce HIPAA

CDPH’s data privacy enforcement activity continues, this time affecting 6 hospitals and a nursing home with total penalties approaching $800,000.
Continue Reading California Department of Public Health Continues to Fine Hospitals and Nursing Homes for Data Breaches

Indiana recently enacted a new law which grants authority to the Indiana Office of the Attorney General’s Identity Theft Unit to obtain and secure abandoned records with personally identifying information, including health records, and either destroy them or return them to their owners. Additionally, the new law sets fines and other legal ramifications for violations of…

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…