Businesses across many industries naturally want to showcase their satisfied customers. Whether it’s a university featuring successful graduates, a retailer highlighting happy shoppers, or a healthcare facility showcasing thriving patients, these real-world testimonials can be powerful marketing tools. However, when it comes to healthcare providers subject to HIPAA, using patient images and information for promotional
Health Fitness, OCR’s Risk Analysis Initiative, and the ERISA Fiduciary Duty to Select Plan Service Providers
On Friday, the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR) announced the fifth enforcement action under its Risk Analysis Initiative. In this case, OCR reached a settlement with Health Fitness Corporation (Health Fitness), a wellness vendor providing services to employer-sponsored group health plans.
This announcement is interesting for several…
Industry Groups Urge Rescission of Proposed HIPAA Security Rule Updates
In February, a coalition of healthcare organizations sent a letter to President Donald J. Trump and the U.S. Department of Health and Human Services (HHS) (the Letter), urging the immediate rescission of a proposed update to the Security Rule under HIPAA. The update is aimed at strengthening safeguards for securing electronic protected health information.…
Happy Privacy Day: Emerging Issues in Privacy, Cybersecurity, and AI in the Workplace
As the integration of technology in the workplace accelerates, so do the challenges related to privacy, cybersecurity, and the ethical use of artificial intelligence (AI). Human resource professionals and in-house counsel must navigate a rapidly evolving landscape of legal and regulatory requirements. This National Privacy Day, it’s crucial to spotlight emerging issues in workplace technology…
Patient’s Request for Records Uncovers Dental Practice’s Ransomware Attack, Leading to $350K Settlement
The Indiana Attorney General Office (OAG) filed a detailed complaint on December 23, 2024 (Complaint) which arose out of the following patient complaint:
The OAG received a consumer complaint stating that the consumer had contacted Arlington Westend Dental on multiple occasions to receive copies of their x-rays, but Arlington Westend Dental stated it no longer…
OCR Proposed Tighter Security Rules for HIPAA Regulated Entities, including Business Associates and Group Health Plans
As the healthcare sector continues to be a top target for cyber criminals, the Office for Civil Rights (OCR) issued proposed updates to the HIPAA Security Rule (scheduled to be published in the Federal Register January 6). It looks like substantial changes are in store for covered entities and business associates alike, including healthcare providers…
Florida Healthcare Provider Faces $1.19M HIPAA Penalty Following Independent Contractor Breach
A healthcare provider delivering pain management services in Florida and other states faces a $1.19 million civil monetary penalty from the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR). The OCR investigation stems from a data breach, but not the type of breach we are used to seeing in…
Key Takeaways for Healthcare Providers Following HHS OCR’s Most Recent Ransomware Investigation
Announcing its fourth ransomware cybersecurity investigation and settlement, the Office for Civil Rights (OCR) also observed there has been a 264% increase in large ransomware breaches since 2018.
Here, the OCR reached an agreement with a medium-size private healthcare provider following a ransomware attack relating to potential violations of the HIPAA Security Rule.
Investigation of AI Training by Australian Radiology Provider Provides Important Reminder for U.S. Healthcare Providers
If there is one thing artificial intelligence (AI) systems need is data and lots of it as training AI is essential for achieving success for a given use case. A recent investigation by Australia’s privacy regulator into the country’s largest medical imaging provider, I-MED Radiology Network, illustrates concerns about the use of medical data to…
New HIPAA Final Rule Imposes Added Protections for Reproductive Health Care Privacy
On April 22, 2024, the federal Department of Health and Human Services’ Office for Civil Rights (OCR) announced a final rule enhancing privacy protections relating to reproductive health care. Specifically, the final rule amends the Privacy Rule under the Health Insurance Portability and Accountability Act (HIPAA) to, among other things, establish new limits on the…