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Read need-to-know updates, commentary, and analysis on Communications & Media issues written by leading professionals.

Press Release Mistake Leads to $2.4 Million HIPAA Penalty for Health System

by Nossaman LLP on

On May 10, 2017, the U.S. Health and Human Services Department Office for Civil Rights (“OCR”) announced an agreement whereby Memorial Hermann Health System (“MHHS”) will pay a $2.4 million penalty for releasing a patient’s...more

WannaCry Global Ransomware Attack

A global ransomware attack began early last Friday and has affected businesses and government entities in 150 countries, including Britain’s national health system, FedEx, Spain’s Telefónica, and the Russian Interior...more

Take-Aways from WannaCry

We have read multiple reports on WannaCry and if you are reading this and don’t know what WannaCry is, Google it for the background story. The clear message is this is not the last major attack we will see, and future attacks...more

Privacy Tip #88 – The Challenge of Keeping Up with Patches

Over the past week, many clients and individuals have asked me why some companies and health care facilities were devastated by the WannaCry ransomware, and why others made it through the weekend without a blink of an eye....more

Doctor, Doctor, Give Me the News, I’ve Got a Bad Case of Medical App Blues: Mobile Medical Application Developers Settle with New...

by Arnall Golden Gregory LLP on

The New York Office of the Attorney General recently announced settlements with developers of three mobile health applications due to misleading claims and deficient privacy practices. As a result of these settlements, the...more

WannaCry Ransomware Attack: What Happened and How to Address

by Seyfarth Shaw LLP on

Recently, a widespread global ransomware attack has struck hospitals, communication, and other types of companies and government offices around the world, seizing control of affected computers until the victims pay a ransom. ...more

WannaCry Ransomware Update

On Saturday May 13, 2017 the Federal Bureau of Investigations (FBI), Cyber Division, in conjunction with the Department of Homeland Security issued an FBI FLASH report pertaining to indicators associated with the latest...more

Wireless HealthHealthcare Services Provider’s $2.5m Settlement Demonstrates Why Understanding HIPAA Requirements Is a Must

by Dickinson Wright on

The U.S. Department of Health and Human Services Office for Civil Rights (OCR) announced a $2.5 million Health Insurance Portability and Accountability Act of 1996 (HIPAA) settlement with CardioNet, which is a company that...more

Global Ransomware Attack Makes Healthcare Organizations Wanna Cry

As has been widely reported, on May 12, 2017, organizations around the world, including Britain’s National Health Service, found their data held hostage by actors using a new variant of ransomware called WannaCry. According...more

The Past, Present, and Future of Government Regulation of Off-Label Communications – Part 2

In my last post, I introduced a series of posts that will explore FDA’s historical approach to off-label drug and device communications, how that position has evolved (or not) to the modern day, and predict where that policy...more

NIST Releases Draft Cybersecurity Guidance for Wireless Infusion Pumps

The National Institute of Standards and Technology (NIST) announced this week that it has issued draft cybersecurity guidance for hospitals to consider when using infusion pumps, particularly since infusion pumps are no...more

HHS Plans To Launch Cybersecurity Center Focused On Medical App Security

by Dentons on

The US Department of Health and Human Services (HHS) announced on April 20 that it plans to launch a cybersecurity initiative modeled on the US Department of Homeland Security’s National Cybersecurity and Communications...more

Health Alert (Australia) 8 May 2017

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: 2 May 2017 - Australian Competition and Consumer Commission v Social-Lites Pty Ltd [2017] FCA 398 - TRADE PRACTICES – misleading...more

Verizon 2017 Data Breach Investigation Report Released

We follow the Verizon Data Breach Investigation Report each year. It just hit the news stand and as always, is full of insights. The report collected data from 65 organizations in 84 countries, including 42,068...more

To DPO or Not to DPO: Revised Guidance Issued on Data Protection Officers Under GDPR

by Ballard Spahr LLP on

If you are a hospital processing European Union (EU) patient data, if you maintain EU customer loyalty programs, or if you engage in behavioral advertising of EU citizens, you may be required to appoint a data protection...more

FBI Warns Cyber Criminals Are Targeting Unsecured FTP Servers In The Healthcare Industry

by Dentons on

On March 22, 2017, the FBI issued a Private Industry Notification, warning that criminal actors are actively targeting File Transfer Protocol (FTP) servers operating in “anonymous” mode and associated with medical and dental...more

FBI Warns of Cyber Threat in Healthcare Sector

The FBI is warning the healthcare sector of a new cyber threat. In a Notification issued last week, the FBI said that it is “aware of criminal actors who are actively targeting” protected healthcare information (“PHI”) and...more

Class Action Initiated Against Telehealth Provider for Disclosure of Sensitive Information

A class action was filed in Fort Lauderdale, Florida this week against a national telehealth provider, MDLive Inc. (MDLive) for its mobile app’s alleged secret capture of screenshots containing sensitive patient information...more

First HIPAA Settlement Involving Wireless Health Services Provider

by Poyner Spruill LLP on

We have previously written that the Internet of Things continues to spawn new cybersecurity and privacy concerns. These vulnerabilities have already served as plot devices for shows such as Homeland. Now, the U.S. Department...more

4,229 Psychiatric Patients’ Records Hacked

Bangor Health Center, a psychiatric practice located in Bangor, Maine, has notified 4,229 patients that a hacker from Moldova has accessed their psychiatric records, including names, addresses, Social Security numbers,...more

OCR Settles First Case With Wireless Provider for $2.5 Million

Touted as the first OCR settlement with a wireless health services provider, the OCR announced on April 24, 2017, that it has settled alleged HIPAA violations with CardioNet, based in Pennsylvania for $2.5 million....more

New York Regulators Lead the Charge to Fill Health Data Protection Gaps Left by Federal Law

by Hogan Lovells on

New York AG Settles Data Protection Enforcement Against Mobile Health Apps - After a year-long investigation into mobile health apps claiming to be able to measure vital signs or health indicators through smartphone...more

Health Alert (Australia) April 24, 2017

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: 11 April 2017 - Medical Board Of Australia and Nuttall [2017] WASAT 58 - National Law - Professional misconduct - Advice - Lacking...more

Healthcare Advisory: HHS Announces First Settlement with a Wireless Health Services Provider

by Sherman & Howard L.L.C. on

On April 24, 2017, the Department of Health and Human Services, Office of Civil Rights (“OCR”), announced its first settlement with a wireless health services provider, CardioNet, Inc., for alleged violations of the Health...more

.Health: What You Need to Know About the Internet’s Newest Domain Name

by Carlton Fields on

On May 8, the new .health Internet top-level domain opens up to members of the health care industry and will be awarded on a “first-come, first-served” basis. Below is what your organization needs to know about “.health.”...more

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