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FIO Focus, Issue No. 48

Congressional Hearing on Capital Requirements for Insurers Subject to Federal Reserve Regulation On March 11, 2014, the Subcommittee on Financial Institutions and Consumer Protection of the U.S. Senate Committee on...more

Belgium: Beware Of The Barking Privacy Watchdog, She’s Biting

The quietness in the privacy landscape in Belgium is about to drastically change. Reason for the change of pace are the recent major data breaches that were published by the media. The Privacy Commission announced it will...more

Health Insurer Fined Unprecedented $6.8 Million for HIPAA Violations

Federal fines for violations of the Health Insurance Portability and Accountability Act (HIPAA) may not exceed $1.5 million per incident per year. That's already a big number to think about — but employers also need to...more

Unique Data Breach Settlement – A Sign Of Things To Come?

A judge in the United States District Court for the Southern District of Florida has approved a $3 million data breach class action settlement agreement between AvMed, Inc. and plaintiffs. The settlement arises out of a...more

Triple-S Socked with $6.8 Million Sanctions for PHI Breach

Triple-S, an insurance holding company and subsidiary of Triple-S Management Corporation, was notified by the Puerto Rican Health Insurance Administration (“HIA”) that HIA would pursue penalties against Triple-S for its...more

Cyber breach insurance: What, me worry? - Part of counsel’s job may be to ensure that the department in the company that “owns”...

One of us recently asked an in-house counsel friend in charge of litigation for a major company what questions he had about cyber insurance. His response, besides a blank look, was “I’m sure someone else in the company...more

Insurance Coverage for "Unauthorized Recording" Privacy Lawsuits

A California law against unauthorized recording is spawning consumer class action lawsuits against companies across the country. The statute provides for a $2,500 fine per violation and potential imprisonment for a "person...more

Interagency Initiative Targets Consumer Fraud in the ACA Exchange Marketplace

Yesterday, the Attorney General, the Secretary of the Department of Health and Human Services (HHS), and the Chairwoman of the Federal Trade Commission (FTC) announced an interagency initiative to prevent consumer fraud and...more

New York Investigates Insurance Companies’ Cyber Security

On May 28, New York Governor Andrew Cuomo announced an inquiry into the measures employed by insurance companies to protect their customers and companies from cyber threats....more

HHS Empowers Consumers to Know (and Enforce) their Rights Under HIPAA

The U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) published on its website a series of factsheets designed to educate consumers unfamiliar with their rights under the Health Insurance...more

Cyber Risk Insurance May Cost More Than You Think

Since 2003, all but four states have enacted laws concerning data breaches and the protection of consumers’ personal information. This regulation of electronic data containing personal information and the protection of such...more

Special Edition: Health Law Update - February 28, 2013

In This Issue: - A Baker's Dozen of Significant Changes From the HIPAA/HITECH Rule 1. Business Associates and Subcontractors 2. Breach Notification 3. Covered Entity Organizational Structures 4. Cloud...more

HIPAA Omnibus Final Rule Imposes New Obligations on Business Associates

On January 25, 2013, the Department of Health and Human Services/Office for Civil Rights (HHS/OCR) published in the Federal Register (78 Fed. Reg. 5566) the long-awaited final rule titled Modifications to the HIPAA Privacy,...more

The Omnibus Final HIPAA Rule Is Here

On January 17, 2013, the Office of Civil Rights of the U.S. Department of Health and Human Services (HHS) announced the omnibus final rulemaking (Omnibus Rule). According to HHS, this Omnibus Rule is needed to strengthen...more

HHS Issues HIPAA/HITECH Omnibus Final Rule Ushering in Significant Changes to Existing Regulations

"Sweeping changes" is how Leon Rodriquez, of the Department of Health and Human Services Office of Civil Rights (OCR), characterized the effect of the final omnibus Health Insurance Portability and Accountability Act (HIPAA)...more

HHS Issues New HIPAA Rules

On January 17, the Department of Health and Human Services (HHS) issued a new rule under the Health Insurance Portability and Accountability Act (HIPAA). The omnibus rule is intended to enhance patient privacy protections,...more

New HIPAA Breach Notification Rule May Prove Costly for HIPAA-Covered Entities

On January 17, 2013, the U.S. Department of Health and Human Services (HHS) announced a final omnibus rule amending the Health Insurance Portability and Accountability Act of 1996 (HIPAA) in accordance with the HITECH Act of...more

OCR Releases Sample Business Associate Agreement Provisions

The Department of Health and Human Services, Office for Civil Rights (OCR) has posted on its website sample business associate agreement provisions to help covered entities and business associates comply with the new business...more

HHS OIG Takes Aim At CMS’ Oversight Of Electronic Health Records Incentive Program

On November 29, 2012, the U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG) issued a report raising concerns about the Centers for Medicare and Medicaid Services’ (CMS) oversight of the...more

The TCPA- US Court Of Appeals For The Eighth Circuit Holds Insurer Liable For $2 Million Verdict

Owners Ins. Co. v. European Auto Works, Inc., No. 11-3068, 2012 WL 4052406 (8th Cir. Sept. 17, 2012). At issue in the declaratory judgment action filed by Owners Insurance Company against European Auto Works, Inc. was...more

Five Credit Counseling Compliance Tips and Best Practices for the New Year

With the start of the New Year, it's time for credit counseling agencies to think about ways to enhance legal and regulatory compliance. Here are some tips on topics that you may not know about. 1. Reduce the Threat of...more

TCPA Claims Arising From Junk Faxes Do Not Allege Unexpected or Unintended 'Property Damage'

U.S. District Court for the Northern District of Illinois In Maxum Indem. Co. v. Eclipse Mfg. Co., ___ F.Supp.2d ___, (N.D. Ill. June 13, 2011), the U.S. District Court for the Northern District of Illinois held that...more

Sony insurer challenges cyber liability claim; denies coverage

There is little doubt that the insurance industry will be seeing increased claims from insureds facing “cyber liability”. Insurers responding to such claims need to turn their minds to coverage issues for...more

And the New HIPAA Cop Is … HHS Appoints Contractor to Conduct HIPAA Privacy and Security Audits

On June 10, 2011, the Department of Health and Human Services (HHS) awarded to KPMG a $9.2 million contract to create an audit protocol and then audit covered entities’ and business associates’ compliance with the privacy and...more

The California Supreme Court Issues Unanimous Opinions Addressing Insurance, Consumer Protection and ADR

• Insurance – In Century-National Ins. Co. v. Jesus Garcia, the court held that a fire insurance policy could not exclude coverage for innocent insureds because of the intentional acts of another insured; in this case the...more

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