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Blog: Implications of the Cybersecurity Bill for the Health Care Industry

On Tuesday the Senate passed the Cybersecurity Information Sharing Act (CISA). The House had passed a similar bill, the Protecting Cyber Networks Act, in April of this year. The Act comes in the wake of many large scale data...more

Hacking Your Health: For Healthcare Providers, Risk Analysis Must Be Ongoing

Healthcare providers would be wise to keep in mind that if a patient is harmed by a hacked medical device, Exhibit A in the negligence suit against them may be that provider’s risk analysis, or lack thereof....more

FDA Issues Unprecedented Alert Over Medical Device Cyber Security Risk

A fictional cyber-terrorist weaponizing a medical device by hacking into it has become a familiar plot premise in recent Hollywood dramas.  Unfortunately, the risk of harm from medical device hacking has now become an...more

NIST releases draft guide for use of mobile devices for medical providers

The National Institute of Standards and Technology (NIST) cybersecurity center released a draft guide last week for health IT professionals to use to bolster security for the use of mobile devices in the health care industry....more

Connecticut Imposes New Data Security Obligations

New law will require consumer breach notice within 90 days, identity theft protection for consumers,“kill switch” for smartphones, and implementation of data security programs for certain health providers, state agencies and...more

Blog: Class Action Following Health Information Data Breach

As we discussed in our previous post, Premera Blue Cross (Premera) recently revealed that it suffered a massive data breach potentially exposing the personal data of 11 million customers. ...more

Also In The News - Health Headlines Jan 2015 #4

CMS Administrator Marilyn Tavenner to Resign in February – CMS Administrator Marilyn Tavenner announced on January 16, 2015 that she will resign her position at the end of February. Tavenner has served in her position since...more

Obama Administration the Target of Hackers; Former Administration Official Recipient of Subpoena Related to Cybersecurity

The Obama Administration's handling of cyber and data security was recently brought into question due to two distinct security incidents. On the same day that a former Administration official received a subpoena related to...more

Ex Parte Communications between Treating Physician and Attorneys

Under HIPAA, physicians are permitted to disclose “protected health information” to their attorneys for purposes of their own healthcare operations. This allows physicians sued by patients for malpractice to provide their...more

Audit Log Discovery As A Feature Of The Electronic Medical Record

The increased use of electronic medical records ("EMR") is changing not only the way physicians practice medicine but also the way discovery is conducted in medical malpractice lawsuits. Plaintiffs' attorneys seek to...more

Data Management for Health Care Organizations: Is Your Head in the Sand? The Data Is Not There

It is virtually inevitable that health care companies will be called upon to preserve, collect, review and produce some portion of their electronic records. Health care companies face unique and complex challenges as they...more

Memo on HHS's NPRM: HIPPA Privacy Rule Accounting of Disclosures and Access Reports

On May 31, 2011, the Department of Health and Human Services (“Department”) issued a Notice of Proposed Rulemaking (“NPRM”) as authorized by the HITECH Act of 2009. Primarily, the proposed changes...more

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