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Clouds, With A Nearly 100% Chance of a Business Associate Agreement

HHS recently posted guidance on its website addressing HIPAA’s approach to cloud computing. Basically, any time a cloud service provider has electronic protected health information (ePHI), it’s a business associate. This is...more

Federal Court Finds That 2015 TCPA Safe Harbor Applies to Automated Flu Shot Reminders

A recent decision from a federal court in California found that a retail pharmacy’s “flu shot reminder” calls to mobile phones fall within the FCC’s TCPA safe harbor for exigent health care treatment messages. But the holding...more

Sharing Consumer Health Information? Look to HIPAA and the FTC Act

Does your business collect and share consumer health information? Check out these tips from the FTC for complying with HIPAA and the FTC Act....more

St. Joseph Health Settles with OCR for $2.14 Million

The Office for Civil Rights (OCR) has announced that it has entered into a settlement with St. Joseph Health, which operates hospitals and nursing homes in California, Texas and New Mexico, for $2.14 million for alleged HIPAA...more

Employment Law This Week®: ACA Section 1557 Notice Requirements, Retaliation Under the ACA, Big Data Analytics, Sexual Orientation... [Video]

We invite you to view Employment Law This Week® - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that...more

HHS-OCR Announces Guidance On HIPAA Compliance And Cloud Computing

On October 6, 2016, the Department of Health and Human Services Office for Civil Rights (“OCR”) issued guidance on complying with HIPAA privacy, security, and breach notification rules when using cloud computing technology...more

Health Update - October 2016

Defining and Resolving the Provider Data Dilemma - Editor’s Note: Provider data drives the most fundamental processes in the healthcare system. Inaccurate provider data puts patient care and billions of dollars at risk....more

Failure Under the HIPAA Security Rule Costs $2.14 Million

On October 18, 2016, the Department of Health and Human Services, Office of Civil Rights (“OCR”) announced a $2.14 million settlement with St. Joseph Health (“St. Joseph”), a non-profit integrated Catholic healthcare delivery...more

Johnson and Johnson Insulin Pump Potentially Vulnerable to Cyber Attack

Johnson & Johnson recently warned its customers of a cybcersecurity issue with one of its insulin pumps, potentially leaving thousands of users vulnerable.  According to Johnson & Johnson’s letter, “a cybersecurity issue with...more

HHS Publishes Guidance on HIPAA and Cloud Computing

On October 7, 2016, the U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) published guidance to assist cloud service providers (CSPs) and their customers with HIPAA compliance. As discussed below,...more

U.S. Department of Education Issues Guidance on Student Medical Records

On September 14, 2016, the Department of Education (DOE) issued a “Dear Colleague Letter” to provide guidance on the application of the Family Educational Rights and Privacy Act (FERPA) to the disclosure of student medical...more

Just Around the Corner – HIPAA Audits for Business Associates

Financial organizations that are business associates can expect a wave of HIPAA desk audits to evaluate the HIPAA compliance efforts of business associates. These audits have a limited focus and are conducted by the U.S....more

Surgeon General Notifies Employees of Breach

According to the Surgeon General of the United States, the personal information of current, former and retired employees of the United States Public Health Service Commissioned Corps and their dependents has been compromised....more

The Tech Industry’s Next Frontier?

Tongue-in-cheek references to Pokémon Go as a health App aside, maybe the tech industry is on to something. In the U.S., seven out of every ten deaths are due to chronic diseases, such as diabetes or heart disease. Perhaps...more

OCR Issues Guidance on HIPAA and Cloud Computing

On October 7, 2016, the U.S. Department of Health and Human Services (“HHS”), Office for Civil Rights (“OCR”), released a guidance document (the “Guidance”) on the HIPAA-compliant use of cloud computing technologies. The...more

Central Ohio Urology Group Notifies 300,000 Patients of Breach

Approximately 300,000 patients of Central Ohio Urology Group have been notified that their protected health information has been stolen and posted online. Although the actual date of the hacking has not been released,...more

New Tools Help Providers Become Smarter Users of Electronic Health Records Systems

Healthcare providers excel at providing care to their patients, not designing IT strategies. Even so, with the trend toward value-based payments increasing, more healthcare providers have turned to electronic health records...more

The Cloud Grounded: Cloud Hosts Are Business Associates Under HIPAA Security Rule

The Department of Health and Human Services Office for Civil Rights (OCR) issued long-anticipated guidance to help covered entities and their business associates — including cloud service providers (CSPs) — comply with the...more

16 data breach class action lawsuits filed again 21st Century Oncology consolidated

We previously reported that 21st Century Oncology suffered a data breach in October 2015 involving an intrusion into its systems which compromised around 2 million patients’ records, including their names, Social Security...more

OCR Releases HIPAA Guidance on Cloud Computing

On October 6, 2016, the Department of Health and Human Services Office for Civil Rights (OCR) released HIPAA guidance on cloud computing (Guidance). The Guidance is intended to help covered entities and business associates...more

Washington Healthcare Update

This Week: Congress remains in recess, but members write letters on Mylan’s EpiPen…CBO says repealing Part B Demo would cost $395 million…CMS releases data on hospice utilization and finds spending and utilization vary in...more

HHS Issues Cloud Computing Guidance Which Is Helpful To All Users of Cloud Services

Last week, the Department of Health and Human Services’ Office for Civil Rights (OCR) provided guidance for HIPAA covered entities and business associates that use or want to use cloud computing services involving protected...more

GAO Study Slams HHS For Lack of Guidance to Covered Entities

We watch closely for any guidance to HIPAA covered entities and business associates from the Department of Health and Human Services Office for Civil Rights (HHS/OCR). Why? Because there is so little of it. Lately, the only...more

Ransomware? Don’t Pay It, Says FBI

What should companies do when ransomware hits? The FBI says: (a) report it to law enforcement and (b) do not pay the ransom. Given the recent onslaught in ransomware attacks—such as a 2016 variant that compromised an...more

CryptoWall Ransomware Hits New Jersey Spine Center

The New Jersey Spine Center was hit with a variant of CryptoWall ransomware on July 27, 2016 that encrypted its electronic health record and its backup files. A double whammy....more

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