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ONC Releases Updated Guide to Privacy and Security of Electronic Health Information

The Office of the National Coordinator for Health Information Technology (“ONC”) of the U.S. Department of Health and Human Services (“HHS”) recently released Version 2.0 of the Guide to Privacy and Security of Electronic...more

North Dakota Focused on Privacy and Information Security; AG Wants to Know if You’ve Been Breached

Come August 1, North Dakota’s Attorney General will expect to hear from you if your company suffers a breach of computerized data affecting more than 250 persons. On April 13 North Dakota Governor Jack Dalrymple signed S....more

New HIPAA Guide to Privacy and Security of Electronic Health Information

The HHS Office of the National Coordinator for Health Information Technology (ONC) recently released Version 2.0 of its Guide to Privacy and Security of Electronic Health Information (Guide)....more

Issues Concerning Medical Identity Theft

Whenever a large data breach occurs in the healthcare industry, such as the Anthem Blue Cross Blue Shield breach this past winter, some news stories always seem to focus on the strange medical catastrophes that could...more

OCR Announces Settlement and Corrective Action Plan with Pharmacy Stemming from Alleged Violations

On April 24, 2015, the HHS Office for Civil Rights (“OCR”) once again stressed the importance of properly disposing of protected health information (“PHI”) when it announced its settlement and corrective action plan with...more

Federal Trade Commission Obtains a Near Record-Breaking Disgorgement in a Monopolization Case

On April 20, 2015, the Federal Trade Commission (“FTC”) announced that Cardinal Health, Inc. (“Cardinal”), agreed to pay $26.8 million to resolve allegations that it violated Section 2 of the Sherman Act by monopolizing the...more

The BakerHostetler Data Security Incident Response Report 2015

The rate of disclosures of security incidents in 2015 continues at a pace that caused many to call 2013 and then 2014 “the year of the breach.” Most incidents are described publicly with attention-grabbing terms such as...more

Criminal Cyberattacks: The No. 1 Cause of Health Care Data Breaches in 2014

A new study released on May 7, 2015, by the Ponemon Institute revealed that criminal cyberattacks on health care organizations were the most prevalent cause of data breaches in 2014. The report underscores the need to think...more

The Top 10 Patient Safety Concerns for Healthcare Organizations in 2015

The Emergency Care Research Institute, (ECRI) Patient Safety Organization (PSO) has issued its 2015 “top 10 list” of safety concerns for multiple healthcare settings, such as hospitals, ambulatory care centers, doctor’s...more

Pharmacy Settles HIPAA Investigation for $125,000

On April 22, 2015, the Office for Civil Rights (OCR) entered into its first HIPAA violation settlement in 2015. The settlement requires Cornell Prescription Pharmacy, a small pharmacy located in the Denver area to pay the OCR...more

JAMA Releases Study Analyzing Scope and Characteristics of Recent Data Breaches

Reports of security breaches involving health care information have become increasingly prevalent in recent years, and such breaches seem to be continually growing in scope and magnitude. In the April 14, 2015, issue of JAMA,...more

Partners HealthCare Hit with Phishing Expedition Exposing 3,300 Patient Records

Late last week, Partners HealthCare announced that it notified approximately 3,300 patients of a security breach involving a hacking incident where intruders accessed medical and personal information of patients....more

Decision Highlights Questions Over Substantiation for Weight Loss Claims

The Eleventh Circuit recently issued a decision in an contempt proceeding against Hi-Tech Pharmaceuticals and several individuals. The case highlights the ongoing debate over whether clinical trials are required for weight...more

OCR Transmits Pre-Audit Screening Surveys to Covered Entities for Phase 2 HIPAA Compliance Audits

The U.S. Department of Health and Human Services, Office for Civil Rights (OCR) recently transmitted HIPAA pre-audit screening surveys to covered entities that may be selected for a second phase of HIPAA compliance audits...more

ONC-HIT Releases Updated Guide for Privacy and Security of Electronic Health Information

The Office of the National Coordinator for Health Information Technology (ONC-HIT) released version 2.0 of its Guide to Privacy and Security of Electronic Health Information (the Guide). While the Guide clearly states that it...more

Addressing Cyber Attacks and Data Breaches in Supplier Contracts - Part 2: How are Limits of Liability Evolving, with Respect to...

Ten years ago, most "buyers/customers" expected their suppliers to absorb unlimited contractual liability if the supplier was responsible for a breach affecting the customer's data. Today, while customers may continue to...more

HIPAA Rules and Procedures in the Event of a Data Breach, Part Two

My last post focused on the discovery and investigation of a data security breach to determine if breach notification is needed. Today’s post now turns to the requirements of breach notification triggered by a data security...more

Be Careful with Information Destruction: Another Medical Record Disposal HIPAA Settlement

The U.S. Department of Health and Human Services Office for Civil Rights (“OCR”) recently announced a new settlement with a small pharmacy, Cornell Prescription Pharmacy (“Cornell”). OCR alleged that Cornell was disposing of...more

Colorado Compounding Pharmacy Enters Six-Figure Settlement Agreement to Settle Alleged HIPAA Privacy Rule Violations

On April 27, 2015, the U.S. Department of Health and Human Services (HHS) announced that Cornell Prescription Pharmacy (CPP), a single-location pharmacy in the Denver, Colo. metropolitan area, agreed to settle alleged HIPAA...more

HIPAA Rules and Procedures in the Event of a Data Breach, Part One

As discussed in my prior post, recent massive data breaches at major retailers and health insurance providers paint a bleak picture of modern data and emphasize the importance of strong security safeguards and plans for...more

ONC Updated Electronic Health Information Privacy/Security Guidance

The Office of the National Coordinator for Health Information Technology (ONC) has released a revised Guide to Privacy and Security of Electronic Health Information. The guide is intended to help health care providers –...more

Blog: Colorado Pharmacy Reaches HIPAA Settlement with OCR Following Improper Records Disposal

Yesterday, the U.S. Department of Health and Human Services’ Office for Civil Rights (“OCR”) announced that Cornell Prescription Pharmacy of Denver, Colorado (“Cornell Pharmacy”) has agreed to settle potential violations of...more

Blog: HIPAA FAQ Series: Do You Need a BAA with Your Cloud Storage Provider?

This week, the HIPAA FAQ series continues with another topic about business associate agreements (BAAs). As most Covered Entities and Business Associates know, in the event that a Covered Entity utilizes a service provider...more

MACRA’s Advancement of EHR Interoperability and Telehealth

This is the fourth and final post in our series on the Medicare Access and CHIP Reauthorization Act (MACRA). Pub.L. No. 114-10. We’ve previously covered the repeal of the Sustainable Growth Rate (SGR) in our April 20th post,...more

FTC Settles Radioactive Allegations Against Cardinal Health with a Near Record-Breaking Disgorgement Agreement

In a 3-2 decision, as part of its aggressive antitrust enforcement in health care industries, the Federal Trade Commission (FTC or the Commission) announced that Cardinal Health, Inc. (Cardinal) agreed to pay $26.8 million to...more

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