News & Analysis as of

Health Privacy

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

2-Year Statute Of Limitations Applies To HIV Patient’s Privacy Suit

by Jackson Lewis P.C. on

A New Jersey appeals court recently ruled that a two-year statute of limitations applies to a claim by an HIV-positive patient asserting one of his doctors improperly disclosed his medical status to a third party without...more

Another Key to HIPAA Compliance – Have Policies and Procedures and Implement Them, Too

by Williams Mullen on

On this blog, we have discussed the criticality of risk analyses – the assessment required by the Security Rule of the “risks and vulnerabilities” that an organization faces with respect to all of its electronic protected...more

D.C. Circuit Finds that Theft of Health Insurance Subscriber ID Numbers Is a Cognizable Injury in Identity Theft Litigation

by Moore & Van Allen PLLC on

Recently, the D.C. Circuit Court of Appeals ruled in Attias v. CareFirst, Inc., No. 16-7108, that customers had standing to sue a health insurer for a 2014 data breach in which the customers’ information was stolen. ...more

Even More At Stake Than Meets The Eye With Potential HIPAA Violations

by Fisher Phillips on

A federal court in New Mexico recently declined to dismiss tort claims asserted by a registered nurse against her employer, a government-run hospital, where she sought and obtained treatment for a brutal sexual assault. In...more

Attempting To Avoid The High Cost Of A Reported HIPAA Breach

by Dickinson Wright on

Preventing unintended or unauthorized disclosure of protected health information is an ever-present goal of all covered entities and business associates. However, protective firewalls and electronic data security measures are...more

Siemens Medical Equipment Vulnerable to Cyber-Attacks

The Department of Homeland Security and Siemens Healthineers has identified cybervulnerabilities in the Windows 7-based versions of Siemens PET/CT systems, SPECT systems, SPECT/CT Systems and SPECT Workplaces/Symbia.net and...more

The DC Circuit Opens the Door to Data Breach Plaintiffs Alleging Substantial Risk of Future ID Theft

by Fenwick & West LLP on

The U.S. Court of Appeals for the D.C. Circuit has held that allegations of a heightened risk of future identity theft resulting from a data breach established a concrete injury at the pleading stage....more

Healthcare Industry May Not Be Prepared For Internet of Things

by Knobbe Martens on

A recent survey conducted by ZingBox, a Silicon Valley internet security startup, found that more than 90% of healthcare IT networks have Internet of Things (IoT) devices. The survey further found that more than 70% of IT...more

What is the HIPAA Complaint Process?

The U.S. Department of Health and Human Services Office for Civil Rights (OCR) is responsible for enforcing the HIPAA Privacy and Security Rules. Any person who believes that a covered entity or business associate is not...more

The Health Care Industry Cybersecurity Task Force Prompts HHS to Issue a Revised HIPAA Breach Reporting Tool

Congress established the Health Care Industry Cybersecurity Task Force (the “Task Force”) in the Cybersecurity Act of 2015 (the “Act”) to address the challenges the health care industry faces when securing and protecting...more

New York’s New Cybersecurity Regulations and its Impact on your Sensitive Health Information

by Farrell Fritz, P.C. on

Effective March 1, 2017, the New York State Department of Financial Services promulgated regulations to help protect against cybercriminals and their efforts to exploit sensitive electronic data. These cybersecurity...more

How the U.S. Healthcare Sector Can Prepare for and Harden Its Systems Against Cyberattack

by Hogan Lovells on

“The number one issue on the minds of many CEOs and boards is cyberattacks and data breaches,” said Hogan Lovells partner Marcy Wilder. In this hoganlovells.com interview, Wilder discusses three key things health sector...more

OCR Releases “Improved Web Tool” for Breach Reporting

The Office for Civil Rights (OCR) recently issued an “improved web tool that puts important information into the hands of individuals, empowering them to better identify recent breaches of health information and learn how all...more

Women’s Health Care Group Notifies 300,000 About Ransomware Attack

Women’s Health Care Group of Pennsylvania has notified approximately 300,000 patients that their protected health information has been compromised by a ransomware attack....more

Are DC Federal Courts the Next Hotbed for Data Breach Class Actions?

by Carlton Fields on

We have previously reported on the evolving circuit split over standing in data breach class actions. On August 1st, a three judge panel for the District of Columbia Circuit became the latest to weigh in on the issue. In...more

Federal Appeals Court Says Healthcare Insurer Must Face Data Breach Lawsuit

A federal appeals court earlier this week dealt a blow to healthcare insurer CareFirst, Inc., concluding that a group of customers have the right to pursue a class action data breach lawsuit based on a 2014 cyberattack....more

FDA Establishes Electronic Privacy, Security, and Reliability Criteria for Clinical Trial Records

by Jones Day on

In March 1997, the Food and Drug Administration ("FDA") published a final rule, codified in 21 CFR Part 11 ("Part 11"), establishing the privacy, security, and reliability criteria for electronic records and electronic...more

GSA Has Created a Separate Category for Companies Selling Health IT Services – Creating an Unparalleled Opportunity for Such...

Health Information Technology (“IT”) is one of the fastest-growing fields in the IT industry, in part due to a spurt of government technology modernization initiatives. After seeing skyrocketing demand across federal...more

The HIPAA “Wall of Shame” is Now Easier to Navigate

Last week, the HHS Office for Civil Rights (OCR) launched an improved version of their HIPAA Breach Reporting Tool (HBRT), commonly referred to by OCR and regulated entities alike as the HIPAA “Wall of Shame.” OCR has also...more

Healthcare Data: Are You Required to Report a Ransomware Attack?

by Bennett Jones LLP on

If you are a healthcare data custodian that is subject to a ransomware attack, you may be required to report the incident to regulators and to those individuals whose information was subject to the attack....more

Health Care E-Note - July 2017

by Burr & Forman on

Everywhere you look these days, there seems to be another report of a cyberattack -- attacks which do not discriminate based on industry type, size of business, or impact. In other words, everyone is vulnerable. In fact, the...more

Ten Tips For Actions By A Covered Entity After A HIPAA Breach By A Business Associate

by Fox Rothschild LLP on

This blog recently discussed tips for a covered entity (CE) in dealing with a HIPAA business associate (BA). Now, even though you have adopted all of the tips and more, in this dangerous and ever more complex data security...more

Unencrypted Backup Drive of 531 EEG Patients Lost

Baptist Medical Center South, located in Jacksonville, Florida has admitted that one of its backup drives has been missing since May 18, 2017. The unencrypted backup drive contained the protected health information of 531...more

Vermont’s New Telemedicine Law Expands Insurance Coverage, Bans Recording

by Foley & Lardner LLP on

Vermont health care providers and patients can now enjoy a revamped, and significantly improved, telehealth commercial insurance coverage law. Vermont Governor Phil Scott signed S. 50 into law on June 7, 2017, expanding...more

NY AG Fines Healthcare Firm $130,000 for Improperly Delaying Breach Notices to Consumers Due to an FBI Investigation

by Arnall Golden Gregory LLP on

On June 15th, New York Attorney General Eric Schneiderman announced a settlement with CoPilot Provider Support Services Inc. to resolve allegations that the company improperly delayed notice to more than 220,000 consumers of...more

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Cybersecurity

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