First Settlement by OCR in a Phishing Cyber-Attack Investigation

King & Spalding
Contact

On December 7, 2023, OCR released a statement that it was settling a phishing cyber-attack investigation into Lafourche Medical Group (the Medical Group) which specializes in emergency medicine, occupational medicine, and laboratory testing. The Medical Group, based in Louisiana, was the target of a phishing attack in March of 2021 which compromised the protected health information (PHI) of over 35,000 individuals. The settlement terms include payment to OCR of $480,000 and a corrective action plan that OCR will monitor for two years. This is the first settlement involving a phishing attack under the Health Insurance Portability and Accountability Act (HIPAA) rules.

The Medical Group self-disclosed the attack and the compromise of patient PHI in May 2021. According to OCR, its investigation revealed that the Medical Group “failed to conduct a risk analysis to identify potential threats or vulnerabilities to electronic [PHI] across the organization as required by HIPAA.” In addition, OCR “discovered that Lafourche Medical Group had no policies or procedures in place to regularly review information system activity to safeguard [PHI] against cyberattacks.”

The corrective action plan, which is part of the settlement, includes the following terms:

  • Establishing and implementing security measures to reduce security risks and vulnerabilities to electronic PHI in order to keep patients’ PHI secure;
  • Developing, maintaining, and revising written policies and procedures as necessary to comply with the HIPAA rules; and
  • Providing training to all staff members who have access to patients’ PHI on HIPAA policies and procedures.

A copy of OCR’s press release can be found here.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© King & Spalding | Attorney Advertising

Written by:

King & Spalding
Contact
more
less

King & Spalding on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide