News & Analysis as of

Data Breach Healthcare

Lack of Timely Action and Knowledge of Risk Results in $3.2 Million Civil Monetary Penalty for HIPAA Violations

Children’s Medical Center of Dallas (Children’s) was hit with a $3.2 million civil penalty from the U.S. Department of Health and Human Services, Office for Civil Rights (OCR) for failing to take steps to properly protect...more

Children’s Medical Center of Dallas Clobbered by OCR

In a rare move by the OCR, it assessed a $3.2 million fine against Children’s Medical Center of Dallas (Children’s) after it issued a Notice of Proposed Determination against Children’s and Children’s failed to request a...more

Employer (Still) Has No Duty to Protect Confidential Information

by Barley Snyder on

The University of Pittsburgh Medical Center continues to get support from the court system in a data breach suit that affected more than 60,000 former and current employees, as Barley Snyder attorneys continue to follow the...more

Employee Downloads Substance Use information Onto Flash Drive and Loses It

All of you reading this know I hate USB drives. I despise them. They are dead to me and you can’t talk me into allowing any company to use them unless they are controlled by IT and are encrypted at all times....more

Key HIPAA Settlement Agreements by HHS’s Office for Civil Rights in 2015 & 2016

by LeClairRyan on

The last time this blog presented an overview of key HIPAA settlement agreements at the Office for Civil Rights in the U.S. Department of Health and Human Services was a review of 2014. The number of complaints that year had...more

Privacy and Data Security: 2017 Year in Preview

by Polsinelli on

Few issues keep executives awake at night more than Privacy and Data Security. New regulations and threats alike are plentiful, varied, and evolving. The rate of change for cybersecurity and information governance continues...more

What Did They Say About Cybersecurity in 2016? 8 Proclamations from Regulators and the Courts

by Orrick - Trust Anchor on

There is no such thing as compliance with the NIST Cybersecurity Framework (FTC). In September, the FTC dispelled a commonly held misconception regarding the NIST Framework: It “is not, and isn’t intended to be, a standard or...more

Cancer Services Provider Confronts Ransomware Bully

My newest hero in the fight against ransomware is Little Red Door Cancer Services of East Central Indiana (Little Red Door). I am sending a donation to it to celebrate its courage in the last few weeks. Little Red Door...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

Judge John Bates of the US District Court for DC has blocked a proposed $37 billion mega-health-care-merger between Aetna and Humana, one of 2 major deals before the courts opposed by the Obama-era DOJ over antitrust...more

Data Breach Class Action Reinstated Against Horizon Healthcare Services Inc.

by Ballard Spahr LLP on

The U.S. Court of Appeals for the Third Circuit has vacated a district court's dismissal of a data breach class action filed against Horizon Healthcare Services Inc., in the wake of the 2013 theft of two computer laptops...more

Health Care E-Note - January 2017

by Burr & Forman on

On October 4, 2016, The Centers for Medicare and Medicaid Services ("CMS") released the final rules regarding the requirements of participation for skilled nursing facilities. One of the most significant changes to the...more

Vendor Causes Breach of Over 5,000 Patient Records

The continued risk that vendors pose to companies, including health care entities cannot be overemphasized. This week, Sentara Healthcare (Sentara) announced that one of its third-party vendors was the victim of a...more

The Anthem Breach – A Retrospective

by LeClairRyan on

Many people and news outlets have opined, weighed in, and informed the public about the 2015 Anthem breach. It is still a hot topic in January 2017, because it currently lines up with other hot stories about hacking ordered...more

U.S. Military Special Operations Command Workers’ Data Exposed by Vendor

Military personnel continue to be victimized by data breaches. This time, the personal information of healthcare workers employed by Potomac Healthcare Solutions (Potomac), who work for a U.S. Special Operations Command were...more

New Hampshire Psychiatric Hospital Patient Records Posted Online by Former Patient

The New Hampshire Department of Health and Human Services has notified up to 15,000 patients of its psychiatric hospital (New Hampshire Hospital) that their names, addresses, Social Security numbers, Medicaid ID numbers and...more

Medical Marijuana Dispensary Applications Exposed in Cyber Attack

The Nevada Division of Public Health has announced that its Medical Marijuana Program online database has suffered a cyber-attack that has exposed 11,700 applications requesting approval to open a medical marijuana...more

Quest Diagnostics Announces Breach of 34,000 Records

Quest Diagnostics, which operates medical laboratories, has announced that 34,000 customer records were exposed during a hacking incident that occurred on November 26th. The hacker obtained access to the information through...more

2016 Health Care Year in Review

by Burr & Forman on

Since I began writing this year-end review in 2013, there have been some common themes – a shift to pay for quality and away from fee-for service, much of which has been brought about by the Affordable Care Act (ACA): efforts...more

2017 Labor & Employment Laws: New Year, New Government, New Challenges

by Littler on

On January 1, 2017, employers across the nation will face a host of new or amended federal, state, and/or local labor and employment requirements. At the same time, there is uncertainty as to how the Trump Administration and...more

UMass Amherst Settles HIPAA Violations with OCR for $650,000

The Office for Civil Rights (OCR) has announced that the University of Massachusetts Amherst (UMass) has agreed to settle an investigation against it as a result of a malware infection for $650,000, along with implementing a...more

OCR Alerts Listservs About Fake Phishing Email to Covered Entities and Business Associates

On November 28, 2016, the Office for Civil Rights (OCR) issued an Alert to its listservs that a phishing email is being circulated on “mock HHS Departmental letterhead under the signature of OCR”s Director, Jocelyn Samuels”...more

FTC Announces New Guidance on Ransomware

by Dentons on

On November 10, 2016, the U.S. Federal Trade Commission (FTC) released new guidance for businesses and consumers on the impact of, and how to respond to ransomware. Ransomware is a form of malicious software that infiltrates...more

OCR Stresses Importance of Authentication in Newsletter

In a recent newsletter, the Office for Civil Rights (OCR) encourages health care organizations to review their procedures around authentication and “ensure that they have the appropriate safeguards in place.”...more

Critical Cyber-Attack on Hospitals Now A Reality- A View From ‘Across the Pond’

Serious trouble for all health and care providers looms large. High risk women in labour and major trauma cases are being diverted to other hospitals after a cyber-attack recently shut down services at a hospital in the...more

Confusing Joint Guidance published by OCR and FTC on HIPAA Authorization Forms

There are arguments that there is a dearth of guidance by both the Office for Civil Rights (OCR) and Federal Trade Commission (FTC), so when guidance comes out, we listen. But the most recent guidance jointly issued by the...more

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Cybersecurity

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