News & Analysis as of

Data Protection Dept. of Health and Human Services

Tick Tock Tick Tock, When a Breach Occurs, You’re on the Clock!

As a reminder that state attorneys general have enforcement authority over breach notifications, the New York Attorney General recently announced a $130,000 settlement for a failing to provide breach notification in a...more

House Energy And Commerce Committee Hearing Examines Role Of The Department Of Health And Human Services In Health Care...

by King & Spalding on

On Thursday, June 8, 2017, the Subcommittee on Oversight and Investigations of the House Committee on Energy and Commerce convened to hear testimony from representatives from the HHS and CMS to discuss the findings of two...more

My Entity Just Experienced a Cyber-Attack! What Do We Do Now?

by Balch & Bingham LLP on

On June 9, 2017, the U.S. Department of Health and Human Services (HHS), Office of Civil Rights (OCR) released a cyber-attack “Quick Response” checklist (the Checklist) for the benefit of HIPAA covered entities and business...more

New HHS Cybersecurity Preparedness Checklist

by Carlton Fields on

The Department of Health and Human Services’ Office of Civil Rights (OCR) recently published a checklist to guide HIPAA-covered entities and business associates through an appropriate response to a ransomware or cybersecurity...more

HHS Report Urges Health Care Industry to Address Cybersecurity Risks

by Saul Ewing LLP on

In early June 2017, the U.S. Department of Health and Human Services (HHS) Health Care Industry Cybersecurity (HCIC) Task Force released a “Report on Improving Cybersecurity in the Health Care Industry” (the Report). The...more

OCR Publishes Checklist and Infographic for Cyber Attack Response

OCR released a simple checklist and infographic last week to assist Covered Entities and Business Associates with responding to potential cyber attacks. As cybersecurity remains a pressing concern for health care entities,...more

(Un)Protected Health Information Held for Ransom

by Snell & Wilmer on

Recent experiences of major health care companies offer a reminder of the importance of data security and following a well-written policy for compliance with the HIPAA Privacy Rule....more

Global Privacy & Cybersecurity Update Vol. 14

by Jones Day on

New York Attorney General Announces Record Number of Data Breach Notices in 2016 - On March 21, 2017, the New York Attorney General's Office announced that it received 1,300 reported data breaches in 2016—a 60 percent...more

HHS OCR Resumes HIPAA Enforcement Action Announcements: Four New Settlements and Penalties Totaling More than $5 million in a One...

by Arnall Golden Gregory LLP on

After a pause of nearly two months, the Department of Health and Human Services Office of Civil Rights (HHS OCR) has resumed its announcement of settlements for alleged HIPAA violations, with four new settlement agreements...more

Public Still Must be Kept Private under HIPAA

by Davis Wright Tremaine LLP on

A not-for-profit health care system recently agreed to pay the Department of Health and Human Services (HHS) $2.4 million as part of a settlement over potential Health Insurance Portability and Accountability Act (HIPAA)...more

First HIPAA Settlement Involving a Wireless Health Services Provider

by Saul Ewing LLP on

?On April 24, 2017, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced that CardioNet, Inc. (CNI) agreed to pay $2.5 million and enter into a Corrective Action Plan (CAP) to settle...more

Lessons Gleaned From Recent HIPAA Settlements: An Ounce of Prevention is Worth a Pound of Cure: How Recent OCR Enforcement...

by McGuireWoods LLP on

HIPAA enforcement has been on the rise during the last several years, and the dollar impact of those settlements has continued to grow significantly. The Department of Health and Human Services, Office of Civil Rights (OCR)...more

HIPAA Enforcement Update (October 2016 – January 2017)

by Locke Lord LLP on

Since October 2016, the Department of Health and Human Services, Office for Civil Rights (OCR) announced four settlement agreements to resolve allegations of Health Insurance Portability and Accountability Act (HIPAA)...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

HIPAA Breach? Notify Promptly or Face Significant Potential Fines from HHS OCR

by Arnall Golden Gregory LLP on

On January 9, 2017, the Department of Health and Human Services Office of Civil Rights (HHS OCR), which enforces the privacy requirements contained in Health Insurance Portability and Accountability Act (HIPAA), announced a...more

Breach of Privacy Prompts Breach of Etiquette: DHHS Sets New Precedent in Privacy Breach Enforcement

by Faegre Baker Daniels on

On January 9, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) took action against a health system for non-timely reporting of a breach of protected health information. It was the first...more

Health Care Institutions

by K&L Gates LLP on

Originally published in Haig, Business and Commercial Litigation in Federal Courts, Fourth Edition §§ 87:1 et seq. © 2016 American Bar Association. This chapter discusses federal court litigation relating to health care...more

No Phishing: OCR Warns of Phishing Attempts Disguised as Official HIPAA Audit Program Emails

by Davis Wright Tremaine LLP on

What’s worse than receiving an email indicating that you have been selected for an audit by your favorite government regulator? Clicking on a link in the email and discovering that it is a phishing attack that has just...more

New FTC Data Breach Response Guidelines

by Robins Kaplan LLP on

Cybersecurity should always be at the top of any retailer’s priority list—and even more so as the holiday shopping season gets underway. To that end, the Federal Trade Commission’s newly-released Data Breach Response...more

OCR Issues Alert Regarding Phishing Email Disguised as Official OCR Audit Communication

by BakerHostetler on

The U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) published an alert on Nov. 28 describing a phishing email being circulated on mock HHS departmental letterhead under the signature of OCR...more

HHS OCR Alert: Phishing Email Disguised as Official OCR Audit Communication

This alert just in from HHS OCR: “It has come to our attention that a phishing email is being circulated on mock HHS Departmental letterhead under the signature of OCR’s Director, Jocelyn Samuels. This email appears to...more

OCR Warns of Phishing Campaign Disguised as Official OCR Communication

The U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) published an alert on Monday describing a phishing campaign disguised as an email from OCR. The email is being circulated on mock HHS...more

GAO Report Criticizes HHS’ HIPAA Cybersecurity Guidance and Program

by BakerHostetler on

Recently, the Government Accountability Office (GAO) reviewed the U.S. Department of Health and Human Services’ (HHS) security and privacy oversight and identified significant gaps in the cybersecurity guidance provided by...more

Cloud Service Providers Beware, You May Be Subject to HIPAA Without Knowing It

by BakerHostetler on

The use of cloud service providers has exploded in the past several years. According to estimates from Gartner, the market for cloud services is expected to reach $204 billion in 2016. But the use of cloud service providers...more

HHS Designates Cloud Service Providers as Business Associates Under HIPAA

by Ballard Spahr LLP on

Cloud service providers that process electronic protected health information (ePHI) are business associates under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), even if the PHI is encrypted and the...more

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Cybersecurity

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