Data Protection Protected Health Information

News & Analysis as of

Cybersecurity for Startups Now a Cost of Entry for Consideration by Larger Clients: What is Your Company's Plan?

For technology startups, maintaining strong security controls remains vital to winning new business opportunities and strengthening existing relationships. Despite the global spike in cybersecurity attacks (there were 42.8...more

Doing Business With the State of Connecticut: A Guide to Data Privacy and Security Requirements

Doing business with Connecticut’s state government requires individuals, businesses and other entities to comply with numerous legal, regulatory and contractual requirements. Among these obligations are some of the nation’s...more

Proceed With Caution: Does HIPAA Apply to Your Business?

Even if your business is not in the health care industry, the Health Insurance Portability and Accountability Act of 1996 (HIPAA), as updated by the Health Information Technology for Economic and Clinical Health Act (HITECH...more

Recent HHS Settlement Highlights Risks of Electronically-Sharing Protected Health Information

On July 10, 2015, the United States Department of Health and Human Services Office for Civil Rights (OCR) announced its second settlement of the year for violations of the Health Insurance Portability and Accountability Act...more

A New Era of HIPAA Enforcement

Traditionally, HIPAA enforcement is assigned to the Department of Health and Human Services’ Office for Civil Rights (OCR). In November 2013, Health and Human Services’ Office of Inspector General sharply criticized OCR’s...more

Technology in Healthcare [Video]

From the 2015 PLUS Medical PL Symposium session “Technology in Healthcare: EHRs & PHI,” moderator Patricia Marzella-Graubert (Swiss Re American Holdings Corporation) and panelist Alexander Grijalva (New York Presbyterian...more

Also In the News - Data, Privacy, & Security Practice Report - May 2015

ONC Releases Updated Guide To Privacy And Security of Electronic Health Information ? The Office of the National Coordinator for Health Information Technology (“ONC”) recently released Version 2.0 of the Guide to Privacy and...more

Is Your Company Ready to Comply with Encryption of Individually Identifiable Health Information?

New Jersey’s new data privacy standard, signed into law as S. 562 by Gov. Chris Christie on January 9, requires health insurance carriers that are authorized to issue health benefit plans in New Jersey to protect individually...more

OCR’s Enforcement of HIPAA’s Privacy and Security Rules Continues with Robust 2014

With the news of the recent cyber-attack and resulting data breach at health insurance giant Anthem Inc., the buzz around data security and privacy is again high. The Anthem breach serves as a reminder to those entities...more

“Bring Your Own Device” To Work Programs: Regulatory and Legal Risks and How To Minimize Them

If you’ve ever left your mobile phone on an airplane, in a restaurant, or somewhere other than in your possession, you know it’s frightening enough to think of losing the device itself, which costs a premium, as well as your...more

HIPAA Compliant Technology and the Importance of Encryption

We welcome this guest blog by Gene Fry, Compliance Officer, Scrypt, Inc. The Health Insurance Portability and Accountability Act (HIPAA) sets the standard for protecting sensitive patient data. This means that any...more

Legal Issues to Consider Before Starting Big Data Projects

We read every day about the myriad of purposes for which enterprises are embarking on Big Data projects. Securing C-suite buy in and funding may be a significant endeavor, as is implementing an analytic approach to yield...more

How to Mitigate Compliance Risks with BYOD - EndNotes February 2015

I?f you have ever left your mobile phone on an airplane, in a restaurant or somewhere other than in your possession, you know it’s frightening enough to think of losing the device itself, which costs a premium, as well as...more

Latest Update on Anthem Data Breach - Other BCBS Plans May Be Impacted

As a follow-up to its announcement of a massive cyber breach last week, Anthem has updated its “Frequently Asked Questions” for its employer clients, which are posted at www.AnthemFacts.com. The most significant development...more

Privacy Tuesday - January 2015

Good Tuesday – The East Coast prepares for Apocalypse (Sn)ow. In the meantime, here are three privacy-related tidbits for your day. Privacy Concerns Cause Scale Back of Release of HealthCare.gov Data - We...more

Top Five Resolutions for Covered Entities and Business Associates in 2015

The New Year is here. It is time to make those 2015 resolutions, and not just those for getting fit and healthy. Resolve now to improve your organization’s compliance with the Health Insurance Portability and Accountability...more

On the Tenth Day of Privacy, OCR Gave to Me…..

……………..a cumbersome C-A-P The U.S Department of Health and Human Services Office for Civil Rights has received tremendous publicity in recent years for its upward-trendingfines and aggressive enforcement of HIPAA...more

Failure to take basic security measures may result in HIPAA penalties – 6 tips to keep up with updates and patches

Covered Entities and their Business Associates must comply with HIPAA’s Security Rule, or they may face substantial penalties. The Office of Civil Rights (OCR) recently shared a resolution agreement that emphasizes the...more

Just in Time for the Holidays: Another HIPAA Settlement

On December 2, 2014, the Office for Civil Rights (OCR) and Anchorage Community Mental Health Services, Inc., (ACMHS) entered into a Resolution Agreement and Corrective Action Plan (CAP) to settle alleged violations of the...more

HIPAA Settlement Continues to Emphasize the Importance of Security Policies and Procedures

A recently announced settlement between Anchorage Community Mental Health (“ACMHS”) and the U.S. Department of Health & Human Services Office for Civil Rights (“OCR”) emphasizes, once again, the importance of compliance with...more

Grand Theft PHI – Are Vendors Putting You at Risk for a HIPAA Breach?

Your vendor’s employee goes home after a long day of collecting wellness questionnaires and biometric screening results only to wake up the next day to discover that her car has been stolen from her driveway. As you can...more

HIPAA in the Time of Ebola

Ebola has recently been the source of much concern, and health care providers and hospitals are taking steps to prepare themselves for the possibility of treating patients with Ebola. In addition to all of the medical...more

Ebola or Not, Patient Privacy Must Be Protected: Office for Civil Rights Issues Bulletin on HIPAA Requirements in Emergency...

In the wake of the recent Ebola cases, the U.S. Department of Health and Human Services’ (HHS) Office for Civil Rights (OCR) has issued a new bulletin reminding HIPAA-covered entities and their business associates that the...more

Blog: Connecticut Court Holds HIPAA Does Not Preempt Common Law Claim for Breach of Confidentiality

The Connecticut Supreme Court held that the federal Health Insurance Portability and Accountability Act (HIPAA) does not bar individuals from bringing negligence and emotional distress claims under state common law for breach...more

Rules for CME, Revises List of Data Elements to be Reported

Last Friday, the Centers for Medicare & Medicaid Services (CMS) published a final rule with comment period addressing, among other issues, changes to the reporting and data collection requirements imposed upon “applicable...more

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