News & Analysis as of

Electronic Medical Records Health Insurance Portability and Accountability Act

Is it HIPAA or HIPPA? Either way, it still applies.

by Winstead PC on

I have negotiated hundreds of SaaS agreements for dozens of software companies and I always hated when the company on the other side was a healthcare provider. Invariably, they would bring up Protected Health Information...more

Arkansas Surgery Center Hit with Ransomware

Arkansas Oral & Facial Surgery Center (AOFSC) was recently hit with ransomware that shut down access to health information of its patients and rendered some of it imaging files, including X-rays of patient inaccessible....more

Don’t Forget HIPAA’s “Minimum Necessary” Rule When Making Health Information Disclosures

by Nossaman LLP on

When Covered Entities or Business Associates or their counsel analyze whether a particular disclosure of Protected Health Information (or “PHI,” as defined in HIPAA) is permissible, they should be sure also to analyze whether...more

HIPAA Disclosures During Mass Tragedies

by Burr & Forman on

In light of the recent incident in Las Vegas, the Office of Civil Rights (“OCR”), the government entity responsible for HIPAA Compliance, issued clarification guidance on the ability of a health care provider to share...more

Is Blockchain Technology the Solution to Health Care's Data Woes?

by Pepper Hamilton LLP on

Many experts believe blockchain technology will drive innovation in health information and that it has the potential to solve critical health care issues, including interoperability, security, records management and data...more

HHS Issues Limited Waiver of HIPAA Sanctions Post-Hurricane Harvey

The U.S. Department of Health and Human Services (HHS) has used its authority to waive certain provisions of HIPAA in response to Hurricane Harvey. HHS previously declared a public health emergency in Texas and Louisiana...more

Health Care Companies Find Direction to Combat Cybersecurity Threats

by Burr & Forman on

More than 27 million patient records were affected by health care data breaches in 2016, according to a health care cybersecurity company. The cost associated with these breaches is staggering: an estimated $355 per stolen...more

Hospitals and Others Respond to “Red Tape Relief Project” Requests

Last week, a number of health care industry associations sent letters to Congress detailing ways in which the government could relieve them of the burdens associated with “red tape.” The letters are in response to the first...more

Where is your PHI Data Traveling Today?

by Dickinson Wright on

With most vendors offering and pushing cloud computing solutions and offsite data backup, or guaranteeing offsite backup of data they process for you, many HIPAA covered entities and business associates are questioning...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

Hixon: Medical records and privacy

by GableGotwals on

Many people mistakenly believe that their medical files maintained by their physicians are 100 percent private. However, there are legal scenarios in which those files are under subpoena and that require physicians to comply...more

AGs Weave Themselves Into Patchwork of Digital-Health Regs

by Pepper Hamilton LLP on

There are more than 165,000 mobile health applications available for download in Apple’s App Store or Google Play. This number will likely keep rising, and a body of federal and state regulators, including state attorneys...more

HHS Releases Health Care Industry Cybersecurity Task Force Report

Last week, the Department of Health and Human Services (HHS) issued its “Report on Improving Cybersecurity in the Health Care Industry,” which is the culmination of a year-long effort on behalf of the Cybersecurity Task...more

Increased Focus on Health Care Cybersecurity: HHS Releases Long-Awaited Report and Cyber Attack Quick-Response Checklist

by McGuireWoods LLP on

The U.S. Department of Health & Human Services (HHS) issued a recent report noting that cybersecurity is a key public health concern that needs “immediate and aggressive attention.” Shortly thereafter, HHS’ Office for Civil...more

HHS Releases Health Care Industry Cybersecurity Task Force Report

Last week, the Department of Health and Human Services (HHS) issued its “Report on Improving Cybersecurity in the Health Care Industry,” which is the culmination of a year-long effort on behalf of the Cybersecurity Task...more

Health System Paid $2.4 Million Settlement After Identification in a Press Release of a Patient Who Was Engaged in Fraud

by Dickinson Wright on

The U.S. Department of Health and Human Services Office for Civil Rights (“OCR”) announced a $2,400,000 settlement with Memorial Hermann Health System (“MHHS”) to resolve an investigation of an unauthorized disclosure of...more

HIPAA Enforcement Update (February 2017 – April 2017)

by Locke Lord LLP on

In recent months, the Department of Health and Human Services, Office for Civil Rights (OCR) has announced four settlement agreements and one civil monetary penalty to resolve allegations of Health Insurance Portability and...more

Misconfigured Backup Server Exposes 7,000+ Medical Records

A misconfigured backup server hosted by medical records technology vendor iHealth Solutions resulted in exposure of over 7,000 medical records, some containing sensitive information. The records, involving patients seen at...more

Wireless HealthHealthcare Services Provider’s $2.5m Settlement Demonstrates Why Understanding HIPAA Requirements Is a Must

by Dickinson Wright on

The U.S. Department of Health and Human Services Office for Civil Rights (OCR) announced a $2.5 million Health Insurance Portability and Accountability Act of 1996 (HIPAA) settlement with CardioNet, which is a company that...more

OCR Settles With Texas Health System for $2.4 Million for Disclosing PHI to Media In a Press Release

The Office for Civil Rights (OCR) issued a press release today announcing that it has settled alleged HIPAA violations with Memorial Hermann Health System (MHHS) for $2.4 million. According to the Resolution Agreement it has...more

$2.5 Million Settlement Shows That Not Understanding HIPAA Requirements Creates Risk

by Fox Rothschild LLP on

In one of the best examples we have ever seen that it pays to be HIPAA compliant (and can cost A LOT when you are not), the U.S. Department of Health and Human Services, Office for Civil Rights, issued the following press...more

A $31,000 Mistake: Failing To Manage Business Associate Agreements Proves Costly For Providers

The Center for Children’s Digestive Health (CCDH), a small, for-profit pediatric subspecialty practice that operates seven clinics in the Chicago area, has paid the U.S. Department of Health and Human Services, Office for...more

Healthcare Advisory: HHS Announces First Settlement with a Wireless Health Services Provider

by Sherman & Howard L.L.C. on

On April 24, 2017, the Department of Health and Human Services, Office of Civil Rights (“OCR”), announced its first settlement with a wireless health services provider, CardioNet, Inc., for alleged violations of the Health...more

March Sees an Uptick in Health Data Breaches

The monthly breach report issued by Protenus last week outlining data breaches that occurred in the month of March concludes that there was an “uptick in the number of health data breach incidents.”...more

$400,000 Settlement Highlights Need for Pre- and Post-Breach Safeguards

by Dickinson Wright on

The U.S. Department of Health and Human Services, Office for Civil Rights (OCR), has announced another Health Insurance Portability and Accountability Act of 1996 (HIPAA) settlement. This one is with Metro Community Provider...more

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Cybersecurity

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