News & Analysis as of

Client Alert: The Government Enters into Largest HIPAA Settlement to Date; What HIPAA Covered Entities and Business Associates...

Advocate Health Care Network, which operates 12 hospitals and more than 200 other treatment centers in Chicago and central Illinois, has agreed to the largest settlement to date with the Office for Civil Rights (“OCR”) for...more

HSS Issues New Guidance on Ransomware Attacks Against HIPAA-Covered Entities

Ransomware attacks at hospitals and other healthcare facilities have dramatically increased over the last several years, putting healthcare providers in the uncomfortable position of having to consider paying thousands of...more

HIPAA Hat Trick: Security Violations Lead to Three Major Settlements

Look no further than the last three weeks for proof that HIPAA enforcement is on the rise. Failure to maintain the security of information systems containing patient information has cost healthcare providers over $10...more

Illinois Revises Data Privacy Statute

Earlier this year, Illinois enacted a number of changes to the Illinois Personal Information Protection Act (“PIPA”). The amendments to PIPA, among other things, expand the definition of personal information subject to...more

Athens Orthopedic Clinic’s EMR compromised by hackers using vendor’s log-in credentials

Athens Orthopedic Clinic in Georgia reported on July 25, 2016, that a hacker gained access to its electronic medical record system at the end of June using the log-in credentials of a third-party vendor....more

Health Update - July 2016

The Vulnerability of Healthcare Information - According to a report the Brookings Institute issued in May 2016, 23% of all data breaches occur in the healthcare industry. Nearly 90% of healthcare organizations had some...more

OCR’s Recent $2.7 Million Settlement with Oregon Health & Science University Highlights the Importance of HIPAA Compliance...

The U.S. Department of Health and Human Services Office for Civil Rights (OCR) and Oregon Health & Science University (OHSU) recently entered into a resolution agreement to settle potential violations of HIPAA’s Privacy and...more

BYOD Risks under HIPAA – Does Your HIPAA Compliance Program Adequately Address the Ever Increasing Use of Portable Electronic...

Many U.S. employers are now allowing employees to use their own personal handheld devices and laptop computers for work-related purposes. As the age of employer-provided devices is coming to an end and “bring your own device”...more

Massachusetts General Hospital vendor Patterson Dental Supply reports breach of 4,300 patient records

Patterson Dental Supply, Massachusetts General Hospital’s (MGH) vendor that provides software to the hospital to manage dental practice information, has reportedly admitted that approximately 4,300 of MGH’s patient records...more

HIPAA Compliance: Navigating a Health Care Minefield

In the two decades since its original passage, complying with the federal Health Insurance Portability and Accountability Act (HIPAA) hasn’t gotten any easier. Enacted with the primary goal of protecting the confidentiality,...more

Newest Ponemon study released on health care data breaches

The Ponemon Institute has recently released its Sixth Annual Benchmark Study on Privacy & Security of Healthcare Data. The study has included business associates for the past two years. The study included information received...more

Intermedix data breach class action case dismissed

We previously reported that Intermedix was sued in a class action lawsuit regarding the data breach involving millions of patient records....more

Negotiating Software Agreements – Key Terms For Electronic Health Records

Healthcare providers (Providers) rely on third party vendors for providing Electronic Health Record (EHR) software services. Due to the amount of protected health information Providers store in these software services, and...more

Ex-Husband's Revenge Leads to HHS Trophy

Patient care is not confined to a single office or exam room, or a single physician or other provider. Caring for patients these days now includes complex coordination among physicians, nurse, technicians, staff, management,...more

Disclosure of Substance Use Disorder Records Enters the 21st Century: SAMHSA Proposes Changes to Part 2, But Do They Go Far...

Background - As many health care practitioners, health information management professionals, and health lawyers know, balancing patients’ privacy interests with the need to access accurate, up-to-date medical information can...more

One Week, $5.45 Million in Resolution Agreements for HIPAA Violations

The U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) continued its run of resolution agreements for HIPAA violations, pulling in $5.45 million from just two entities, North Memorial Health Care of...more

Manatt Digital Media - October 2015

In this newsletter, we highlight some of the ways digital technologies are transforming healthcare and the opportunities and challenges they present to individuals and businesses. We also introduce you to our team at Manatt...more

OIG Reports Insufficient Oversight Of HIPAA Compliance

The HHS Office for Civil Rights (OCR) must improve its oversight and enforcement of patient information privacy and security rules by “covered entities” and their business associates under the Health Information Portability...more

Cure of Security Rule Violations Following Breach of EPHI Cannot Save Covered Entities from $750,000 Settlement; Non-Breach...

More than three years after the Cancer Care Group, P.C. (“CCG”) notified the U.S. Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) of a breach of unsecured electronic protected health...more

Don't Wait for It; Recent HIPAA Enforcement Action Signal More to Come in Phase 2 Audits

Officials at the U.S. Department of Health and Human Services Office of Civil Rights (HHS OCR) have recently selected a vendor to conduct the second wave of HIPAA audits. These so-called "Phase 2 Audits" are set to commence...more

Recent Enforcement Shows the Importance of Encrypting Mobile Devices Containing Protected Health Information

With headlines every day announcing another release of Protected Health Information (PHI), providers are asking themselves – is there a way to protect against these breaches? Beyond improving the security of large...more

OCR Enters into $750,000 Settlement with Physician Practice for HIPAA Violations

On September 2, the Department of Health and Human Services Office of Civil Rights (OCR) announced a settlement with Cancer Care Group, P.C., a thirteen-physician oncology practice in Indiana related to violations of the...more

OCR settlement reiterates importance of proactive security rule compliance

On September 2, 2015, the U.S. Department of Health & Human Services (HHS) announced that Cancer Care Group, P.C. (CCG), a physician practice located in Indiana, agreed to pay $750,000 as part of a settlement to resolve...more

Stolen Laptop Bag Leads to $750,000 Fine for Oncology Group

On September 2, 2015, the U.S. Department of Health and Human Services Office for Civil Rights (OCR) announced a substantial settlement with an Indiana-based oncology group, Cancer Care Group, P.C. (CCG). Under the terms of...more

$750,000 HIPAA Settlement Reinforces Need to Be Proactive

As the Department of Health and Human Services’ (“HHS”) Office of Civil Rights (“OCR”) proceeds with its second round of HIPAA audits, this time covering business associates as well as covered entities, a recent settlement...more

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