News & Analysis as of

Health Care Providers Mobile Devices

BakerHostetler

Let’s Get Physical - OCR Issues Reminder that HIPAA Security Isn’t Just Technical

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While most entities that are subject to the HIPAA Security Rule spend considerable time and effort ensuring that they have implemented appropriate administrate and technical safeguards to protect the health information that...more

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 23, Number 1. Outlook 2023: Ransomware Threats Multiply as Rogue Nation-States Sponsor More...

Report on Patient Privacy Volume 23, no 1 (January 2023) Ransomware—including increased attacks from criminal groups affiliated with rogue nation-states such as Russia and North Korea—will continue to dominate the health...more

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 23, Number 1. Privacy Briefs: January 2023

Report on Patient Privacy Volume 23, no 1 (January 2023) The Centers for Medicare & Medicaid Services (CMS) said a data breach at a Medicare subcontractor impacted the personally identifiable information and protected...more

Shook, Hardy & Bacon L.L.P.

Privacy and Data Security Alert | December 2019

SDNY Rejects Standing under “Increased Risk” Theory Where Data Not Targeted or Stolen - The Southern District of New York rejected a settlement that would have resolved a class action based on the unauthorized (and...more

Dorsey & Whitney LLP

D.C. Circuit Shuts Down Rite Aid’s Challenge to Expand Healthcare Exemptions under the TCPA and HIPAA

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On March 16, 2018, the U.S. Circuit Court of Appeals for the District of Columbia issued a groundbreaking decision in ACA Int’l v. FCC, No. 15-1211, 2018 U.S. App. LEXIS 6535 (D.C. Cir. Mar. 16, 2018) (“ACA Int’l“) that...more

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - January 2018 #2

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Health Care Organizations Saw an 89% Increase in Ransomware in 2017 - Our experience last year is consistent with the conclusion of a new report issued by Cryptonite in its 2017 Health Care Cyber Research Report—that the...more

Eversheds Sutherland (US) LLP

Call Waiting? Challengers Continue to Await Ruling in Appeal of 2015 TCPA Order

We continue to await a ruling from the US Court of Appeals for the DC Circuit in the appeal of the Federal Communications Commission’s (FCC) July 2015 Omnibus Telephone Consumer Protection Act (TCPA) Declaratory Ruling and...more

Perkins Coie

Another HIPAA Settlement: Stolen Laptop Costs $2.5 Million Plus Encryption Requirement

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The U.S. Department of Health and Human Services (HHS) recently announced yet another HIPAA privacy and security settlement involving Protected Health Information (PHI) on a stolen laptop. Although this might be seen as just...more

Ruder Ware

Lessons from OCR HIPAA Settlements - Mobile Device Security Standards

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In the first known case involving a wireless provider, a cardiology service provider agreed to pay a $2.5 million settlement based on the impermissible disclosure of unsecured electronic protected health information (ePHI)....more

Robinson+Cole Data Privacy + Security Insider

OCR Settles First Case With Wireless Provider for $2.5 Million

Touted as the first OCR settlement with a wireless health services provider, the OCR announced on April 24, 2017, that it has settled alleged HIPAA violations with CardioNet, based in Pennsylvania for $2.5 million....more

Sherman & Howard L.L.C.

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

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

Robinson+Cole Data Privacy + Security Insider

Oregon Health & Science University pays $2.7M penalty for data breaches

Oregon Health & Science University (OHSU) has agreed to settle alleged HIPAA violations involving two separate data breaches with the Office for Civil Rights (OCR) for $2.7 million. In the span of three months in 2013,...more

Burr & Forman

Joint Commission Okays Texting of Patient Orders

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The Joint Commission recently announced a change in its policies whereby it will now allow providers to communicate patient orders via text message. The policy applies to all Joint Commission accreditation programs. While the...more

Polsinelli

Recent Enforcement Action: Business Associates Not Off the Hook

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Despite the fact that Business Associates have been directly subject to and liable under the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (HIPAA) since February 18, 2010 the...more

Dechert LLP

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

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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

Robinson+Cole Data Privacy + Security Insider

OCR levies first fine ever directly against business associate

Our predictions that the Office for Civil Rights (OCR) will become more aggressive with audits, investigations, and fines against HIPAA business associates has come true. On June 24, 2016, the OCR announced that it has...more

Fisher Phillips

Maintaining Patient Privacy In The Digital Age

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Those in the heavily regulated healthcare industry know that patient information is sacrosanct. And for good reason; improper handling can result in hefty fines or criminal prosecution under the Health Insurance Portability...more

Foley & Lardner LLP

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

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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

Benesch

FCC Releases Guidance on Autodialing and Pre-Recorded Voice Calls to Wireless Phone Numbers

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This past July, the Federal Communications Commission (“FCC”) released a ruling (the “Ruling”) interpreting the Telephone Consumer Protection Act (“TPCA”) restrictions on certain communications to wireless telephone numbers....more

Polsinelli

Mobile Health Devices and Cybersecurity: Federal Guidance for Management of Threats in Medical Devices

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New Technology = New Threats - With new technology comes new security concerns. But when that new technology is in the medical field, the cybersecurity vulnerabilities can be particularly devastating. The...more

King & Spalding

NIST Releases Draft Cybersecurity Practice Guide For Electronic Health Records

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On July 22, the National Cybersecurity Center of Excellence (“NCCoE”), a U.S. government organization formed in 2012 within the National Institute of Standards and Technology (“NIST”), released a draft Cybersecurity Practice...more

Davis Wright Tremaine LLP

NIST Issues Draft Guidance for Mobile Health Data

With health care breaches constantly on the rise, increasing access to electronic health records (EHRs) from mobile devices, and more prevalent “shadow” cloud use, health care organizations are getting a bit of help from the...more

Poyner Spruill LLP

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

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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

Manatt, Phelps & Phillips, LLP

‘Health Care’-Related Calls: Ambiguity at the Intersection of HIPAA and TCPA

The Federal Communications Commission (FCC) has established exemptions from certain requirements of the Telephone Consumer Protection Act (TCPA) for health care messages regulated under the Health Insurance Portability and...more

Fisher Phillips

Healthcare Update, No. 3, August 2013: Protect Your Key Information – And Your Key Relationships

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Decades ago, it was reasonable to imagine that one could work for the same company from the start of one’s career to the end. Think about the world portrayed in Mad Men. Don Draper has mostly worked with the same fictional...more

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