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Health Care Providers Patient Confidentiality Breaches

McDermott Will & Emery

Healthcare Regulatory Check-up Newsletter | February 2024 Recap

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This issue of McDermott’s Healthcare Regulatory Check-Up highlights regulatory activity for February 2024. We discuss various regulatory developments, including guidance on the use of AI in coverage decisions and texting...more

Health Care Compliance Association (HCCA)

Privacy Briefs: March 2024

Research from Guidepoint Security found that 2023 saw an 80% increase in ransomware activity year-over-year, driven in part by multiple mass exploitation campaigns impacting hundreds of organizations. In total, the report...more

Holland & Hart LLP

To BAA or Not to BAA: Must You Have One?

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HIPAA applies to both covered entities (e.g., healthcare providers and health plans) and their business associates. A “business associate” is generally a person or entity that “creates, receives, maintains or transmits”...more

Mintz - Health Care Viewpoints

FTC Personal Health Records Breach Rule Applies to Health App and Connected Device Developers

On September 15, 2021, in response to the “proliferation of apps and connected devices that capture sensitive health data” the Federal Trade Commission (FTC) issued a Policy Statement (the Statement) offering guidance on the...more

Holland & Knight LLP

Public Information is Still Protected by HIPAA

Holland & Knight LLP on

Allergy Associates of Hartford, P.C., entered into a Resolution Agreement and agreed to pay $125,000 to the U.S. Department of Health and Human Services, Office for Civil Rights (HHS) in order to settle certain Health...more

Poyner Spruill LLP

OCR and an ALJ send a Clear Message about Importance of Mitigating Risks

Poyner Spruill LLP on

In the latest twist in a case that began last year, an administrative law judge (ALJ) agreed that a $4.3 million penalty, levied by the Office of Civil Rights (OCR) against the MD Anderson Cancer Center as a result of HIPAA...more

Obermayer Rebmann Maxwell & Hippel LLP

Medical Devices a Target for Online Hackers

In the past few years, medical devices have become a major target for online criminals. Not only are medical devices considered to be one of the easiest and most vulnerable points of entry into a health care enterprise, they...more

Cooley LLP

Blog: HHS To Launch New HIPAA Audits in Early 2016 in Response to OIG Reports

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The Office of Inspector General (OIG) of the U.S. Department of Health and Human Services (HHS) issued two reports yesterday calling for the HHS Office of Civil Rights (OCR) to strengthen its Health Insurance Portability and...more

Cooley LLP

Blog: Cancer Care Group Reaches Agreement to Settle Alleged HIPAA Violations

Cooley LLP on

Last week, Cancer Care Group, P.C. (CCG), an Indiana radiation oncology practice, agreed to settle alleged violations of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) by paying $750,000 and adopting...more

McGuireWoods LLP

UK Patients’ Data Exposed by Group Email

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The 56 Dean Street Clinic, which is operated by the Chelsea and Westminster NHS Trust and specializes in HIV and other sexual health services, has apologized for the error which revealed (to all 780 recipients) the full names...more

Latham & Watkins LLP

St. Elizabeth’s Medical Center Pays $218,400 to Settle Alleged HIPAA Security Case Stemming from Use of Cloud-Based Document...

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Alleged HIPAA Violations Resulted from Medical Center’s Failure to Risk Assess Internet-Based Document Sharing Application and Inadequate Breach Response. The US Department of Health and Human Services (HHS) Office for...more

Foley & Lardner LLP

Is My Telehealth App Subject to HIPAA?

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Many telehealth and mHealth app developers are concerned about whether or not their app is a medical device under FDA regulations (and rightfully so), they often pay less attention to the Health Insurance Portability and...more

Cozen O'Connor

Data Breach Plaintiff Given Second Chance to Certify Class Action Suit

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Recently, the Pennsylvania Superior Court ruled in favor of data breach plaintiff Avrum Baum, giving him a second chance to certify a class action suit against Keystone Mercy Health Plan. Baum brought suit against the...more

Proskauer on Privacy

What Preemption? Connecticut State Court Gives Life to Negligence Claims Based on HIPAA Privacy Standard of Care

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Like many federal statutes, the Health Insurance Portability and Accountability Act of 1996 (HIPAA) contains a provision governing how the statute is designed to interact with similar or otherwise related state laws. When...more

Mintz - Privacy & Cybersecurity Viewpoints

On The Eighth Day of Privacy, Health Care Systems (Over)Shared Data

When is “sharing” too much of a good thing? And will it get worse for health care systems in 2015? Data sharing has become a point of sharp focus in the efforts to improve the quality and efficiency of health...more

Davis Wright Tremaine LLP

Encryption and Securing BYO Devices at the Heart of Massachusetts AG $100,000 Settlement

The Massachusetts Attorney General announced Friday that her office had reached a settlement with Beth Israel Deaconess Medical Center (BIDMC) surrounding a 2012 data breach in which a physician’s unencrypted personal laptop...more

Troutman Pepper

Connecticut Supreme Court Allows Plaintiffs to Circumvent HIPAA’s No Private Right of Action Clause

Troutman Pepper on

In an opinion released on November 11, the Connecticut Supreme Court ruled on whether the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and its implementing regulations preempt a common law claim for...more

K&L Gates LLP

Connecticut Supreme Court Issues Decision That Could Expand State Law Liability in Data Breach Class Actions for Businesses...

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Health care providers have not escaped the recent proliferation of data breach class actions, but plaintiffs generally have been unsuccessful in bringing claims based on the Health Insurance Portability and Accountability Act...more

Baker Donelson

A Recent State Supreme Court Ruling Opens the Door for Breach of Privacy Claims Against Health Care Providers

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It has long been established that there was no private right of action with regard to HIPAA. All providers must be aware that state courts are beginning to turn the tide regarding such liability. On November 11, 2014, the...more

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