Health Care Providers Protected Health Information

News & Analysis as of

Cardiology Group Hard Drive Stolen

Denton Heart Group, located throughout Dallas, has notified 21,665 patients that their protected health information has been compromised as a result of the theft of a hard drive from a locked closet....more

HIPAA Checkup – How Good Are Your Policies and Procedures?

Although it is not a new requirement, it is important and therefore worth a reminder: HIPAA requires covered entities to establish and implement written policies and procedures that are consistent with its Privacy and...more

West Virginia University Medicine University Healthcare Patients Victims of Identity Theft

West Virginia University Medicine University Healthcare (WVUM) has confirmed that it is sending notification letters to over 7,400 of its patients seen at Berkeley Medical Center as a result of an unauthorized access to their...more

Florida Supreme Court Rejects PSQIA Preemption of Florida Constitution

On January 31, 2017, the Florida Supreme Court held that adverse medical incident reports produced in accordance with Florida law cannot constitute confidential and privileged patient safety work product (PSWP) under the...more

Horizon BCBS of New Jersey Pays State $1.1 million for HIPAA violations

We often forget that state AG’s have jurisdiction under the HIPAA Omnibus Rule to levy fines and penalties against HIPAA covered entities for violations. This is because the Office for Civil Rights has traditionally taken the...more

2017 HIMSS Conference Insights

Members of Arnall Golden Gregory LLP's Healthcare Information Technology team attended the 2017 HIMSS Conference February 19-23 in Orlando, FL. Hundreds of innovative companies and 40,000+ technology professionals took part...more

OCR’s Latest Health Breach Investigations Yield Big Settlements

In a span of a few weeks in early January 2017, the U.S. Department of Health and Human Services’ Office for Civil Rights (“OCR”) announced two major settlements under the Health Insurance Portability and Accountability Act...more

Vanderbilt University Medical Center PHI Breached by Patient Transporters

Vanderbilt University Medical Center (VUMC) has announced that it will be sending breach notification letters to over 3,000 patients as a result of unauthorized access to PHI by two patient transporters....more

2017 HIPAA Enforcement: Year to Date Lessons

With the announcements from OCR of three resolution agreements and one civil money penalty as of mid-February, OCR is off to a record start for HIPAA enforcement in 2017, with double the announcements as the same time last...more

Charging for Medical Records Can Cost You

Health care providers often are unaware of federal laws that regulate the process by which they charge patients for copies of medical records. Many providers incorrectly assume that only the law of the state in which the...more

Report Summarizes Healthcare Data Breaches in January 2017

Health care data breaches are not slowing. According to a report issued by Protenus, in conjunction with www.databreaches.net, the summary of healthcare data breaches in 2017 continues where 2016 left off. In January...more

Lessons Gleaned From Recent HIPAA Settlements: An Ounce of Prevention is Worth a Pound of Cure: How Recent OCR Enforcement...

HIPAA enforcement has been on the rise during the last several years, and the dollar impact of those settlements has continued to grow significantly. The Department of Health and Human Services, Office of Civil Rights (OCR)...more

What's "Hidden" in the 21st Century Cures Act for Health Care Entities

The 21st Century Cures Act (Cures) was signed into law December 13, 2016. While the primary focus of the 996-page Act centered on biomedical innovation, several components of Cures have significant implications for health...more

$5.5 Million HIPAA Settlement Matches Largest Payment To-Date

On February 16, 2017, the U.S. Department for Health and Human Services (“HHS”), Office for Civil Rights (“OCR”) announced that Memorial Healthcare Systems of Florida (“MHS”) agreed to pay $5.5 million and enter into a...more

Technical Noncompliance with HIPAA Can Lead to Big Penalties

As discussed in prior client alerts, the Office of Civil Rights (OCR), the agency charged with HIPAA enforcement, has increased HIPAA compliance initiatives in recent months and is poised to continue its enforcement...more

To Settle or Not to Settle – That Is the Question Raised by Recent HIPAA CMPs

On February 1, 2017, the Department of Health and Human Services, Office for Civil Rights (“OCR”) announced that the Children’s Medical Center of Dallas (“Children’s”) has paid a civil monetary penalty (“CMP”) of $3.2 million...more

TortSource: Ransomware: A Reportable Breach?

In the past several years, a huge increase has occurred in the number of electronic attacks in the United States using ransomware, a form of malware that targets and encrypts critical data and systems for the purpose of...more

HIPAA Enforcement Update (October 2016 – January 2017)

Since October 2016, the Department of Health and Human Services, Office for Civil Rights (OCR) announced four settlement agreements to resolve allegations of Health Insurance Portability and Accountability Act (HIPAA)...more

Lack of Timely Action and Knowledge of Risk Results in $3.2 Million Civil Monetary Penalty for HIPAA Violations

Children’s Medical Center of Dallas (Children’s) was hit with a $3.2 million civil penalty from the U.S. Department of Health and Human Services, Office for Civil Rights (OCR) for failing to take steps to properly protect...more

Children’s Medical Center of Dallas Clobbered by OCR

In a rare move by the OCR, it assessed a $3.2 million fine against Children’s Medical Center of Dallas (Children’s) after it issued a Notice of Proposed Determination against Children’s and Children’s failed to request a...more

Key HIPAA Settlement Agreements by HHS’s Office for Civil Rights in 2015 & 2016

The last time this blog presented an overview of key HIPAA settlement agreements at the Office for Civil Rights in the U.S. Department of Health and Human Services was a review of 2014. The number of complaints that year had...more

Heightened Importance for March 1, 2017 HIPAA Small Breach Reporting Deadline

With OCR’s recent announcement of its first enforcement action for lack of timely breach notification and its increased focus on small breaches, the upcoming annual reporting deadline for small breaches takes on increased...more

Cancer Services Provider Confronts Ransomware Bully

My newest hero in the fight against ransomware is Little Red Door Cancer Services of East Central Indiana (Little Red Door). I am sending a donation to it to celebrate its courage in the last few weeks. Little Red Door...more

Data Breach Class Action Reinstated Against Horizon Healthcare Services Inc.

The U.S. Court of Appeals for the Third Circuit has vacated a district court's dismissal of a data breach class action filed against Horizon Healthcare Services Inc., in the wake of the 2013 theft of two computer laptops...more

The Price of PHI – A $2.2 Million USB Drive

A stolen unencrypted USB drive led to a $2.2 million settlement and a Resolution Agreement. The Department of Health and Human Services Office for Civil Rights (OCR) announced on January 18th a settlement with MAPFRE Life...more

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Cybersecurity

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