News & Analysis as of

Health Care E-Note - September 2014

In This Issue: - Doctors, Insurers Critical of Medicare Physician Fee Schedule - Health Spending Expected to Increase Modestly Over Next Decade - U.S. Hospitals Have Highest Administrative Costs...more

Privacy Class Action – Theories of Liability – 2013 Year in Review

One hot area of data privacy litigation over the past several years has been data breach class actions brought under the California Confidentiality of Medical Information Act (“CMIA”), which provides that a person may recover...more

Paying the Price: Physician Group Faces Hefty Penalty and OCR Oversight After Failure to Conduct Security Risk Assessment and...

What you need to know: The Office for Civil Rights of the US Department of Health & Human Services is continuing its trend toward more aggressive enforcement of HIPAA violations. Small provider entities are not immune...more

HIPAA Final Omnibus Rule – published Jan. 25, 2013

Six Points Health Care Professionals and Organizations (and those who do business with them) Need To Know NOW: - Possible fines have increased dramatically. Under prior law, fines were capped at $100 per violation, with...more

A Detailed Analysis of Changes to HIPAA and the Implications for Healthcare Providers and Others in the Healthcare Industry: HIPAA...

Changes to the HIPAA Enforcement Rule - Background: On October 30, 2009, HHS issued an interim final rule revising the Enforcement Rule to incorporate provisions of the HITECH Act. The NPRM then proposed a number of...more

Burr Alert: New HIPAA Rules Issued: “Sweeping” Changes For Healthcare Providers And Business Associates

On January 17, 2013, the Department of Health and Human Services (“HHS”) released its long awaited final HIPAA rule, which significantly expands certain obligations for healthcare providers and their business associates (the...more

Battling ‘Breach Fatigue’: How to Get Their Attention

Healthcare professionals recently convened at the HIMSS Privacy & Security Forum in Boston to discuss the growing problem of data breaches and compromised patient privacy. Providers clearly need to take a strong approach to...more

State Fines Hospital For Patient Confidentiality Breach; Requires HIPAA Training For Executives

A California hospital that disclosed a patient’s medical record in response to a California Watch investigative report on the alleged inappropriate billing practices of the hospital’s parent organization was recently cited by...more

Boston-Area Hospital to Pay $1.5 Million to Settle HIPAA Violations Over Security Breach

On September 17, 2012, Massachusetts Eye and Ear Infirmary, a Boston area hospital, has agreed to pay $1.5 million to the U.S. Department of Health and Human Services to settle allegations of violations of the HIPAA Security...more

Hackers Demand Ransom to Keep Medical Records Private

Medical-data blackmail is becoming more common as more health care providers adopt electronic health records systems and store patient data digitally. This Bloomberg technology blog story describes some of the larger...more

First State HIPAA Enforcement Action against a Business Associate Returns $2.5 Million Payout

In February, we alerted you to the first HIPAA enforcement action taken against a business associate. The action was pursued by the Minnesota Attorney General against Accretive Health, a service provider that was involved in...more

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