Healthcare Health Insurance Portability and Accountability Act

News & Analysis as of

Information From 700+ Patients Stolen from LAC+USC Medical Center

Los Angeles County-USC Medical Center (LAC+USC) has notified patients that the protected health information of over 700 patients seen in the LAC+USC neurosurgery clinic was stolen from an employee’s car. The information,...more

MedStar Health Cardiology Associates Employee Emails Patient Information to Personal Account and Gets Fired

MedStar Health Cardiology Associates, (“MedStar Cardiology”) affiliated with MedStar Health, which was recently in the news for a ransomware attack, discovered that an employee sent protected health information of 907...more

SCAN Health Plan Notifies Patients of Data Breach Affecting 87,000 Individuals

SCAN Health Plan of California, SCAN Health Plan Arizona, and VillageHealth are in the process of notifying certain plan members and non-plan members of a breach of protected health information, including names, addresses,...more

Orleans Medical Clinic Notifies 6,890 Patients of Data Breach

Orleans Medical Clinic (Orleans) in Indiana has notified the Office for Civil Rights that the protected health information of 6,890 patients was compromised as a result of an upgrade to its server. Orleans is in the process...more

Sixth Circuit Denies Seal of Approval for Unjustified Filings Under Seal

Litigants and third parties subpoenaed to produce information in litigation who believe that information that they deem confidential will not ever become part of the public record so long as a discovery protective order is in...more

Healthcare Compliance: Juggling Risk Mitigation Strategies

Healthcare organizations – ranging from physician practice groups to large, multi-state hospital systems – face a variety of risks, including fraud and abuse, as well as HIPAA privacy issues. Starting from a baseline risk...more

Agencies Encourage New Privacy Regulations to Close the mHealth Black Hole and Keep Pace with Evolving Technologies

On July 19, 2016, the ONC submitted a report to Congress which suggests that health privacy regulations soon may be revised to catch up with the universe of mHealth technologies that now use and share personal health data....more

Heal Thyself: Insider Threats to Heed, Especially for Industries with Large Amounts of Personal Information

A recent study by the Ponemon Institute found that insider threats due to malicious or negligent employees are the leading cause of private-sector cybersecurity incidents. Of the over 600 information security professionals...more

Ransomware and Malware Continue to Plague Health Care Organizations

We continue to warn health care organizations about the real and serious risks associated with ransomware and malware, but organizations don’t prepare for it adequately and are getting hit hard. Just this past week,...more

Illinois’ Largest Health System Agrees to Stringent HIPAA Breach Settlement

The Department of Health and Human Services Office for Civil Rights (OCR) announced on August 4, 2016, a settlement agreement with Advocate Health Care Network, an integrated healthcare system with ten hospitals and a...more

HIPAA News: HHS Getting Tough On ePHI Data Breaches

On August 4, 2016, the U.S. Department of Health and Human Services, Office of Civil Rights (OCR) announced a record-setting settlement with Advocate Health Care Network (Advocate) for multiple potential violations of HIPAA...more

Banner Health Begins to Notify 3.7 Million Patients This Week of Data Breach From Cyberattack

Phoenix, Arizona, based Banner Health (Banner), reportedly one of the largest health care organizations in the country, began notifying up to 3.7 million patients this week of a data breach of its computer systems that...more

FTC Mobile Health Guidance

On April 5, 2016, the Federal Trade Commission (FTC) released new guidance for mobile apps directed towards providing health-related services and information. This guidance was developed with numerous other agencies,...more

Behavioral health provider StarCare Specialty notifies 2,900 patients of breach of PHI

StarCare Specialty Health System, located in Lubbock, Texas, is notifying 2,900 patients “who received Intellectual Developmental Disabilities program services, Behavioral Health program services, and Therapeutic Treatment...more

University of Mississippi Medical Center settles HIPAA violations for $2.75M

The Office for Civil Rights (OCR) has obtained another big settlement from a covered entity resulting from a data breach. This most recent settlement of fines and penalties and a Resolution Agreement is with the University of...more

Prevailing in an Era of Regulatory Enforcement – Balancing Risk and Compliance [Expect Focus – Vol. II, July 2016]

IN THE SPOTLIGHT - - SEC Sanctions Unregistered EB-5 Investments Broker SECURITIES - - FINRA to Assess Member Firms’ Culture - SEC Seeks Fund Responses to Distribution-In-Guise Guidance...more

HHS issues new guidance on individual access to PHI under HIPAA

On January 7, 2015, HHS issued new guidance (Guidance) regarding an individual’s right to access his or her health information under HIPAA’s Privacy Rule. The Guidance emphasizes that HIPAA, while protecting the privacy and...more

ProPublica releases HIPAA Helper

A damning series of reports by ProPublica has revealed that based upon its analysis of federal data, “hundreds of health providers nationwide” have repeatedly violated HIPAA between 2011 and 2014. According to the...more

Health Provisions in the Omnibus Appropriations: Cybersecurity in the Healthcare Industry

The omnibus appropriations legislation that Congress passed last week contained a variety of health-related provisions. These provisions include rescinding funding for the Independent Payment Advisory Board (IPAB),...more

Health Care E-Note - December 2015

A little-noticed provision in the federal Bipartisan Budget Act of 2015 calls for OSHA to increase its penalties to adjust for inflation for the first time since 1990. Please see full E-Note below for more...more

Looking Ahead to 2016 and Beyond: Could the Precision Medical Initiative Revolutionize the Way Patients Receive Medical Treatment?

The Precision Medicine Initiative (“PMI”) was officially unveiled in President Obama’s January 2015 State of the Union address. Precision medicine is an emerging approach for disease prevention and treatment that considers an...more

University with Multiple Covered Entity Components Enters Into $750,000 HIPAA Settlement

On December 14, 2015, the U.S. Department of Health and Human Services, Office for Civil Rights (OCR) announced a $750,000 settlement with the University of Washington (UW). This is the third HIPAA settlement announced by OCR...more

U.S. must crack down on small but hugely painful patient privacy breaches

Although Americans may live in dread about large-scale data breaches by big corporations, instances in which health care personnel inappropriately peek and tell information from patients’ private medical records can be...more

Stolen, Unencrypted Laptop Leads to $850,000 Settlement and Comprehensive Corrective Action Plan for Massachusetts Teaching...

The U.S. Department of Health and Human Services, Office of Civil Rights (OCR), has announced a settlement with Lahey Hospital and Medical Center (Lahey) that arose out of a HIPAA breach involving a stolen laptop. The...more

Triple-S settles HIPAA violations for $3.5M

Triple-S Management Corp., an insurance holding company based in San Juan, Puerto Rico, has agreed to settle an investigation of HIPAA violations by the Office for Civil Rights (OCR) for $3.5 million. According to the OCR...more

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