News & Analysis as of

Health Insurance Portability and Accountability Act

The Health Insurance Portability and Accountability Act is a United States federal statute enacted in 1996 to provide greater protection for individual's medical information and prescribe standards for the... more +
The Health Insurance Portability and Accountability Act is a United States federal statute enacted in 1996 to provide greater protection for individual's medical information and prescribe standards for the manner in which healthcare professionals gather, use, and maintain health information.  less -

Small Healthcare Provider Pays $31,000 for Failing to Have a Business Associate Agreement With File Storage Vendor

by Jackson Lewis P.C. on

Disclosing protected health information (PHI) to a business associate without a compliant business associate agreement (BAA) is an improper disclosure under the HIPAA privacy and security regulations. According to the HHS...more

Health Care Perspectives

With deep experience in the health care industry and a comprehensive understanding of its diverse participants, Katten attorneys serve as conference moderators and panelists, host accredited events, and produce webinars to...more

OCR Levies Hefty Fine Against FQHC

Showing no signs of letting up on enforcement actions, the Office for Civil Rights (OCR) late last week settled an investigation against Metro Community Provider Network MCPN, a Colorado based federally qualified health...more

March Sees an Uptick in Health Data Breaches

The monthly breach report issued by Protenus last week outlining data breaches that occurred in the month of March concludes that there was an “uptick in the number of health data breach incidents.”...more

Phishing Incident Leads to $400,000 HIPAA Settlement

by Saul Ewing LLP on

?On April 12, 2017, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced that Metro Community Provider Network (MCPN) agreed to pay HHS $400,000 to settle alleged HIPAA Security Rule...more

Gone Phishin’: Hack Leads to HIPAA Settlement

While your business may indeed be a “victim” when hit by a phishing attack, your enterprise can also be responsible for violations of law associated with the incident. Earlier this week, the HHS Office for Civil Rights...more

Major League Baseball Wearable Tech Experiment Raises Athlete Privacy Issues

by King & Spalding on

On March 6, 2017, Major League Baseball (“MLB”) announced that it has officially approved a wearable biometric monitoring device (the “Device”) for in-game use by athletes. Created by WHOOP Inc. (“WHOOP”), the Device is the...more

$400,000 Settlement Highlights Need for Pre- and Post-Breach Safeguards

by Dickinson Wright on

The U.S. Department of Health and Human Services, Office for Civil Rights (OCR), has announced another Health Insurance Portability and Accountability Act of 1996 (HIPAA) settlement. This one is with Metro Community Provider...more

ABCD Pediatrics Victim of Ransomware

ABCD Pediatrics, located in San Antonio, Texas has notified the Office for Civil Rights that a ransomware cyber intrusion has resulted in access to its servers, including the protected health information (PHI) of its...more

OCR Urges Covered Entities and Business Associates to Use HTTPS

New guidance from the Office for Civil Rights (OCR) urges covered entities and business associates to use Secure Hypertext Transport Protocol (HTTPS) to protect communications from vulnerabilities. According to OCR, the...more

Washington University School of Medicine Victim of Phishing Attack

Another employee falls for a phishing attack. This time, it was an employee of the Washington University School of Medicine The employee received a phishing email on December 2, 2016, and feel for what looked like a real...more

Securing Protected Health Information: FBI Warning

by Burns & Levinson LLP on

HIPAA and the HITECH are federal laws that require the protection and security of confidential, protected health information (PHI) and personally identifiable information that is not necessarily health related. The federal...more

AGG Food and Drug Newsletter - April 2017

by Arnall Golden Gregory LLP on

Arnall Golden Gregory LLP's Food and Drug Newsletter is a monthly update of legal and regulatory issues that affect the FDA-regulated community, including regular updates on legislative initiatives from AGG’s Washington, DC...more

Gone Phishin’: Hack Leads to HIPAA Settlement

Earlier this week, the HHS Office for Civil Rights (“OCR”) announced a $400,000 settlement with Metro Community Provider Network (“MCPN”) related to a 2012 HIPAA breach caused by a phishing scam. The phishing scam, carried...more

Erie County Medical Center IT Systems Shut Down By Virus

Buffalo, New York Erie County Medical Center has announced that its IT system has been shut down since Sunday, April 11, 2017, due to an unnamed virus. The shut-down has affected the medical facility’s email system,...more

New York Attorney General Enters Digital Health App and Privacy Enforcement Fray: Announces Three Settlements with Health and...

by Ropes & Gray LLP on

On March 23, the New York Office of the Attorney General (“NY OAG”) announced Assurances of Discontinuance (“Settlements”) with three developers of health and fitness mobile apps. The Settlements appear to mark the NY OAG’s...more

Telecommuting Healthcare Employees Get Employers in HIPAA Compliance Hot Water

by Dickinson Wright on

As the healthcare industry has expanded to providing home healthcare services, more service providers are allowing their employees to work remotely, i.e., telecommuting. The flexibility for healthcare workers to work from...more

HIPAA Guidance Issued on Man-In-The-Middle Attacks

by McGuireWoods LLP on

Last week, the Office of Civil Rights (OCR) issued guidance on securing end-to-end communications for sensitive information transmitted between parties over the internet. The OCR warns against “man-in-the-middle” (MITM)...more

New HHS OCR Director Appointed – A Change in Course for HIPAA Enforcement?

by Arnall Golden Gregory LLP on

In late March, Roger Severino was appointed to be the new Director of the Department of Health and Human Services Office of Civil Rights (HHS OCR), the office responsible for enforcing the Health Insurance Portability and...more

Leasing to Health Care Tenants: What You Need to Know

by Pepper Hamilton LLP on

Commercial office building landlords frequently find themselves leasing to health care provider tenants. A landlord may not consider doctor’s offices or diagnostic labs as specialty uses, but there are several lease...more

Recent HIPAA Privacy and Security Settlements and Lessons Learned

by Perkins Coie on

Although the fate of the Affordable Care Act remains undecided, enforcement of the HIPAA privacy and security regulations by the Office for Civil Rights (OCR) of the U.S. Department of Health and Human Services is ongoing,...more

OCR Identifies Continuing HIPAA Enforcement Issues, Areas of Future Guidance and Regulations

Last week the Health Care Compliance Association hosted its annual “Compliance Institute.” Iliana Peters, HHS Office for Civil Rights’ Senior Advisor for HIPAA Compliance and Enforcement, provided a thorough update of HIPAA...more

Guidebook: Cybersecurity in the Pharma, Biotech, and Medical Devices Industries

by Foley & Lardner LLP on

As a life sciences or medical device company, it is mission critical to protect lab books, drug and clinical test data, product formulas and production processes that underlie your patents, trade secrets and know-how from...more

2017 HIPAA Enforcement: New Settlements and Penalties Already Total Over $11,000,000

by Williams Mullen on

In our last post, we highlighted the 2016 settlements between the Office for Civil Rights (OCR) and various covered entities (and business associates), in one of OCR’s most active years. As of now, 2017 is proving to be on...more

The TCPA: An Unexpected Deterrent to Patient Engagement Tools

by McDermott Will & Emery on

In an age where providers are increasingly taking the management of their patient’s health online and out of the doctor’s office, the creation of scalable and nimble patient engagement tools can serve to improve patient...more

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Cybersecurity

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