News & Analysis as of

Protected Health Information Electronic Medical Records

Unencrypted Backup Drive of 531 EEG Patients Lost

Baptist Medical Center South, located in Jacksonville, Florida has admitted that one of its backup drives has been missing since May 18, 2017. The unencrypted backup drive contained the protected health information of 531...more

Hixon: Medical records and privacy

by GableGotwals on

Many people mistakenly believe that their medical files maintained by their physicians are 100 percent private. However, there are legal scenarios in which those files are under subpoena and that require physicians to comply...more

HHS Releases Health Care Industry Cybersecurity Task Force Report

Last week, the Department of Health and Human Services (HHS) issued its “Report on Improving Cybersecurity in the Health Care Industry,” which is the culmination of a year-long effort on behalf of the Cybersecurity Task...more

Increased Focus on Health Care Cybersecurity: HHS Releases Long-Awaited Report and Cyber Attack Quick-Response Checklist

by McGuireWoods LLP on

The U.S. Department of Health & Human Services (HHS) issued a recent report noting that cybersecurity is a key public health concern that needs “immediate and aggressive attention.” Shortly thereafter, HHS’ Office for Civil...more

Health System Paid $2.4 Million Settlement After Identification in a Press Release of a Patient Who Was Engaged in Fraud

by Dickinson Wright on

The U.S. Department of Health and Human Services Office for Civil Rights (“OCR”) announced a $2,400,000 settlement with Memorial Hermann Health System (“MHHS”) to resolve an investigation of an unauthorized disclosure of...more

HIPAA Enforcement Update (February 2017 – April 2017)

by Locke Lord LLP on

In recent months, the Department of Health and Human Services, Office for Civil Rights (OCR) has announced four settlement agreements and one civil monetary penalty to resolve allegations of Health Insurance Portability and...more

OCR Settles With Texas Health System for $2.4 Million for Disclosing PHI to Media In a Press Release

The Office for Civil Rights (OCR) issued a press release today announcing that it has settled alleged HIPAA violations with Memorial Hermann Health System (MHHS) for $2.4 million. According to the Resolution Agreement it has...more

$2.5 Million Settlement Shows That Not Understanding HIPAA Requirements Creates Risk

by Fox Rothschild LLP on

In one of the best examples we have ever seen that it pays to be HIPAA compliant (and can cost A LOT when you are not), the U.S. Department of Health and Human Services, Office for Civil Rights, issued the following press...more

A $31,000 Mistake: Failing To Manage Business Associate Agreements Proves Costly For Providers

The Center for Children’s Digestive Health (CCDH), a small, for-profit pediatric subspecialty practice that operates seven clinics in the Chicago area, has paid the U.S. Department of Health and Human Services, Office for...more

Healthcare Advisory: HHS Announces First Settlement with a Wireless Health Services Provider

by Sherman & Howard L.L.C. on

On April 24, 2017, the Department of Health and Human Services, Office of Civil Rights (“OCR”), announced its first settlement with a wireless health services provider, CardioNet, Inc., for alleged violations of the 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

$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

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

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

Defining the boundaries: Retention of medical records

by Hogan Lovells on

Medical records are of vital importance both in the medical and legal spheres in South Africa. These records contain all vital information pertaining to a patient, their condition, diagnosis and treatment, either in or out of...more

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?

by Snell & Wilmer on

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

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

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

by McGuireWoods LLP on

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

Hospital pays $3.2M Resulting from HIPAA Security Rule Noncompliance

by Saul Ewing LLP on

In one of the last health care related acts of President Obama’s administration, the U.S. Department of Health and Human Services, Office for Civil Rights (OCR), imposed a multimillion-dollar HIPAA civil money penalty (CMP)...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

Data Breach Class Action Reinstated Against Horizon Healthcare Services Inc.

by Ballard Spahr LLP on

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

New Hampshire Psychiatric Hospital Patient Records Posted Online by Former Patient

The New Hampshire Department of Health and Human Services has notified up to 15,000 patients of its psychiatric hospital (New Hampshire Hospital) that their names, addresses, Social Security numbers, Medicaid ID numbers and...more

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Cybersecurity

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