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Health Fitness, OCR’s Risk Analysis Initiative, and the ERISA Fiduciary Duty to Select Plan Service Providers

On Friday, the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR) announced the fifth enforcement action under its Risk Analysis Initiative. In this case, OCR reached a settlement with Health...more

Patient’s Request for Records Uncovers Dental Practice’s Ransomware Attack, Leading to $350K Settlement

The Indiana Attorney General Office (OAG) filed a detailed complaint on December 23, 2024 (Complaint) which arose out of the following patient complaint: The OAG received a consumer complaint stating that the consumer had...more

Florida Healthcare Provider Faces $1.19M HIPAA Penalty Following Independent Contractor Breach

A healthcare provider delivering pain management services in Florida and other states faces a $1.19 million civil monetary penalty from the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR)....more

Key Takeaways for Healthcare Providers Following HHS OCR’s Most Recent Ransomware Investigation

Announcing its fourth ransomware cybersecurity investigation and settlement, the Office for Civil Rights (OCR) also observed there has been a 264% increase in large ransomware breaches since 2018....more

Investigation of AI Training by Australian Radiology Provider Provides Important Reminder for U.S. Healthcare Providers

If there is one thing artificial intelligence (AI) systems need is data and lots of it as training AI is essential for achieving success for a given use case. A recent investigation by Australia’s privacy regulator into the...more

New HIPAA Final Rule Imposes Added Protections for Reproductive Health Care Privacy

On April 22, 2024, the federal Department of Health and Human Services’ Office for Civil Rights (OCR) announced a final rule enhancing privacy protections relating to reproductive health care. Specifically, the final rule...more

Downstream Breaches Cause Headaches for Healthcare Providers, as State AG Seeks Law Change to Require AG Notification

For healthcare providers and health systems covered by the privacy and security regulations under the Health Insurance Portability and Accountability Act (HIPAA), a breach of unsecured protected health information (PHI)...more

AI, Phishing Attacks, Healthcare, and a $480,000 OCR Settlement under HIPAA

Phishing has long been a favorite tactic for threat actors (hackers) to commence a cyberattack. The rapid expansion of more adaptable and available artificial intelligence (AI) technologies, such as natural language...more

Sanction Policies Can Help Drive Cybersecurity and HIPAA Compliance, OCR Says

Many HIPAA covered entities and business associates struggle with developing and implementing a sanctions policy. What should it say, is zero-tolerance required, do we have to impose discipline in every case, etc. These are...more

OCR Official Speaks About Compliance Concerns for HIPAA Covered Entities and Business Associates

What do ransomware, Yelp, and website tracking technologies all have in common? They are troubling areas of concern for HIPAA covered entities and business associates, according to one official from the federal Office for...more

Hospital Mergers Double the Risk of a Data Breach, Study Shows

The healthcare sector is a prime target for data breaches. According to a summary by the HIPAA Journal, 32% of all data breaches between 2015 and 2022 were in the healthcare sector, “almost double the number recorded in the...more

ChatGPT and HIPAA, Caution is Needed, Even ChatGPT Says So!

Recently, things may have sped up a little in your doctor’s office. The notes for your recent visit may have been organized and filed a little more quickly. You might have received assistance sooner than expected with a...more

HHS and FTC Send Joint Letter to 130 Hospital Systems, Telehealth Providers Re: Tracking Technologies

The Department of Health and Human Services and the Federal Trade Commission have sent a joint letter to approximately 130 hospital systems and telehealth providers to emphasize the risks and concerns about the use of...more

$240,000 HIPAA Settlement With OCR Due to Snooping Security Guards

It is not the first time we have written about complaints, OCR settlements, and even jail time following snooping by hospital employees into patient records. For example, as COVID raged, an investigation showed that for...more

NJ Mental Health Provider’s Response to Negative Online Reviews Costs Practice $30,000 in OCR Penalty

Unhappy consumers, including patients, are free to express dissatisfaction with services they receive from providers on popular social media or online review platforms, such as Yelp and Google. At least in the healthcare...more

Failure to Follow OCR HIPAA Technical Assistance Results in $15,000 Settlement for Small Provider

We have written several times about U.S. Department of Health and Human Services Office for Civil Rights’ “HIPAA Right of Access Initiative.” In its most recent enforcement action under the Initiative, the 44th such...more

Top Ten for 2023 – Happy Data Privacy Day!

To celebrate Data Privacy Day, we present our top ten data privacy and cybersecurity predictions for 2023. 1. Healthcare and Medical Data Security and Tracking- The healthcare industry has been facing increased scrutiny...more

HIPAA Regulated Entities: Website or App Tracking Technologies, Pixels Can Create Significant Compliance and Litigation Risks

Last month, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) issued a bulletin with guidance concerning the use of online tracking technologies by covered entities and business associates...more

Top 10 Blog Posts for the Workplace Privacy, Data Management & Security Report for 2022

As the year comes to a close here are some of the highlights from the Workplace Privacy, Data Management & Security Report with our Top 10 most popular posts of 2022:.....more

OCR Reminds Healthcare Providers and Their Business Associates – You Need an Incident Response Plan!

We have been quite busy this October, which happens to be National Cybersecurity Awareness Month. But, we did not want to let the month go by without some recognition; and we are grateful to the HHS Office for Civil Rights...more

Recent HIPAA Settlement Offers Lessons on Data Disposal and the Meaning of PHI

A $300,640 settlement announced yesterday by the Office for Civil Rights (OCR) provides important reminders about HIPAA Privacy Rule and data privacy practices generally: robust data disposal practices are critical and...more

Dobbs and Privacy: President Biden’s Executive Order and OCR HIPAA Guidance

In response to the United States Supreme Court decision in Dobbs vs. Jackson Women’s Health Organization, President Joe Biden signed an Executive Order on Friday, July 8, 2022, designed to protect access to reproductive...more

“Get a Life” – Another Dentist Responds to Patient’s Online Review, This Time Faces a $50,000 OCR Penalty

It can be cathartic responding to a negative online review. It can also backfire, as can failing to cooperate with an OCR investigation as required under HIPAA. The Office for Civil Rights (OCR) recently announced four...more

OCR Speaks To HIPAA, COVID-19 Vaccinations, Privacy, And The Workplace

When use or disclosure of an individual’s health information or medical records is at issue, the assumption seems to be, much more often than not, that the HIPAA privacy and security rules apply. This has certainly been the...more

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