News & Analysis as of

Data Breach Health Insurance Portability and Accountability Act (HIPAA) Risk Management

Ogletree, Deakins, Nash, Smoak & Stewart,...

2025 Enforcement Trends: Risk Analysis Failures at the Center of HHS’s Multimillion-Dollar HIPAA Penalties

In the first five months of 2025, the U.S. Department of Health and Human Services’ (HHS) Office for Civil Rights (OCR) announced it had entered into ten Health Insurance Portability and Accountability Act (HIPAA) resolution...more

Robinson+Cole Data Privacy + Security Insider

PIH Health Settles HIPAA Violations for $600,000

PIH Health, a health care entity located in California, suffered a data breach in June 2019 when 45 employee email accounts were compromised in a targeted phishing campaign. The accounts contained the protected health...more

Jackson Lewis P.C.

Florida Bar Urges Law Firms to Adopt Incident Response Plans: A Call to Action for Legal Professionals

Jackson Lewis P.C. on

In late March 2025, the Florida Bar Board of Governors unanimously endorsed the recommendation of its Special Committee on Cybersecurity and Privacy Law that law firms should adopt written incident response plans (IRPs) to...more

Ankura

HIPAA Security Risk Analysis – How should regulated entities prepare for the Office for Civil Rights (OCR) Risk Analysis Audit...

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Following the Office for Civil Rights (OCR) recent publication of four settlements as part of a new Risk Analysis Audit Initiative. We explore the current regulatory language for Risk Analysis, the proposed language for Risk...more

Arnall Golden Gregory LLP

OCR Announces Fifth Settlement Under Its Risk Analysis Initiative

Background - On March 21, 2025, the U.S. Department of Health and Human Services, Office for Civil Rights (“OCR”) announced a settlement with Health Fitness Corporation (“Health Fitness”), a company that provides wellness...more

Foley Hoag LLP - Security, Privacy and the...

HHS OCR Settles HIPAA Security Rule Investigation with Health Fitness Corporation

On March 21, 2025, the U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) announced a settlement of HIPAA security rule claims involving Health Fitness Corporation (Health Fitness). Health Fitness...more

Jackson Lewis P.C.

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

Jackson Lewis P.C. on

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

Smith Anderson

Healthcare Cyberattacks Are on the Rise: Steps to Safeguard Your Organization

Smith Anderson on

Cyberattacks remain one of the most serious threats facing the healthcare industry. Healthcare providers and their vendors handle sensitive and valuable health data, making them prime targets for cybercriminals....more

Clark Hill PLC

Right To Know - March 2025, Vol. 27

Clark Hill PLC on

Cyber, Privacy, and Technology Report - Welcome to your monthly rundown of all things cyber, privacy, and technology, where we highlight all the happenings you may have missed....more

Robinson+Cole Data Privacy + Security Insider

Warby Parker Settles Data Breach Case with OCR for $1.5M

Eyeglass manufacturer and retailer Warby Parker recently settled a 2018 data breach investigation by the Office for Civil Rights (OCR) for $1.5 million. According to OCR’s press release, Warby Parker self-reported that...more

BCLP

Cyber - More Than Just Breach Response

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The vast majority of commentary and public advice concerning data breaches surround, deservedly, the breach itself. This focus is only natural; it is the breach itself that requires victims to bring enormous resources to bear...more

Shook, Hardy & Bacon L.L.P.

OCR Enforcement Activity: Trends and Insights From a Limited Sample

Arecent report put the odds of an asteroid hitting the earth in December 2032 at 3.1%—which is 3,100 times more likely than an organization resolving an enforcement action with the U.S. Department of Health and Human...more

Mintz - Privacy & Cybersecurity Viewpoints

Latest Installment of our Mintz Matrix!

Please visit here to visit our Mintz Matrix page with the latest edition of the Mintz Matrix, which is a 50-state resource we have maintained since 2009 to break down and summarize requirements of U.S. state data breach...more

Benesch

OCR Proposes Modification to HIPAA Security Rule

Benesch on

In late December 2024, the Office of Civil Rights at the U.S. Department of Health and Human Services (“OCR”) issued a notice of proposed rulemaking to modify the Security Standards to the Protection of Electronic Protected...more

Saul Ewing LLP

Seeing is Believing: A Civil Money Penalty With Warby Parker Following Cybersecurity Incident

Saul Ewing LLP on

On February 20, 2025, the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR) announced a $1.5 million civil money penalty (CMP) against Warby Parker, Inc. (WP). WP is a manufacturer and online...more

Nilan Johnson Lewis PA

Nine Steps Healthcare Entities Should Take to Prevent Cyberattacks

Nilan Johnson Lewis PA on

The U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) recently imposed a $1.5 million civil money penalty against Warby Parker, Inc., a manufacturer and online retailer of eyewear, for...more

Polsinelli

CISA and FDA Sound Alarm on Backdoor Cybersecurity Threat with Patient Monitoring Devices

Polsinelli on

Last week, the U.S. Cybersecurity and Infrastructure Security Agency (“CISA”) and the U.S. Food and Drug Administration (“FDA”) released warnings about an embedded function they found in the firmware of the Contec CMS8000,...more

Health Care Compliance Association (HCCA)

We’ll Take the Fine: OCR’s ‘Unwarranted,’ Costly Demands Prompted Hospital’s $538K Payment

The saga that led Children’s Hospital Colorado to accept a fine of more than $500,000 imposed by the HHS Office for Civil Rights (OCR) began on July 11, 2017, when a physician’s email account containing details on 3,300...more

Dentons

Ep. 47 – Make Your HIPAA Security Program Dynamic

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“Almost every stage of modern healthcare relies on stable and secure computer and network technologies.” The above is a direct quote from the Office of Civil Rights for Health & Human Services (“OCR”) in its proposed...more

McDermott+

To Comment or Not to Comment: Looking at the Biden Administration’s HIPAA Cybersecurity Proposed Reg

McDermott+ on

One of the Biden Administration’s last healthcare regs was a proposed rule that, if finalized, would make significant changes to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Security Rule to...more

Orrick, Herrington & Sutcliffe LLP

Proposed HIPAA Security Rule Update: What It Means for Cybersecurity in Health Care

Recently, the Department of Health and Human Services’ Office for Civil Rights (OCR) issued a notice of proposed rulemaking (NPRM) to update the Health Insurance Portability and Accountability Act (HIPAA) Security Rule—the...more

BCLP

Pressure-Testing Your Privacy Program for 2025

BCLP on

With the onslaught of new privacy, AI and cyber legislation coupled with promises for enforcement and class action litigation, running a well-functioning and flexible privacy and cyber program is increasingly a critical...more

McCarter & English, LLP

Season of Enforcement: OCR Announces Its Sixth Enforcement Action of 2025

With 2025 barely three weeks old, the US Department of Health and Human Services Office for Civil Rights (OCR) has already announced six enforcement actions for the new year. Particularly significant is the advancement of...more

Epstein Becker & Green

Recent Developments in Health Care Cybersecurity and Oversight: 2024 Wrap Up and 2025 Outlook

Epstein Becker & Green on

As Cyberattacks targeting the health care sector have continued to intensify over the past year, including ransomware attacks that have resulted in major data breaches impacting health care organizations, the protection of...more

Ropes & Gray LLP

New Year, New Data Breach Notification Requirements in New York: Impactful Changes for Life Sciences and Consumer Health Care...

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In December 2024, New York Governor Kathy Hochul signed into law two bills (A8872A and S2376B; collectively, the “Bills”) that amend New York’s Data Breach Notification Law. The Bills introduce a maximum thirty-day timeframe...more

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