News & Analysis as of

Data Breach Dept. of Health and Human Services

Partner Colin Zick Speaks to Bloomberg BNA about Cyberthreats and Healthcare Data

The federal government has identified two new cyberthreats that put patients’ personal data at risk for exposure. The threats, known as Spectre and Meltdown, exploit a vulnerability in many commercial computer chips...more

Causes of Healthcare Data Breaches

by Bryan Cave on

Pursuant to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), covered entities (e.g. healthcare providers and health plans) must notify the Department of Health and Human Services (“HHS”) of breaches...more

HHS OCR Announces a $2.3 Million HIPAA Settlement Bringing the Agency’s Settlement Total for 2017 to Over $19 Million

by Arnall Golden Gregory LLP on

On December 28th, the Department of Health and Human Services Office of Civil Rights (OCR) announced a $2.3 million settlement with 21st Century Oncology Inc. (21st Century) to settle potential violations of the HIPAA privacy...more

Digital Health Year in Review: 2017 Trends and Looking Ahead to 2018

by McDermott Will & Emery on

Introduction - Throughout 2017, the health care and life science industries experienced a widespread proliferation of digital health innovation that presents challenges to traditional notions of health care delivery and...more

ICYMI: PrivSec’s Weekly News Picks

by Davis Wright Tremaine LLP on

IAB Europe reported that it “presented a new technical standard to support the digital advertising ecosystem in meeting requirements relating to user consent under the General Data Protection Regulation (GDPR).” The...more

North Carolina DHS Notifies 6,000 of Data Breach of Drug Testing Information

The North Carolina Department of Health and Human Services has notified close to 6,000 individuals that a spreadsheet containing the names, Social Security numbers and test results for routine drug testing for employment,...more

Global Privacy & Cybersecurity Update Vol. 16

by Jones Day on

UNITED STATES - Regulatory—Policy, Best Practices, and Standards - United States and China Renew Promise Not to Hack - On October 4, U.S. and Chinese officials agreed to not engage in targeted hacking. Per a...more

Lessons To Be Learned From The Breach Of Nearly 500,000 Individual Health Records Reported In September 2017

by Jackson Lewis P.C. on

A recent report indicates that nearly 500,000 individual health records were breached in September 2017. This figure is taken from the 39 healthcare data breaches involving more than 500 records that were reported to the...more

Latest OCR Cybersecurity Newsletter Tackles Mobile Devices

The U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) released its October Cybersecurity Newsletter last week with a focus on mobile devices. Given the amount of work conducted on mobile devices...more

HIPAA Check: Do You Know What to Do if a Breach Happens to You?

by Williams Mullen on

Breaches happen. They happen to major health systems, and they happen to solo practitioners. They happen to health plans, and they happen to health information technology vendors. In our technology-reliant world, it would be...more

Health Care E-Note - October 2017

by Burr & Forman on

Health care providers are constantly receiving requests for copies of patient medical records. Some requests come by way of the patient exercising his/her right to access his/her medical records, some come by way of patient...more

Enhanced HHS HIPAA Breach Reporting Tool May Aid Health Care Industry Data Security Efforts

by Jackson Lewis P.C. on

Secretary Tom Price of the U.S. Department of Health and Human Services (HHS) announced his agency needs “to focus more on the most recent breaches and clarify when entities have taken action to resolve the issues that might...more

NY AG Fines Healthcare Firm $130,000 for Improperly Delaying Breach Notices to Consumers Due to an FBI Investigation

by Arnall Golden Gregory LLP on

On June 15th, New York Attorney General Eric Schneiderman announced a settlement with CoPilot Provider Support Services Inc. to resolve allegations that the company improperly delayed notice to more than 220,000 consumers of...more

How Can Healthcare Organizations Prepare for the Next Cyberattack?

by Latham & Watkins LLP on

HHS OCR issues checklist, iterative guidance in wake of WannaCry and Petya attacks; Anthem breach settlement provides additional lessons. Key Points: ..Healthcare organizations are particularly vulnerable to ransomware...more

Tick Tock Tick Tock, When a Breach Occurs, You’re on the Clock!

As a reminder that state attorneys general have enforcement authority over breach notifications, the New York Attorney General recently announced a $130,000 settlement for a failing to provide breach notification in a...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

My Entity Just Experienced a Cyber-Attack! What Do We Do Now?

by Balch & Bingham LLP on

On June 9, 2017, the U.S. Department of Health and Human Services (HHS), Office of Civil Rights (OCR) released a cyber-attack “Quick Response” checklist (the Checklist) for the benefit of HIPAA covered entities and business...more

OCR Publishes Checklist and Infographic for Cyber Attack Response

OCR released a simple checklist and infographic last week to assist Covered Entities and Business Associates with responding to potential cyber attacks. As cybersecurity remains a pressing concern for health care entities,...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

Causes of Healthcare Data Breaches (Update)

by Bryan Cave on

Pursuant to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), covered entities (e.g. healthcare providers and health plans) must notify the Department of Health and Human Services (“HHS”) of breaches...more

(Un)Protected Health Information Held for Ransom

by Snell & Wilmer on

Recent experiences of major health care companies offer a reminder of the importance of data security and following a well-written policy for compliance with the HIPAA Privacy Rule....more

Global Privacy & Cybersecurity Update Vol. 14

by Jones Day on

New York Attorney General Announces Record Number of Data Breach Notices in 2016 - On March 21, 2017, the New York Attorney General's Office announced that it received 1,300 reported data breaches in 2016—a 60 percent...more

HHS OCR Resumes HIPAA Enforcement Action Announcements: Four New Settlements and Penalties Totaling More than $5 million in a One...

by Arnall Golden Gregory LLP on

After a pause of nearly two months, the Department of Health and Human Services Office of Civil Rights (HHS OCR) has resumed its announcement of settlements for alleged HIPAA violations, with four new settlement agreements...more

2017 HIPAA Enforcement – Appears Not To Be Slowing Down

by Snell & Wilmer on

To state the obvious, there has been some uncertainty regarding how the Trump Administration will affect federal agency enforcement efforts. However, at least, in regard to HIPAA Privacy and Security, the U.S. Department of...more

First HIPAA Settlement Involving a Wireless Health Services Provider

?On April 24, 2017, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced that CardioNet, Inc. (CNI) agreed to pay $2.5 million and enter into a Corrective Action Plan (CAP) to settle...more

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