News & Analysis as of

Electronic Medical Records Data Breach

Constangy, Brooks, Smith & Prophete, LLP

FTC amendments to Health Breach Notification Rule are now in effect

On April 24, the Federal Trade Commission announced that it had finalized changes to its Health Breach Notification Rule - to address emerging technologies. Specifically, the Rule was broadened to (1) apply to entities not...more

Ballard Spahr LLP

2024 HIPAA Developments

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Over the course of the past few months, the Office of Civil Rights (OCR) and the Office of the National Coordinator for Health Information Technology (ONC), both of which are divisions of the U.S. Department of Health and...more

Wyrick Robbins Yates & Ponton LLP

Don’t Call It a Breach Rule: FTC Health Breach Notification Rule Has Been Here for Years, Now Updated to Serve as a Backdoor...

As our loyal Practical Privacy readers may remember, back in December of 2021, the Federal Trade Commission (the “FTC” or “Commission”) began a rulemaking process to update the Commission’s Health Breach Notification Rule...more

BakerHostetler

FTC Vastly Expands Reach of the Health Breach Notification Rule

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On April 26, the Federal Trade Commission (FTC) announced its final rule (Final Rule) making changes to the Health Breach Notification Rule (HBNR)....more

Health Care Compliance Association (HCCA)

Privacy Briefs: March 2024

Research from Guidepoint Security found that 2023 saw an 80% increase in ransomware activity year-over-year, driven in part by multiple mass exploitation campaigns impacting hundreds of organizations. In total, the report...more

Dickinson Wright

How Did They Get My Protected Health Information?

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It is no secret that protected health information (or “PHI”) is more and more at risk for cybersecurity attacks. In 2022 (the most recent year this statistic is available), the Department for Health and Human Services Office...more

Bradley Arant Boult Cummings LLP

Rise in Healthcare Data Breaches & the Impact for Healthcare Providers in 2024

The healthcare sector is increasingly facing cyber-threats with ransomware and hacking at the forefront. In the last five years, there has been a staggering 256% rise in significant hacking-related breaches and a 264% surge...more

Ballard Spahr LLP

HIPAA Breach Notifications – A Question of Timing

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You are the HIPAA privacy official of a hospital or health plan (a covered entity under HIPAA). You receive an email from a vendor that handles protected health information (a business associate), informing you that one month...more

Cozen O'Connor

New York May Be Paving the Way for State-level Cybersecurity Regulations on Health Care Facilities

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Last month, a cyberattack forced two New York hospitals to divert and even discharge some patients to other facilities, while the affected hospitals shut down their IT systems to address the issue and restore their secure...more

Health Care Compliance Association (HCCA)

[Event] Healthcare Privacy Compliance Academy - December 11th - 14th, Orlando, FL

Designed for professionals with some compliance knowledge and experience, HCCA’s Healthcare Privacy Compliance Academy is ideal for practitioners who want a deeper understanding of effective compliance management in a...more

Jackson Lewis P.C.

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

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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

Manatt, Phelps & Phillips, LLP

FTC Proposed Health Breach Notification Rule Changes Target the Online Collection of Health Data

The Federal Trade Commission (FTC) continues to expand its regulation of health care data to ensure the data remains protected when shared with consumer-facing applications....more

Health Care Compliance Association (HCCA)

[Event] Healthcare Privacy Compliance Academy - August 21st - 24th, Washington, DC

Designed for professionals with some compliance knowledge and experience, HCCA’s Healthcare Privacy Compliance Academy is ideal for practitioners who want a deeper understanding of effective compliance management in a...more

Health Care Compliance Association (HCCA)

[Event] Healthcare Privacy Compliance Academy - May 8th - 11th, Chicago, IL

Healthcare Privacy Compliance Academy Overview - Designed for professionals with some compliance knowledge and experience, HCCA’s Healthcare Privacy Compliance Academy is ideal for practitioners who want a deeper...more

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 23, Number 2. Privacy Briefs: February 2023

Report on Patient Privacy Volume 23, no 2 (February 2023) DCH Health Systems, based in Tuscaloosa, Ala., said it fired an employee in December after a routine privacy audit revealed evidence that the worker had accessed some...more

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 23, Number 1. Privacy Briefs: January 2023

Report on Patient Privacy Volume 23, no 1 (January 2023) The Centers for Medicare & Medicaid Services (CMS) said a data breach at a Medicare subcontractor impacted the personally identifiable information and protected...more

Health Care Compliance Association (HCCA)

[Event] Healthcare Privacy Compliance Academy - March 6th - 9th, Phoenix, AZ

Designed for professionals with some compliance knowledge and experience, HCCA’s Healthcare Privacy Compliance Academy is ideal for practitioners who want a deeper understanding of effective compliance management in a...more

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 22, Number 11. Privacy Briefs: November 2022

Report on Patient Privacy Volume 22, Number 11. November 2022 - The second largest nonprofit hospital chain in the U.S. has been grappling with an Oct. 3 cybersecurity incident that affected facilities across the country,...more

Health Care Compliance Association (HCCA)

[Event] Healthcare Privacy Compliance Academy - December 5th - 8th, Anaheim, CA

Each Academy provides three-and-a-half days of classroom-style training covering the latest laws, regulations, and developments to help you effectively manage your organization’s compliance program. They are ideal for...more

BCLP

Federal Court holds nonprofit health center is immune from data breach class action

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In a case of first impression, the United States District Court for the Southern District of California granted the motion of Defendant Neighborhood Healthcare seeking order compelling the United States to defend a putative...more

Burr & Forman

Cyber Attacks on Health Care Entities Increasing

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Cyber-attacks on health care entities are becoming increasingly frequent, and the resulting data breaches are often complex. In the event of a cyber-attack, health care entities and their business associates must adhere to...more

Robinson+Cole Health Law Diagnosis

Privacy Tip – Health Care Sector Continues to Be Hit with Ransomware

According to the 2022 State of Ransomware Report issued recently by Sophos, it surveyed 5,600 IT professionals from 31 countries, including professionals in the health care sector. Those professionals in the health care...more

Fox Rothschild LLP

Roe or Not, Health Apps Must Protect Reproductive Data

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Ready or not, Roe v. Wade leak or not, health app developers are on notice. Those that collect sensitive personal information, such as reproductive data, must carefully navigate both federal and state laws. These laws are...more

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 22, Number 5. Privacy Briefs: May 2022

Report on Patient Privacy 22, no. 5 (May, 2022) - A law firm in Evansville, Indiana, is considering pursuing claims involving a physician who spoke with women at a bar and then allegedly looked up their medical records, the...more

Sheppard Mullin Richter & Hampton LLP

FTC Continues to Signal Interest in Digital Health Industry, Publishing Updated Resources

The FTC recently published two new resources for complying with the Health Breach Notification Rule. The Rule requires vendors of personal health records (PHR), PHR-related entities and service providers to these entities, to...more

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