News & Analysis as of

Electronic Medical Records Data Breach Data Protection

Dickinson Wright

How Did They Get My Protected Health Information?

Dickinson Wright on

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

Ballard Spahr LLP

HIPAA Breach Notifications – A Question of Timing

Ballard Spahr LLP on

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

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)

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

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

Reveal

Protecting Healthcare Records These Days is Like a Game of “Whac-a-Mole”

Reveal on

You’ve probably either played the game “Whac-a-Mole” yourself as a kid, or you watched your kid play it, at a Chuck E. Cheese or another similar arcade. It’s a simple game with five holes in which moles pop up and a soft...more

Rivkin Radler LLP

NJ Infertility Clinic Reaches $495,000 Data Breach Settlement

Rivkin Radler LLP on

The New Jersey Attorney General’s Office announced on October 12 that Diamond Institute for Infertility and Menopause, LLC, based in Millburn, NJ, will pay a $495,000 penalty for allegedly violating HIPAA and state law by...more

Stinson LLP

Health App Vendors Be Warned: You Could Be Subject to FTC's Health Breach Notification Rule

Stinson LLP on

The surge in new health apps and connected devices, which only increased during the pandemic, continues to raise many legal and ethical questions. As a result, lawmakers have been scrambling to define the obligations...more

K&L Gates LLP

Health Care Triage: FTC Reminds Vendors of Personal Health Records of Breach Rule Obligations

K&L Gates LLP on

In this episode, Rebecca Schaefer interviews Gina Bertolini and Desiree Moore about the recent Federal Trade Commission (FTC) policy statement regarding the FTC Health Breach Notification Rule and its applicability to vendors...more

Reveal

Healthcare Organizations Must Deal with their Shadow Information Problem

Reveal on

A myopic focus on protecting EMR (Electronic Medical Records) systems has left healthcare organizations open to shadow information risk. In a world where hackers and ransomware criminals are regularly compromising healthcare...more

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 21, Number 9. Privacy Briefs: September 2021

Report on Patient Privacy 21 no. 9 (September, 2021) - DuPage Medical Group in Chicago said that the personal information of more than 600,000 patients may have been compromised in a July cyberattack. The medical group,...more

Jones Day

California Attorney General Issues Bulletin on Health Data Breach Reporting Requirements

Jones Day on

The California Attorney General ("AG") has issued guidance reminding health care providers of their duty to report health care data breaches and to comply with other state and federal data privacy laws....more

Arnall Golden Gregory LLP

AGG Talks: Technology - In the Balance: Interoperability and Security

Our podcast series features AGG attorneys and guests discussing challenges they’ve encountered when assisting clients on business and legal issues related to the Technology industry. While all topics will have a legal...more

Robinson+Cole Data Privacy + Security Insider

Contact Tracing Vendor Loses State Contract Over Data Breach

Pennsylvania Governor Tom Wolf announced this week that the Commonwealth will not continue to do business with its contact tracing vendor following a security incident that potentially exposed the personal information of...more

Akerman LLP - Health Law Rx

Providers: Cyberattacks Are Still Coming–Are You Prepared?

Cyberattacks against healthcare providers accounted for 79% of all reported data breaches in 2020. (See here). The U.S. Department of Health and Human Services’ (HHS) Office of the Assistant Secretary for Preparedness and...more

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 20, Number 11. Privacy Briefs: November 2020

Report on Patient Privacy 20, no. 11 (November 2020) - HHS Office of the National Coordinator (ONC) for Health Information Technology (ONC) is giving health care organizations more time to meet new rules on information...more

Robinson+Cole Data Privacy + Security Insider

Data Breach Regulatory Settlements Update

Regulatory bodies are upping the ante when it comes to settling with companies that have suffered data breaches. In addition to the below settlements, see also the settlement between the OCR and Dignity Health....more

NAVEX

4 Ways to Protect ePHI Beyond HIPAA Compliance

NAVEX on

Given the choice between credit card data and digital health records, cybercriminals prefer the latter. A stolen credit card can be canceled. Electronic protected health information (ePHI) with its treasure-trove of...more

Foley & Lardner LLP

COVID-19: HHS Permits Business Associates to Use and Disclose PHI for Public Health and Health Oversight Purposes Without Amending...

Foley & Lardner LLP on

The Department of Health and Human Services (HHS) announced on April 2 that HHS is exercising its enforcement discretion to permit business associates to use and disclose protected health information (PHI) for public health...more

Robinson+Cole Health Law Diagnosis

Texas Health and Human Services Fined $1.6 Million for HIPAA Violations

The Office for Civil Rights (OCR) announced that it has fined the Texas Health and Human Services Commission (TXHHS) $1.6 million for HIPAA violations. This is one of the few fines the OCR has levied against a state agency....more

Jackson Lewis P.C.

Healthcare Organizations, Is Your Patient Portal Secure? Part II

Jackson Lewis P.C. on

Healthcare organizations’ traditional cybersecurity measures are insufficient against today’s cyberattacks, according to a report from LexisNexis® Risk Solutions and the Information Security Media Group released in July 2019....more

Jackson Lewis P.C.

Healthcare Organizations, Is Your Patient Portal Secure?

Jackson Lewis P.C. on

While healthcare organizations are embracing new technologies such as patient portals, a recent report shows that organizations’ cybersecurity measures for these technologies are behind the times. A patient portal is a secure...more

McDermott Will & Emery

Health Care Data Compliance in China: FAQ

McDermott Will & Emery on

Data compliance in China’s health care industry is multifaceted and highly sensitive, and applies to numerous types of data generated across the continuum of care. Multiple pieces of legislation prescribe complex regulatory...more

K&L Gates LLP

Approaching Integrated Health Information Databases in 2019 — Data-Sharing , Clinical, Quality, and Research Collaboration

K&L Gates LLP on

For a number of years, a variety of industries have faced the challenge of gathering, storing, and utilizing large collections of data. For the health care industry, the multiple, overlapping regulations governing the use and...more

White and Williams LLP

First Joint Cross-State HIPAA Breach Lawsuit Brought in Response to 2015 Cyberattack

White and Williams LLP on

A lawsuit has been filed by the attorneys general of 12 states against a company called Medical Informatics Engineering (MIE) arising out of a 2015 data breach involving stolen medical records for millions of individuals. The...more

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