News & Analysis as of

Encryption Data Protection Health Insurance Portability and Accountability Act (HIPAA)

Maynard Nexsen

Changes Proposed by HHS to Strengthen HIPAA Security Rule

Maynard Nexsen on

On January 6, 2025, the US Department of Health and Human Services Office for Civil Rights (“OCR”) issued a notice of proposed rulemaking (“Proposed Rule”) containing significant updates to the Security Rule under the Health...more

Paul Hastings LLP

Data Privacy and Cybersecurity New Laws and Regulations Report

Paul Hastings LLP on

Throughout 2022, we continue to see regulators placing an emphasis on the importance of protecting and securing information, in particular consumer personal information, at both the federal and state levels. ...more

Faegre Drinker Biddle & Reath LLP

$3 Million OCR HIPAA Settlement Due to Lost Flash Drive and Stolen Laptop

The University of Rochester Medical Center (URMC) and the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Service (HHS) entered into a $3 million no-fault settlement agreement and two year corrective...more

Saul Ewing LLP

Large New York State Health System Agrees To Pay $3 Million For Its Failure to Repeatedly Encrypt Mobile Devices

Saul Ewing LLP on

On November 5, 2019, the Office for Civil Rights (OCR) within the U.S. Department of Health and Human Services (HHS) announced a $3 million settlement with the University of Rochester Medical Center (URMC) to settle potential...more

McGuireWoods LLP

Unencrypted Mobile Devices Cost Medical Center $3 Million In HIPAA Settlement

McGuireWoods LLP on

In one of this year’s largest HIPAA settlements, the U.S. Department of Health and Human Services Office for Civil Rights (OCR) is set to collect $3 million from the University of Rochester Medical Center (URMC). This...more

Sheppard Mullin Richter & Hampton LLP

US Breach Laws Are Coming: Iowa

As we approach 2019, companies will want to keep in mind the changes that are coming to various US states’ breach notice laws. On January 1, 2019 Iowa’s law, which has already been amended twice since it was passed in 2008,...more

Sheppard Mullin Richter & Hampton LLP

Are You a “Hybrid Entity” under the Health Insurance Portability and Accountability Act of 1996? The $4,348,000 Question

A single, multidisciplinary entity, like a university, may include certain departments that use PHI, and other departments that do not. Such institutions are eligible to (and should) self-identify as “hybrid entities” to...more

Bradley Arant Boult Cummings LLP

Summary Judgment: Recent HIPAA Case Emphasizes Encryption, Action on Risk Analysis - AHLA Health Information and Technology...

On June 18, 2018, the U.S. Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) announced that an HHS Administrative Law Judge (“ALJ”) granted summary judgment to OCR in an enforcement action...more

Patterson Belknap Webb & Tyler LLP

Hospital Hit with $4.3 Million Fine for “Snail’s Pace” HIPAA Compliance

Healthcare organizations take note: not following your own data security rules can be costly, very costly. And the more time it takes to comply, the faster the fines stack up....more

Holland & Knight LLP

CMS Memo on Texting Patient Information

Holland & Knight LLP on

CMS issued a memo to state survey agency directors on December 28, 2017, to clarify CMS’s position on texting patient information. The memo, which indicates that it is effective “immediately,” states that CMS prohibits...more

Mintz - Health Care Viewpoints

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

Eversheds Sutherland (US) LLP

Significant WiFi vulnerability exposed

What is the problem? Belgian researchers have published information about a vulnerability in the most popular WiFi encryption protocol that makes monitoring of all communications possible, except those communications that...more

Jones Day

Global Privacy & Cybersecurity Update Vol. 14

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

Jaburg Wilk

Do You Know Where Your Data Is Located? Why Knowing is Half the Battle

Jaburg Wilk on

Whether you realize it or not, you are probably storing some personal or business data in the cloud. The National Institute of Standards and Technology (NIST) defines cloud computing as a model for enabling ubiquitous,...more

Alston & Bird

2016 Breach Roundup, Part I: U.S. State Data Breach Notification Laws Highlights and Trends

Alston & Bird on

In many respects, 2016 has been a remarkable year, but one constant with recent history is that multiple states (six this year) amended their breach notification statutes. As is commonly stated, the U.S. ...more

BakerHostetler

Cloud Service Providers Beware, You May Be Subject to HIPAA Without Knowing It

BakerHostetler on

The use of cloud service providers has exploded in the past several years. According to estimates from Gartner, the market for cloud services is expected to reach $204 billion in 2016. But the use of cloud service providers...more

Ballard Spahr LLP

HHS Designates Cloud Service Providers as Business Associates Under HIPAA

Ballard Spahr LLP on

Cloud service providers that process electronic protected health information (ePHI) are business associates under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), even if the PHI is encrypted and the...more

Foley & Lardner LLP

HIPAA Compliance: Navigating a Health Care Minefield

Foley & Lardner LLP on

In the two decades since its original passage, complying with the federal Health Insurance Portability and Accountability Act (HIPAA) hasn’t gotten any easier. Enacted with the primary goal of protecting the confidentiality,...more

Mintz - Privacy & Cybersecurity Viewpoints

Illinois Joins the Fray: Strengthens its Laws Around Data Breach Notification and Data Security

Sophisticated phishing scams and muscular hacking efforts continue to compromise personal and sensitive information held by insurers, hospital systems, and businesses large and small. In response, many states have...more

Burr & Forman

Tennessee’s Data-Breach Notice Requirements Among the Nation’s Toughest

Burr & Forman on

On July 1, 2016, Tennessee’s new notice requirements for breaches of data security systems which compromise an individual’s personal information will take effect. The amendments to Tennessee’s current rules, found at T.C.A....more

Mintz - Health Care Viewpoints

Data-Harvesting Zombie Hackers, Blood-Thirsty Auditors, and Other Reasons to be Scared on Halloween

This Halloween, the scariest monsters might not be in your closet or under your bed. They may be overseas, orchestrating intrusions into your electronic medical record. Or they may be lurking in your own workforce, carrying...more

Womble Bond Dickinson

Is Your HIPAA Compliance Program Ready for the FTC?

Womble Bond Dickinson on

Everyone in healthcare knows that the next round of HIPAA audits is coming. Covered entities and business associates have long been advised to review and update their HIPAA security risk analyses, have business associate...more

Foley & Lardner LLP

Recent Enforcement Shows the Importance of Encrypting Mobile Devices Containing Protected Health Information

Foley & Lardner LLP on

With headlines every day announcing another release of Protected Health Information (PHI), providers are asking themselves – is there a way to protect against these breaches? Beyond improving the security of large...more

Carlton Fields

Is Your Company Ready to Comply with Encryption of Individually Identifiable Health Information?

Carlton Fields on

New Jersey’s new data privacy standard, signed into law as S. 562 by Gov. Chris Christie on January 9, requires health insurance carriers that are authorized to issue health benefit plans in New Jersey to protect individually...more

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

HIPAA Compliant Technology and the Importance of Encryption

We welcome this guest blog by Gene Fry, Compliance Officer, Scrypt, Inc. The Health Insurance Portability and Accountability Act (HIPAA) sets the standard for protecting sensitive patient data. This means that any...more

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