News & Analysis as of

Encryption Electronic Protected Health Information (ePHI)

Holland & Hart LLP

E-mailing and Texting PHI: Beware HIPAA

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The HIPAA Privacy and Security Rules require covered entities (including healthcare providers and health plans) and their business associates to protect patient information stored or transmitted electronically, including...more

ArentFox Schiff

Proposed Changes to the HIPAA Security Rule: What Regulated Entities Need to Know

ArentFox Schiff on

In the final days of the Biden Administration, the US Department of Health and Human Services (HHS) Office for Civil Rights (OCR) issued a notice of proposed rulemaking (NPRM) to modify the Security Rule under the Health...more

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

Arnall Golden Gregory LLP

OCR Issues Proposed Rule to Strengthen Cybersecurity for ePHI

The Office for Civil Rights (“OCR”) under the U.S. Department of Health and Human Services (“HHS”) recently issued a Notice of Proposed Rulemaking (the “Proposed Rule”) to modify the Health Insurance Portability and...more

Dinsmore & Shohl LLP

New Year, New HIPAA Security Rule?

Dinsmore & Shohl LLP on

Citing the “alarming growth” of cyberattacks in recent years, the U.S. Department of Health and Human Services (“HHS”) has issued a Notice of Proposed Rulemaking to modify the Health Insurance Portability and Accountability...more

Cozen O'Connor

Fertility Clinic Allegedly Failed to Safeguard Personal Health Information of 15,000 Patients

Cozen O'Connor on

New Jersey Acting AG Andrew Bruck reached a settlement with healthcare provider Diamond Institute for Infertility and Menopause, LLC (“Diamond”) to resolve allegations stemming from a 2016 data breach that compromised the...more

Bass, Berry & Sims PLC

Perfection Not Required: Fifth Circuit Vacates HHS OCR $4.3 Million Penalty for Potential Data Breach Case

Bass, Berry & Sims PLC on

On January 14, the Fifth Circuit vacated the University of Texas M.D. Anderson Cancer Center’s (M.D. Anderson) $4.3 million fine for HIPAA violations arising from its loss of more than 35,000 individuals’ protected health...more

K&L Gates LLP

K&L Gates Triage: HIPAA: Do Hospitals Need a Business Associate Agreement with their Health System Parent Corporation?

K&L Gates LLP on

In this week’s episode, Rebecca Schaefer and Hannah Maroney discuss a string of recent HIPAA enforcement actions which demonstrate that the HHS Office of Civil Rights (OCR), the agency tasked with enforcing HIPAA, is...more

Health Care Compliance Association (HCCA)

Lifespan Pays $1M to Settle HIPAA Case Over Stolen Unencrypted Laptop

Report on Medicare Compliance 29, no. 28 (August 3, 2020) - The 2017 theft of an unencrypted laptop is at the heart of a new HIPAA settlement with Lifespan Health System Affiliated Covered Entity (Lifespan ACE) in Rhode...more

Rivkin Radler LLP

RI Health System Paid $1 Million HIPAA Settlement

Rivkin Radler LLP on

After a long quiet period, the second HIPAA settlement to be announced by the U.S. Department of Health and Human Services (HHS) in an orchestrated one-two punch was far more costly to the second violator. Lifespan Health...more

Health Care Compliance Association (HCCA)

As MD Anderson Keeps Up Its Legal Fight, U. Rochester Pays OCR $3M

Report on Research Compliance 17, no. 1 (January 2020) - Ah, those pesky residents. If you’re a teaching hospital, you can’t live without them, right? But sometimes living with them is mighty costly, as the University of...more

Shook, Hardy & Bacon L.L.P.

Privacy and Data Security Alert | December 2019

SDNY Rejects Standing under “Increased Risk” Theory Where Data Not Targeted or Stolen - The Southern District of New York rejected a settlement that would have resolved a class action based on the unauthorized (and...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

Holland & Hart - Health Law Blog

Encrypt Your Devices or Face HIPAA Penalties

This week, the Office for Civil Rights (“OCR”) announced a $3,000,000 HIPAA settlement arising from a medical center’s loss of an unencrypted laptop and flash drive. This is simply the latest of many HIPAA settlements based...more

Baker Donelson

Protecting LTC Residents' PHI: Eight Tips for Avoiding a Data Breach

Baker Donelson on

Organizations that meet the definition of "covered entity" under the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (HIPAA) must be diligent to maintain the privacy and security...more

Robinson+Cole Health Law Diagnosis

Texas Health System MD Anderson Seeks 5th Circuit Review of HHS Determination that HIPAA Required Encryption of its ePHI

On April 8, 2019, The University of Texas MD Anderson Cancer Center (MDA) filed a petition with the U.S. Court of Appeals for the Fifth Circuit seeking review of a decision by the Department of Health & Human Services’s (HHS)...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

Mintz - Health Care Viewpoints

Building a Health App? Part 6: HIPAA and Other Privacy and Security Considerations

Consumers are increasingly turning to health apps for a variety of medical and wellness-related purposes. This has in turn caused greater amounts of data—including highly sensitive information—to flow through these apps....more

Buchalter

HIPAA Security Rule Compliance for Providers & Business Associates in Three Easy Steps

Buchalter on

On August 4, 2016, the Office for Civil Rights (“OCR”) of the U.S. Health & Human Services Department (“HHS”) announced a $5.55 million HIPAA settlement with Advocate Health Care Network (“Advocate”), the largest...more

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