News & Analysis as of

Health Insurance Portability and Accountability Act (HIPAA) Cyber Incident Reporting

BCLP

Pressure-Testing Your Privacy Program for 2025

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With the onslaught of new privacy, AI and cyber legislation coupled with promises for enforcement and class action litigation, running a well-functioning and flexible privacy and cyber program is increasingly a critical...more

Jackson Lewis P.C.

Patient’s Request for Records Uncovers Dental Practice’s Ransomware Attack, Leading to $350K Settlement

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The Indiana Attorney General Office (OAG) filed a detailed complaint on December 23, 2024 (Complaint) which arose out of the following patient complaint: The OAG received a consumer complaint stating that the consumer had...more

Clark Hill PLC

Right To Know - December 2024, Vol. 24

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Cyber, Privacy, and Technology Report - Welcome to your monthly rundown of all things cyber, privacy, and technology, where we highlight all the happenings you may have missed....more

Ropes & Gray LLP

A Flurry of Healthcare Sector Cybersecurity Regulatory Developments in 2024

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2024 was a record year for cyberattacks in the healthcare sector. According to the Breach Portal maintained by the U.S. Department of Health and Human Services (“HHS”) Office of Civil Rights (“OCR”), to date this year, there...more

BakerHostetler

A New Budgetary Line Item for 2025 - New York-based Hospitals Should Plan Now for the Fiscal and Operational Costs Associated with...

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On October 2, the New York State Department of Health (NYSDOH) issued new cybersecurity regulations (Regulations) for all general hospitals in New York state (“hospitals”), creating a new Section 405.46 in Title 10 (Health)...more

Health Care Compliance Association (HCCA)

2nd Settlement Triggered by 2017 Ransomware Attack Costs WA Practice $100K; ‘Not a Breach’

Let’s review for a moment. It’s not a HIPAA violation to be a victim of ransomware. It’s not a HIPAA violation to pay a ransom. It’s up to the covered entity (CE) to determine if a security or privacy incident is a...more

Health Care Compliance Association (HCCA)

Privacy Briefs: July 2024

Pennsylvania-based Geisinger Health System said it experienced a breach impacting more than 1.27 million patients when a former employee of vendor Nuance Communications Inc., a Microsoft Corp. subsidiary, accessed patient...more

Health Care Compliance Association (HCCA)

UHG’s Breach Response May Prove Enlightening for Others

Organizations typically deal with ransomware attacks out of the public eye, but the massive scale of United Healthcare Group’s (UHG) February breach made that an impossibility. UHG CEO Andrew Witty was recently on the hot...more

Health Care Compliance Association (HCCA)

Privacy Briefs: April 2024

The Cybersecurity and Infrastructure Agency (CISA) is seeking comment on a proposed rule to implement reporting requirements for critical infrastructure entities, including health care entities, on cyberattacks and ransomware...more

Constangy, Brooks, Smith & Prophete, LLP

CISA issues proposed regs on cyber incident reporting

Yesterday, March 27, the U.S. Cybersecurity and Infrastructure Security Agency published the Notice of Proposed Rulemaking under the Cyber Incident Reporting for Critical Infrastructure Act of 2022. It is important to note...more

Brooks Pierce

Business Associate Victim of Ransomware Attack Pays $100,000 to HHS OCR

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Is your organization a business associate? You could be subject to enforcement action if you fail to protect health information within your control from ransomware attacks. In October, for the first time, the U.S....more

Health Care Compliance Association (HCCA)

BA Depicted by OCR as Example of Ransomware Dangers Recovered Quickly, Didn’t Expect Fine

Report on Patient Privacy 23, no. 11 (November, 2023) Tim DiBona clearly remembers Christmas Eve 2018 when the staff of his small firm—Doctors’ Management Service (DMS)—arrived at their West Bridgewater, Mass., office to...more

BakerHostetler

Sovereign Immunity Is Alive and Well, Even After a Cyberattack

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As highlighted in the Data Security Incident Response Report, government entities such as universities, medical centers, public utilities and transportation services companies have become highly sought-after targets of cyber...more

Health Care Compliance Association (HCCA)

Privacy Briefs: October 2023

Report on Patient Privacy 23, no. 10 (October, 2023) Kaiser Foundation Health Plan Inc. and Kaiser Foundation Hospitals will pay California $49 million to resolve allegations that they unlawfully disposed of hazardous waste,...more

Bond Schoeneck & King PLLC

CIRCIA’s Potential Effect on Healthcare Entities

Welcome to 2023. As in 2022, we are likely to see continuing escalation of cyber intrusion threats to healthcare entities – and their data. Healthcare data breach already is far from a trivial matter – according to one...more

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

HHS Office for Civil Rights Posts HIPAA Security Rule Security Incident Procedures

Every October, in recognition of National Cybersecurity Awareness Month, the federal government and its partners work to educate stakeholders on cybersecurity awareness and how best to protect the privacy and security of...more

Health Care Compliance Association (HCCA)

[Event] Healthcare Privacy Compliance Academy - August 22nd - 25th, Las Vegas, NV

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

Tucker Arensberg, P.C.

2022 Budget Bill Includes Mandatory Healthcare Cyber Incident Reporting

The Cyber Incident Reporting for Critical Infrastructure Act (CIRCIA), was passed as part of the consolidated Budget Act for 2022, which also included the telehealth provisions. The definition of “covered entity” in the...more

Health Care Compliance Association (HCCA)

[Event] Healthcare Privacy Compliance Academy - April 25th - 28th, Chicago, IL

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

Epstein Becker & Green

President Biden Signs into Law the Cyber Incident Reporting Act, Imposing Reporting Requirements for Cyber Incidents and...

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On March 15, 2022, President Biden signed into law the 2022 Consolidated Appropriations Act containing the Cyber Incident Reporting for Critical Infrastructure Act of 2022 (the “Cyber Incident Reporting Act”). While President...more

Health Care Compliance Association (HCCA)

Safeguards in New National Network Include Insurance, App Mandates, Cybersecurity Council

Report on Patient Privacy 22, no. 2 (February, 2022) - The new national health information network calls for a number of privacy and security safeguards and standards that, in some instances, exceed what HIPAA covered...more

Miles & Stockbridge P.C.

Avoid Turning One Data Breach into Two

When can a data breach get worse? When the process of notifying victims creates a second breach. Take the example of a cancer treatment center that recently paid $425,000 to settle allegations that included a faulty...more

K&L Gates LLP

Health Care Triage: Data Security Breaches in the Health Care Sector

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Desiree Moore, Gina Bertolini, and Jackie Hoffman discuss the increasing impact of data security incidents and security breaches on the health care sector. They define what qualifies under HIPAA as a protected health...more

Epiq

The Ins and Outs of Early Case Assessment for a Cyber Incident Review

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In the fast-moving industry of cyber incident response, success and efficiency come from preparation. Once a matter is promoted to review, the most common request for timing is “as soon as possible.” How is a client’s desire...more

White and Williams LLP

Cybersecurity and Legal Due Diligence Considerations in M&A Transactions

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When prospective buyers conduct legal due diligence in merger and acquisition transactions the main focus is typically on the traditional items, such as financials, debt instruments, major contracts and other key metrics...more

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