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Office of Civil Rights Encryption

BakerHostetler

OCR Provides Guidance on the Privacy of Data Stored on Health Apps and Mobile Devices

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In the wake of the U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, many individuals and organizations have expressed uncertainty about the protection afforded to data stored on health apps,...more

Steptoe & Johnson PLLC

OCR Waives HIPAA Penalties Against Providers Using Electronic COVID-19 Vaccine Scheduling

On February 24, 2021, the Office for Civil Rights at the U.S. Department of Health and Human Services (“OCR”) announced that it will not impose penalties against covered entities or their business associates that use online...more

Bass, Berry & Sims PLC

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

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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

Foley & Lardner LLP

OCR Relaxes Enforcement on Providers Using Scheduling Apps for COVID-19 Vaccinations

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On January 19, 2021, the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) issued a Notice of Enforcement Discretion (Notice) announcing that it will not impose penalties for...more

K&L Gates LLP

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

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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

White and Williams LLP

The Price of Unencrypted Devices: $1M Fine for Stolen Laptop

One side effect of the COVID-19 pandemic on data security is that the sudden need to convert the workplace from onsite to remote operations potentially has required many organizations to use older equipment or personal...more

Health Care Compliance Association (HCCA)

Under New Settlement, Ambulance Co. Pays OCR $65K, Must Quickly Encrypt Computers

Report on Patient Privacy 20, no. 1 (January 2020) - In the waning days of 2019, the HHS Office for Civil Rights (OCR) didn’t halt the HIPAA enforcement momentum it had built up during the last quarter of the year, dinging...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

Saul Ewing LLP

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

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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

Fox Rothschild LLP

One Of Three $3 Million Lessons: Encrypt Mobile Devices

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A large New York hospital system learned this lesson the expensive way. According to a U.S. Department of Health and Human Services (HHS) press release issued earlier this week, the Office for Civil Rights (OCR) investigated...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

McGuireWoods LLP

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

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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

Baker Donelson

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

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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

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

Ruder Ware

When Does a HIPAA Breach Exist?

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Conducting HIPAA Breach Risk Assessments - The HIPAA rules relating to assessment of potential patient confidentiality breaches were changed in 2013. Specifically, on January 17, 2013, the Office of Civil Rights released...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

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

McGuireWoods LLP

HIPAA Guidance Issued on Man-In-The-Middle Attacks

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Last week, the Office of Civil Rights (OCR) issued guidance on securing end-to-end communications for sensitive information transmitted between parties over the internet. The OCR warns against “man-in-the-middle” (MITM)...more

BakerHostetler

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

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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

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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

King & Spalding

HHS-OCR Announces Guidance On HIPAA Compliance And Cloud Computing

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On October 6, 2016, the Department of Health and Human Services Office for Civil Rights (“OCR”) issued guidance on complying with HIPAA privacy, security, and breach notification rules when using cloud computing technology...more

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