News & Analysis as of

Patient Confidentiality Breaches

When Does a HIPAA Breach Exist?

by Ruder Ware on

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

Two New Privacy Developments for Employers to Tackle

by Shipman & Goodwin LLP on

With a weekend of football championships behind us, this post tackles the privacy developments that employers here in Connecticut need to run down. Indeed, while I could just pass off two recent posts from my colleagues,...more

Connecticut Recognizes New Cause of Action for Breach of Patient/Physician Confidentiality

by Murtha Cullina on

Based on the decision in a recent Connecticut Supreme Court case, patients may now sue physicians for breaching confidentiality. Previously, Connecticut did not recognize breach of confidentiality as a cause of action. ...more

Connecticut Supreme Court Recognizes New Cause of Action for Patient Privacy Breach

by Shipman & Goodwin LLP on

On January 16, 2018, the Connecticut Supreme Court issued a decision recognizing a common law duty of confidentiality arising from the physician-patient relationship, and the corresponding right of a patient to sue his or her...more

Beware of the Man-In-The-Middle: Malicious Eavesdroppers on the Internet

Imagine this: Dr. Primary is treating Patty Patient for substance abuse and emails Patty Patient’s protected health information (PHI) to a treatment clinic. Before the email arrives at the clinic, it is intercepted by a third...more

OCR: No privacy breach is too small

by Thompson Coburn LLP on

The Office for Civil Rights (OCR) HIPAA enforcement efforts are continuing to increase. This year, the OCR has already announced 10 HIPAA enforcement actions involving fines, which is a 67 percent increase from last year and...more

Practice Fusion and FTC Settle Complaint Over Deceptive Statements About the Privacy of Consumer-Generated Online Content

Last week, the Federal Trade Commission (FTC) announced (press release) that Practice Fusion, the largest cloud-based electronic health company in the United States, has agreed to settle FTC charges over deceptive practices...more

Lab tech indicted for identity theft

A lab tech working at a Las Vegas pediatric cardiology practice has been indicted on one count of illegal use and disclosure of patient health information and one count of aggravated identity theft. The lab tech had...more

Medical Devices a Target for Online Hackers

In the past few years, medical devices have become a major target for online criminals. Not only are medical devices considered to be one of the easiest and most vulnerable points of entry into a health care enterprise, they...more

Potential Data Breach Could Affect Over 1,000 Medicaid Patients

The confidential health information of 1,615 Medicaid patients may have been compromised by the North Carolina Department of Health and Human Services (NC DHHS) on August 19, 2015, though the fact that this potential breach...more

DWT Releases Latest Health Care Breach Charts

by Davis Wright Tremaine LLP on

Safeguarding patient information is at the core of responsibilities for health care entities under the Health Insurance Portability and Accountability Act (HIPAA). But safeguarding patient information isn’t just a regulatory...more

HIPAA Double Take: What Health Plan Sponsors Need to Know Now

by Alston & Bird on

With the onslaught of Affordable Care Act changes, health plan sponsors have much to think about lately. Given the number of other issues affecting them, plan sponsors may feel that HIPAA privacy and security is an issue they...more

OIG Pushes OCR to Step Up HIPAA Enforcement

by Baker Ober Health Law on

In two recent reports, each with a specific focus, the OIG strongly recommended that the Office for Civil Rights (OCR) step up its HIPAA oversight and enforcement activities. One report assessed the OCR’s oversight of covered...more

Blog: HHS To Launch New HIPAA Audits in Early 2016 in Response to OIG Reports

by Cooley LLP on

The Office of Inspector General (OIG) of the U.S. Department of Health and Human Services (HHS) issued two reports yesterday calling for the HHS Office of Civil Rights (OCR) to strengthen its Health Insurance Portability and...more

Alert: UCLA Cleared in Lawsuit Alleging Lax Authentication Involving Insider Access to Medical Records

by Cooley LLP on

Earlier this month, a California jury found the University of California, Los Angeles Health System (UCLA) not liable for damages that allegedly resulted when a medical office assistant, Alexis Price, improperly accessed and...more

UCLA suffers another data breach

Last week, UCLA notified 1242 patients that their health information may have been compromised in July when a faculty member’s laptop was stolen. UCLA has notified the patients, the Office for Civil Rights and the California...more

Blog: Cancer Care Group Reaches Agreement to Settle Alleged HIPAA Violations

by Cooley LLP on

Last week, Cancer Care Group, P.C. (CCG), an Indiana radiation oncology practice, agreed to settle alleged violations of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) by paying $750,000 and adopting...more

UK Patients’ Data Exposed by Group Email

by McGuireWoods LLP on

The 56 Dean Street Clinic, which is operated by the Chelsea and Westminster NHS Trust and specializes in HIV and other sexual health services, has apologized for the error which revealed (to all 780 recipients) the full names...more

Physician Group Practice Pays $750,000 for Breach of Unsecured Electronic Protected Health Information on Electronic Device

Cancer Care Group, P.C. (“CCG”), a radiation oncology physician group practice in Indiana, agreed to pay $750,000 for a breach of unsecured electronic protected health information (“ePHI”). CCG will also implement a...more

St. Elizabeth’s Medical Center Pays $218,400 to Settle Alleged HIPAA Security Case Stemming from Use of Cloud-Based Document...

by Latham & Watkins LLP on

Alleged HIPAA Violations Resulted from Medical Center’s Failure to Risk Assess Internet-Based Document Sharing Application and Inadequate Breach Response. The US Department of Health and Human Services (HHS) Office for...more

Don't Fumble Your HIPAA Obligations: Ensure Your HIPAA Playbook Implements Appropriate Protections for Patients

by Polsinelli on

The injuries suffered by a professional football player brought the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations ("HIPAA") onto center stage of the media during the days...more

Is My Telehealth App Subject to HIPAA?

by Foley & Lardner LLP on

Many telehealth and mHealth app developers are concerned about whether or not their app is a medical device under FDA regulations (and rightfully so), they often pay less attention to the Health Insurance Portability and...more

Insurer Seeks Declaratory Judgment Against Policyholder for Data Breach

Late last month, Columbia Casualty Company instituted a declaratory judgment lawsuit in the United States District Court for the Central District of California against its insured, Cottage Health System. Columbia Casualty...more

US District Court in Texas Finds Plaintiffs Lack Article III Standing in PHI Breach

Beverly Peters v. St. Joseph Services Corporation d/b/a St. Joseph Health Care System was a class action that arose out of a data breach of the defendant-health care service provider. It was alleged in the action that...more

PHIPA offers “no shelter” to Ontario Hospital from class proceedings for breach of privacy

by Dickinson Wright on

Back in 2012, the Ontario Court of Appeal recognized the tort of invasion of privacy – fast forward to the recent string of privacy breaches of personal information held by health care facilities in Ontario. Along comes...more

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Cybersecurity

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