News & Analysis as of

Personally Identifiable Information Health Insurance

Nelson Hardiman, LLP

Cracking the Whip: The FTC’s Clampdown on Healthcare Marketing

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The American reverence for entrepreneurial spirit and free enterprise is reflected in the profound influence of capitalism on our healthcare system. In contrast to many other advanced industrialized countries with state-run...more

Carlton Fields

Lawsuits Alleging Violations of Illinois’ GIPA Are Piling Into Court Like Clowns Out of a Circus Car

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A string of putative class actions has been filed against life insurance companies for allegedly violating section 20(b) of Illinois’ Genetic Information Privacy Act (GIPA) by using applicants’ family medical history in...more

Health Care Compliance Association (HCCA)

Privacy Briefs: April 2023

Personal information from federal lawmakers and congressional staff members was available on the dark web following a breach of DC Health Link, the health insurance marketplace for Washington, D.C. In an internal memo sent to...more

Robinson+Cole Data Privacy + Security Insider

Premera Blue Cross Settles with OCR for $6.85 Million for Breach of 10.4 Million Records

Premera Blue Cross (Premera) has agreed to settle with the Office for Civil Rights (OCR) for $6.85 million over allegations of violations of HIPAA after an investigation of a data breach that occurred in 2014 affecting 10.4...more

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 20, Number 1. Privacy Briefs: January 2020

Report on Patient Privacy 20, no. 1 (January 2020) - ? A cybersecurity breach temporarily halted cancer radiation treatment services at the Cancer Center of Hawaii on Oahu,[1] the center said. The center, which provides...more

Bricker Graydon LLP

Attorney General Yost announces multistate data breach settlement with Premera

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Ohio Attorney General Dave Yost recently announced a multistate settlement that will require health insurance company Premera Blue Cross to pay $10 million following a breach of protected health information (PHI). According...more

Robinson+Cole Data Privacy + Security Insider

Premera Blue Cross Settles for $10M with 30 States for 2014 Data Breach

Following an investigation led by the Washington Attorney General, Premera Blue Cross has agreed to pay $10 million to 30 states after experiencing a data breach in 2014 that compromised the Protected Health Information of...more

Robinson+Cole Data Privacy + Security Insider

Hackers Indicted for Involvement in 2015 Anthem Data Breach

Earlier this month, a federal grand jury returned an indictment charging a Chinese national and another individual as part of an extremely sophisticated hacking group operating in China that targeted large businesses in the...more

Burr & Forman

Anthem Will Pay Record $16 Million To Settle Health Care Data Breach

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Anthem, Inc., the country’s second largest insurer has agreed to pay $16 million to the U.S. Department of Health and Human Services, Office for Civil Rights (“OCR”) and take corrective action to settle potential violations...more

Bradley Arant Boult Cummings LLP

Largest U.S. Health Data Breach To Date Results in $16 Million HIPAA Settlement - Healthcare Alert

On October 15, 2018, the U.S. Department of Health and Human Services, Office for Civil Rights (OCR) announced that Anthem, Inc. will pay $16 million to settle OCR’s investigation of its potential violations of the Health...more

Robinson+Cole Data Privacy + Security Insider

Hacker Hits Toyota Industries N.A.

Toyota Industries North America (TINA) has discovered that a hacker was able to access its corporate email system, compromising the personal and protected health information of approximately 19,000 individuals, apparently...more

Sheppard Mullin Richter & Hampton LLP

New York Settles EmblemHealth Breach for $575,000

The recent $575,000 settlement with EmblemHealth signals a push from AG Schneiderman “for stronger security laws and hold[ing] businesses accountable for protecting their customers’ personal data.” Noting New York’s “weak and...more

Ballard Spahr LLP

Supreme Court Denies Cert Petition in CareFirst v. Attias

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Earlier this week, the Supreme Court of the United States denied certiorari in CareFirst v. Attias, a closely watched case that some thought provided the Court with an opportunity to clarify the standing analysis under Spokeo...more

Carlton Fields

Supreme Court Declines Review of Standing in Data Breach Class Actions

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Counsel hoping for Supreme Court guidance on standing issues dividing the circuit courts will have to wait a bit longer. On February 20, the Court denied a petition for writ of certiorari in Attias v. CareFirst to resolve a...more

Robinson+Cole Data Privacy + Security Insider

United States Supreme Court Considers Whether to Weigh in on Circuit Split in Data Breach Actions

In October 2017, healthcare insurer, CareFirst, petitioned the United States Supreme Court, requesting the Court to clarify the constitutional standing requirement for plaintiffs seeking to bring claims regarding their...more

Patterson Belknap Webb & Tyler LLP

U.S. Supreme Court Watch: Whether to Resolve Circuit Split on Standing for Data Breach Plaintiffs

At its first conference this month, the U.S. Supreme Court will consider whether to weigh in on a Circuit split over standing to sue in the aftermath of a data breach. ...more

Robinson+Cole Data Privacy + Security Insider

Florida Blue Breach Exposes Applications of 939 Individuals

Blue Cross Blue Shield of Florida (Florida Blue) has announced that 475 applications for insurance were backed up to the cloud, on an unsecured cloud server, by an unaffiliated agent of Real Time Health Quotes, and exposed...more

Carlton Fields

Fall Data Breach Roundup And 2018 Preview: Supreme Court, OPM, Equifax And More!

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As 2017 draws to a close, data breach class actions abound, while questions regarding what suffices for Article III standing in these cases remain—with litigants hoping the Supreme Court will soon weigh in....more

Patterson Belknap Webb & Tyler LLP

A Question of Privilege: Court Wrestles With Attorney-Client and Work Product Issues in Data Breach Case

In a significant ruling addressing the scope of the attorney-client privilege and work product doctrine in a data breach case, a Federal judge in Oregon ordered Premera Blue Cross, the Washington-based healthcare services...more

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - October 2017 #4

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Energy and Critical Infrastructure Industries Warned of Increased Attacks by FBI and DHS - The FBI and Department of Homeland Security issued a joint statement on October 20, 2017 warning of an increased danger of a...more

Robinson+Cole Data Privacy + Security Insider

Vermont AG Settles with SAManage for $264,000 for Delayed Breach Notification

The Vermont Attorney General (AG) recently announced that it has settled with SAManage USA, a business support services company, for failing to timely notify 660 Vermont residents that their names and Social Security numbers...more

Orrick, Herrington & Sutcliffe LLP

Will I Get Sued After a Data Breach? D.C. Circuit Broadens Scope of Data That Gives Rise to Identity Theft in CareFirst

In the latest sign that data breach class actions are here to stay—and, indeed, growing—the D.C. Circuit resuscitated claims against health insurer CareFirst BlueCross and Blue Shield, following a 2015 breach that compromised...more

Mintz - Privacy & Cybersecurity Viewpoints

D.C. Circuit Holds Cyber-Theft of Customers’ Medical Identifying Information Created Sufficient Increased Risk of Harm to...

Earlier this month, an appellate panel of the federal DC Circuit unanimously held that individuals affected by a healthcare insurer’s data breach in 2014 could pursue claims against the insurer stemming from the cyberattack....more

Moore & Van Allen PLLC

D.C. Circuit Finds that Theft of Health Insurance Subscriber ID Numbers Is a Cognizable Injury in Identity Theft Litigation

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Recently, the D.C. Circuit Court of Appeals ruled in Attias v. CareFirst, Inc., No. 16-7108, that customers had standing to sue a health insurer for a 2014 data breach in which the customers’ information was stolen. ...more

Fenwick & West LLP

The DC Circuit Opens the Door to Data Breach Plaintiffs Alleging Substantial Risk of Future ID Theft

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The U.S. Court of Appeals for the D.C. Circuit has held that allegations of a heightened risk of future identity theft resulting from a data breach established a concrete injury at the pleading stage....more

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