News & Analysis as of

Protected Health Information Health Insurance Portability and Accountability Act

Lessons To Be Learned From The Breach Of Nearly 500,000 Individual Health Records Reported In September 2017

by Jackson Lewis P.C. on

A recent report indicates that nearly 500,000 individual health records were breached in September 2017. This figure is taken from the 39 healthcare data breaches involving more than 500 records that were reported to the...more

OCR Clarifies Privacy Rule for Sharing PHI on Opioid Overdoses

In the wake of the national opioid overdose crisis, the Office for Civil Rights (OCR) has provided clarification on when covered entities are permitted to disclose patient information during opioid emergencies....more

Maryland Data Breach Notification Law Updated: Effective 1/1/18

The Maryland Personal Information Protection Act has been updated and the new provisions are effective January 1, 2018. The new law expands the definition of personal information that is protected under the statute....more

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

Healthcare Employers, Beware: HIPAA Whistleblowers Could Be (Legally) Leaking Protected Health Information

by Fisher Phillips on

In this day and age, healthcare employers are quite familiar with the Health Insurance Portability and Accountability Act (HIPAA), which protects the disclosure of patients’ confidential health information. After all, in the...more

HIPAA Check: Do You Know What to Do if a Breach Happens to You?

by Williams Mullen on

Breaches happen. They happen to major health systems, and they happen to solo practitioners. They happen to health plans, and they happen to health information technology vendors. In our technology-reliant world, it would be...more

Clinical trials Part II: Privacy, cybersecurity risks, and managing ePHI

by Thompson Coburn LLP on

The ongoing digitization of the drug and medical device industries continues, and, as a result, new considerations have come to the forefront for companies engaged in clinical trials. In Part 1 of this series, we described a...more

Balancing Convenience and Risk: OCR Issues Statement on Use of Mobile Devices

by McGuireWoods LLP on

The U.S. Department of Health and Human Services’ Office for Civil Rights (“OCR”) recently issued guidance emphasizing the increased risks of using mobile devices in the workplace when the mobile devices contain or have...more

CMS Addresses Lingering Uncertainties and Raises Others via MACRA Information Blocking Guidance

The Centers for Medicare & Medicaid Services (CMS) recently issued guidance intended to help clinicians eligible for the Merit-based Incentive Payment System (MIPS) navigate an attestation required thereunder concerning the...more

Oregon Court Upholds Public University’s Refusal to Release Patient Tort Claimant Names

On October 19, 2017, the Oregon Supreme Court denied a public records request by The Oregonian Publishing Company, LLC (The Oregonian), a newspaper, to Oregon Health and Sciences University (OHSU), a public health and...more

OCR Notified of Patient Records Stored in Psychiatrist’s Basement

Paper records continue to be problematic. An Illinois psychiatrist reported to the Office for Civil Rights (OCR) that the medical records of 10,500 patients were stored in the basement of a house that he rented to an...more

Health Care E-Note - October 2017

by Burr & Forman on

Health care providers are constantly receiving requests for copies of patient medical records. Some requests come by way of the patient exercising his/her right to access his/her medical records, some come by way of patient...more

ALERT: Prepare to be Ransomed: A Primer on Legal Obligations Before and After Ransomware Strikes

by Pullman & Comley, LLC on

According to a recent U.S. Government Interagency report, ransomware is the fastest growing malware threat, targeting users of all types. An incredible 51 percent of respondents in a January 2017 study by the Ponemon...more

Data Privacy + Cybersecurity Insider - October 2017 #4

by Robinson & Cole LLP on

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

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

At least 473,074 Individuals’ Health Care Records Breached in September 2018

Unfortunately, September was another banner month for data breaches involving the health care industry. According to the Office for Civil Rights (OCR) website, 39 data breaches involving over 500 records were reported to the...more

Open Enrollment for 2018: Don’t Forget about HIPAA!

With open enrollment in full swing for many employers, now is a good time to review employee benefit communications. Plan sponsors of health plans are generally responsible for properly administering all of the health plan...more

Is it HIPAA or HIPPA? Either way, it still applies.

by Winstead PC on

I have negotiated hundreds of SaaS agreements for dozens of software companies and I always hated when the company on the other side was a healthcare provider. Invariably, they would bring up Protected Health Information...more

Business Associate Resold Fax Machine Containing PHI

Fax machines are still used in the medical community, and these days, faxing may be more secure than emailing as hackers have not yet cracked the task of hacking into old fax machines. All kidding aside, fax machines have...more

Arkansas Surgery Center Hit with Ransomware

Arkansas Oral & Facial Surgery Center (AOFSC) was recently hit with ransomware that shut down access to health information of its patients and rendered some of it imaging files, including X-rays of patient inaccessible....more

Don’t Forget HIPAA’s “Minimum Necessary” Rule When Making Health Information Disclosures

by Nossaman LLP on

When Covered Entities or Business Associates or their counsel analyze whether a particular disclosure of Protected Health Information (or “PHI,” as defined in HIPAA) is permissible, they should be sure also to analyze whether...more

McAfee Report Lists Health Care Sector as Most Targeted Industry for Cyber-Attacks

In its cyber security incident report outlining vulnerabilities for the second quarter of 2017, security firm McAfee lists the health care sector as having suffered the most security incidents, which surpasses the public...more

HIPAA Disclosures During Mass Tragedies

by Burr & Forman on

In light of the recent incident in Las Vegas, the Office of Civil Rights (“OCR”), the government entity responsible for HIPAA Compliance, issued clarification guidance on the ability of a health care provider to share...more

Data Privacy + Cybersecurity Insider - October 2017

by Robinson & Cole LLP on

McAfee Report Lists Health Care Sector as Most Targeted Industry for Cyber-Attacks - In its cybersecurity incident report outlining vulnerabilities for the second quarter of 2017, security firm McAfee lists the health care...more

[Webinar] - Your Money or Your PHI: HHS "Guidance" on Ransomware - October 10th, 1:00pm CT

In recent years, HIPAA enforcement actions and penalties have increased both in volume and amount. Ransomware is the fastest growing malware threat to businesses that use electronic data. This webinar will provide listeners...more

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Cybersecurity

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