Proposition 24 is known as the California Privacy Rights Act of 2020 (CPRA). It is on the ballot in California on November 3, and if it passes it will amend and expand certain provisions of the California Consumer Privacy Act (CCPA). Some say it’s CCPA 2.0, however, there are some provisions that make the CPRA … Continue Reading
Continuing with its previous enforcement actions centered on covered entities’ failure to provide patients with access to their health records, the Office for Civil Rights (OCR) announced on October 9, 2020 that it entered into a settlement with Dignity Health, doing business as St. Joseph’s Hospital and Medical Center in Phoenix (St. Joseph’s) for $160,000 … Continue Reading
On October 8, 2020, New Jersey Attorney General Gurbir Grewal (AG) announced that his office has entered into a multi-state settlement agreement with Community Health Systems, Inc. (CHS) stemming from an investigation of a 2014 data breach that exposed personal information of approximately 6.1 million patients, including 45,000 New Jersey residents. This is after CHS … Continue Reading
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 million individuals. This is the largest settlement the OCR has entered into with a covered entity in 2020, … Continue Reading
Recently we wrote about two amendments to the California Consumer Privacy Act of 2018 (CCPA) that were awaiting signature on Governor Newsom’s desk: AB 1281, which extends the one-year exemptions for employee information and business to business information for another year until January 1, 2022; and AB 713, which provides an exemption from the CCPA … Continue Reading
The U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) has announced that it has settled potential violations of HIPAA with Athens Orthopedic Clinic PA (Athens) for $1.5 million, following an investigation of a data breach that occurred in 2016. The data breach compromised the protected health information of 208,557 individuals when … Continue Reading
Health care providers and contractors continue to be a popular target for hackers. Recently, CHSPSC LLC (CHSPSC), which provides various services to hospitals and clinics indirectly owned by Community Health Systems, Inc. of Tennessee, agreed to pay $2,300,000 to the Office for Civil Rights (OCR) in settlement of potential violations of HIPAA’s Privacy and Security … Continue Reading
The Office for Civil Rights (OCR) announced yesterday that it has settled five investigations in its HIPAA “Rights to Access” Initiative (Initiative), which OCR had stated would be an enforcement priority for it starting in 2019. The Initiative is “to support individuals’ right to timely access to their health records at a reasonable cost under … Continue Reading
As a follow-up to last week’s post on the importance of due diligence regarding high-risk vendors’ security practices, Blackbaud, a global company providing financial and fundraising technology to not-for-profit entities, notified its customers late last week that it was the victim of a ransomware attack in mid-May. Blackbaud offers a number of products to its … Continue Reading
These days, news stations are frequently running stories concerning people being treated for COVID-19, the providers working tirelessly to care for them, and politicians visiting health care facilities for a first-hand look at the crisis. In response to the media interest, the Office for Civil Rights (OCR) issued guidance on May 5, 2020 to healthcare … Continue Reading
The Office of Civil Rights (OCR) last month provided guidance and a reminder to HIPAA covered entities and their business associates regarding the sharing of patient health information (PHI) under the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule during an outbreak or emergency situation such as what we are all facing right now … Continue Reading
The Centers for Medicare and Medicaid Services (CMS) requested an audit by the Office of Inspector General (OIG) of Medicare Part D eligibility verification transactions (E1) transactions. The OIG recently released its report which found that the majority of the providers evaluated used E1 transactions for some inappropriate purpose other than to bill for a … Continue Reading
Health care organizations continue to be a popular target for hackers. According to information from the U.S. Department of Health & Human Services (HHS), more than 30 reports of data breaches were filed by health care entities in the first month and a half of 2020. Although a few reported breaches involved theft or improper … Continue Reading
Washington legislators recently introduced the Washington Privacy Act (WPA). This legislation is a consumer-focused privacy law similar to the California Consumer Privacy Act (CCPA) but it also has some European Union General Data Protection Regulation (GDPR)-like concepts. The WPA protects personal data in much the same way as the CCPA, but with some significant differences. … Continue Reading
On February 3, 2020, the U.S. Department of Health and Human Services (HHS) issued a bulletin (the Bulletin) to remind covered entities and business associates of how patient information may be shared under HIPAA in the event of an emergency, such as an outbreak of infectious disease. The Bulletin was issued in response to the … Continue Reading
A point of sale vendor for at least three cannabis dispensaries in the United States exposed the personal data of at least 30,000 cannabis users, including full names, photo IDs, dates of birth, telephone numbers, home addresses, medical ID numbers, email addresses, signatures, cannabis variety and quantity purchased, and sales figures when it failed to … Continue Reading
The U.S. Department of Health and Human Services’s (HHS) Office for Civil Rights (OCR) issued an Important Notice Regarding Individuals’ Right of Access to Health Records through its email list serve on January 29, 2020. In the Notice, OCR addressed the recent memorandum Opinion issued in Ciox Health v. Azar, et al, No. 18-cv-00040 (D.D.C. January 23, 2020). In that case, … Continue Reading
Some app developers know more about our health than our doctors do. Take, for instance, FitBit, which is attached to our wrist and measuring in real time our temperature, our heart rate, our steps and whether we have had enough exercise for our age in a day. Some people sleep with their phones on their … Continue Reading
On November 27, 2019, the U.S. Department of Health & Human Services Office for Civil Rights (OCR) announced a $2.175 million dollar settlement with a hospital system to resolve alleged violations of HIPAA’s Breach Notification Rule and Privacy Rule. The settlement is noteworthy as it represents OCR’s fourth HIPAA settlement in excess of $1 million … Continue Reading
The Office for Civil Rights (OCR) announced that it has fined the Texas Health and Human Services Commission (TXHHS) $1.6 million for HIPAA violations. This is one of the few fines the OCR has levied against a state agency. The fine centers around a data breach that TXHHS self-reported to the OCR in June 2015 … Continue Reading
The New York “Stop Hacks and Improve Electronic Data Security Act” (SHIELD Act), N.Y. Gen Bus. Law§ 899-bb, requires businesses that collect private information on New York residents to implement reasonable cybersecurity safeguards to protect that information. While this is a new law in the State of New York, it is simply joining other states, … Continue Reading
The Office for Civil Rights (OCR) announced on October 23, 2019, that Jackson Health System (Jackson), a not-for-profit hospital system comprised of six hospitals, urgent care centers, nursing facilities, and primary care and specialty services based in Miami, Florida, has waived its right to a hearing and did not contest the findings set forth in … Continue Reading
Elite Dental Associates (Elite), located in Dallas, Texas has agreed to settle alleged HIPAA violations with the Office for Civil Rights (OCR) for $10,000. The OCR alleged that it received a complaint from a patient in June of 2016 that Elite had disclosed the patient’s last name and details of the patient’s health condition on … Continue Reading
Everyone knows how I feel about those home genetic testing kits—most people don’t understand that when they send their DNA to a private company that it is not protected by HIPAA or any other law, and the company can legally use and disclose it, including selling it to other companies. Understand what companies are doing … Continue Reading
