In a development that may – understandably – have been overlooked by many heading into Memorial Day weekend, on May 24, 2019, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) issued a Fact Sheet on Direct Liability of Business Associates under the Health Insurance Portability and Accountability Act (HIPAA). … Continue Reading
One of the first questions we ask our clients when they call about a security incident is whether they have insurance that may cover the costs associated with investigating the incident, potential forensic analysis, and coverage for a data breach. Sometimes the client will say “Yes, we have cyber coverage.” However, when reviewing the coverage … Continue Reading
In the top three of the list of highly sensitive personal data to be concerned about is our medical information. It’s so sensitive because it is so personal. It used to be that our medical information was located in paper charts at our doctor’s office, the hospital, the pharmacy and our health insurer. Now it’s … Continue Reading
The Office of Civil Rights (OCR), the enforcement arm of the Department of Health & Human Services (HHS), announced that a Tennessee diagnostic medical imaging services company has agreed to pay $3 million to settle potential HIPAA violations arising from a data breach that exposed over 300,000 patients’ protected health information. As part of the … Continue Reading
On April 26, 2019, the U.S. Department of Health and Human Services (HHS) issued a Notification of Enforcement Discretion (Notice) regarding imposition of Civil Money Penalties (CMPs) under HIPAA. In the Notice, HHS announces that it has revisited its prior interpretation of the standards for assessment of CMPs under the HITECH Act, and is exercising … Continue Reading
On April 8, 2019, The University of Texas MD Anderson Cancer Center (MDA) filed a petition with the U.S. Court of Appeals for the Fifth Circuit seeking review of a decision by the Department of Health & Human Services’s (HHS) Departmental Appeals Board (DAB) Appellate Division to uphold $4.35 million in civil money penalties (CMPs) … Continue Reading
On December 14, 2018 the Department of Health & Human Services Office for Civil Rights (OCR) published a Request for Information (RFI) soliciting public input on updates to regulations promulgated under the Health Insurance Portability and Accountability Act (HIPAA) with the goals of removing “regulatory obstacles” and decreasing “regulatory burdens” in furtherance of the health care industry’s … Continue Reading
The United States Department of Health & Human Services, Office of Civil Rights (OCR) announced a settlement this week with Allergy Associates of Hartford, P.C. whereby Allergy Associates agreed to pay $125,000 to resolve a HIPAA violation complaint that alleged the covered entity impermissibly disclosed the complainant’s Protected Health Information (PHI) to an unauthorized third … Continue Reading
We have previously reported on the anticipated impact of the new California Privacy Law—the California Consumer Privacy Act (“the Act”) [view related post]. The first amendment to the Act, (most likely be the first of many amendments) recently obtained approval from state lawmakers and is on its way to Governor Jerry Brown for signature. The … Continue Reading
Data breaches continue to be an issue for health care providers, as indicated when looking at breaches reported to the Office for Civil Rights (OCR), as required by HIPAA. In the first three months of 2018, there were 77 breaches of protected health information (PHI) reported to OCR, which included more than one million patient … Continue Reading
On April 30, 2018, a Massachusetts physician was convicted of a criminal violation of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), as well as one count of obstruction of a criminal health care investigation, in a Massachusetts federal court. The convictions relate to the purported sharing of confidential patient information by the … Continue Reading
The New Jersey Attorney General’s office announced this week that it has fined Virtua Medical Group, which is comprised of more than 50 medical practices in New Jersey, for failing to protect the privacy of 1,650 patients when their medical information was accessible online. The information was uploaded to a password-protected FTP website, but during … Continue Reading
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 notices required by law, including HIPAA. To ease the administrative burden and to cut costs, these notices can, and often … Continue Reading
The Office for Civil Rights (OCR) issued a press release today announcing that it has settled alleged HIPAA violations with Memorial Hermann Health System (MHHS) for $2.4 million. According to the Resolution Agreement it has inked with the OCR, MHHS must also implement a corrective action plan, including updating its policies and procedures, training staff … Continue Reading
Florida Memorial Healthcare Systems has agreed to pay the Office for Civil Rights (OCR) $5.5 million to settle alleged HIPAA violations relating to an incident that occurred in April 2012 that two employees accessed patient information of 106,000 patients in an unauthorized manner and with criminal intent, including their names, dates of birth, and Social … Continue Reading
In a rare move by the OCR, it assessed a $3.2 million fine against Children’s Medical Center of Dallas (Children’s) after it issued a Notice of Proposed Determination against Children’s and Children’s failed to request a hearing. The Notice was issued following the OCR’s investigation of two self-reported data breaches. The first involved the theft … Continue Reading
On November 30, 2016, the U.S. House of Representatives voted strongly in favor of the 21st Century Cures Act (the Act), an expansive health bill that addresses the discovery and development of new medical therapies as well the delivery of health care treatment by providers. In 2015, the House had previously approved an earlier version … Continue Reading
On November 28, 2016, the Office for Civil Rights (OCR) issued an Alert to its listservs that a phishing email is being circulated on “mock HHS Departmental letterhead under the signature of OCR”s Director, Jocelyn Samuels” to employees of HIPAA covered entities and business associates. The email looks official and tells the recipient that it … Continue Reading
The United States Attorney’s Office for the District of Massachusetts recently announced that three former district managers of the pharmaceutical firm Warner Chilcott have been sentenced for violating the Health Insurance Portability and Accountability Act (HIPAA) and committing healthcare fraud. The allegations include that the district managers directed certain sales representatives to fill out prior … Continue Reading
Federal regulators announced last week that Illinois’ largest hospital chain would pay $5.5 million, a record payment under the Health Insurance Portability and Accountability Act (HIPAA), in connection with three 2013 data breaches that affected the protected health information of millions of its patients. The Advocate Health Care Network, which manages twelve hospitals and hundreds … Continue Reading
Oregon Health & Science University (OHSU) has agreed to settle alleged HIPAA violations involving two separate data breaches with the Office for Civil Rights (OCR) for $2.7 million. In the span of three months in 2013, OHSU experienced two reportable data breaches, which triggered investigations by the OCR. The first occurred when an unencrypted laptop … Continue Reading
The importance of physical security and the risk associated with the unauthorized access to or loss of paper records is clear from recent experiences of Pruitt Health in South Carolina. On March 2, 2016, an intruder broke the front door glass of one of its home health locations and had access to paper medical records … Continue Reading
Our predictions that the Office for Civil Rights (OCR) will become more aggressive with audits, investigations, and fines against HIPAA business associates has come true. On June 24, 2016, the OCR announced that it has settled an investigation with Catholic Health Services of the Archdiocese of Philadelphia (CHCS), stemming from CHCS’ capacity as a HIPAA … Continue Reading
Governor Bruce Rauner signed several new provisions into law amending Illinois’ Personal Information Privacy Act, including health insurance and medical information into the definition of personal information that triggers notification in the event of a breach. Health insurance information under the law includes an individual’s health insurance policy number or subscriber identification number as well … Continue Reading
