HIPAA

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Mobile health apps are growing in popularity and their number is increasing every year. Many of us find it convenient to use an app to schedule medical appointments, check medical records, track and store health data, and check symptoms. App developers have always needed to be mindful of protecting the privacy of the information that…

One of the challenging things about HIPAA (Health Insurance Portability and Accountability Act) enforcement is the fact that both the Office for Civil Rights and State AGs have jurisdiction to assess fines and penalties for HIPAA violations. The old double whammy.

States enforce those rights sparingly, but New Jersey is getting itself on the map…

A federal district court in Montana has confirmed that HIPAA precludes a private right of action for patients to claim an unauthorized access, use, or disclosure of protected health information.  Nonetheless, the court denied the defendant covered entity’s motion to dismiss the complaint, holding that the plaintiff could move forward with state-specific claims of invasion…

The Office of Civil Rights (OCR) of the U.S. Department of Health & Human Services recently issued its Summer 2021 Cybersecurity Newsletter, which focuses on controlling access to electronic personal health information (ePHI) and the HIPAA Security Rule standards. Citing to a recent report of security incidents and data breaches in the health care…

Last week, Diabetes, Endocrinology & Lipidology Center Inc. (DELC) of West Virginia reached a $5,000 settlement with the Office for Civil Rights (OCR) over  allegations that it failed to provide timely access to a patient’s health records.   The OCR alleged that DELC waited more than two years to send a minor’s medical records to their…

The Office for Civil Rights (OCR) this week announced a settlement with Peachstate Health Management LLC (aka AEON Clinical Laboratories) following a compliance review that uncovered alleged violations of HIPAA.

The settlement includes a $25,000 payment to OCR by Peachstate, a corrective action plan, and three years of monitoring by OCR.

OCR initiated a compliance…

The state of Virginia might be the next state to enact a privacy law. Senate Bill No. 1392 recently passed the Senate and is likely on its way to Governor Ralph Northam’s desk.  The bill adds the Consumer Data Protection Act to the Virginia Code and includes definitions of biometric data, precise geolocation data, profiling,…

The Office for Civil Rights (OCR) issued a press release on November 12, 2020, announcing that it had settled its eleventh enforcement action in its HIPAA Right-of-Access Initiative. The settlement with Dr. Rajendra Bhayani, an otolaryngologist (ENT) practicing in Regal Park, New York, included a payment of $15,000, a corrective action plan and two years…

New Jersey Attorney General (AG) Gurbir S. Grewal announced on November 2, 2020, that his office has settled with ShopRite’s parent company, Wakefern Food Corp. (Wakefern) and two of its supermarket entities for $235,000 for a data breach that occurred in 2016.

According to the press release, the AG alleged that Wakefern violated HIPAA and…

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…