Pursuant to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), covered entities (e.g. healthcare providers and health plans) must notify the Department of Health and Human Services (“HHS”) of breaches of unsecured protected health information (“PHI”).¹ The information provided to HHS provides companies with a high level of insight concerning the types of breaches that occur in the healthcare industry.

The data collected by HHS concerning breaches affecting 500 or more individuals in 2015 shows that unauthorized access or disclosure, such as misdirected mailings, break-ins of physical premises, and employees accessing PHI that is not necessary for their duties, is the most common form of data breach in the health sector – surpassing theft of hardware, which was the leading cause for health data breach in 2014. The unauthorized access mostly occurred on paper records. While hacking events tend to be publicized in media, it ranks only third in leading causes for health data breaches.

Things to consider when reviewing your information security program in light of HHS data:

1. Implement different access levels for employees’ access to PHI based on their job duties;
2. Immediately stop access to PHI by terminated employees and escort them if necessary;
3. Require a two-step verification process to ensure that mail and email recipients’ information is correct before sending invoices or appointment reminders;
4. Transition from paper records to secure, encrypted computer databases;
5. Shred paper records when no longer needed;

Prevent break-ins by implementing physical safeguards such as security alarms, security guards, and locks on windows and doors.