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Patient’s Request for Records Uncovers Dental Practice’s Ransomware Attack, Leading to $350K Settlement

The Indiana Attorney General Office (OAG) filed a detailed complaint on December 23, 2024 (Complaint) which arose out of the following patient complaint: The OAG received a consumer complaint stating that the consumer had...more

What is Automated Decisionmaking Technology (ADMT) under CCPA proposed regulations?

On November 8, 2024, the California Privacy Protection Agency (CPPA) voted to advance proposed regulations concerning automated decisionmaking technology. While the comment period is ongoing and we do not have final rules, we...more

Florida Healthcare Provider Faces $1.19M HIPAA Penalty Following Independent Contractor Breach

A healthcare provider delivering pain management services in Florida and other states faces a $1.19 million civil monetary penalty from the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR)....more

Key Takeaways for Healthcare Providers Following HHS OCR’s Most Recent Ransomware Investigation

Announcing its fourth ransomware cybersecurity investigation and settlement, the Office for Civil Rights (OCR) also observed there has been a 264% increase in large ransomware breaches since 2018....more

Investigation of AI Training by Australian Radiology Provider Provides Important Reminder for U.S. Healthcare Providers

If there is one thing artificial intelligence (AI) systems need is data and lots of it as training AI is essential for achieving success for a given use case. A recent investigation by Australia’s privacy regulator into the...more

DOL Expands Fiduciary Obligations for Cybersecurity to Health and Welfare Plans

A little more than three years ago, the U.S. Department of Labor (DOL) posted cybersecurity guidance on its website for ERISA plan fiduciaries. That guidance extended only to ERISA-covered retirement plans, despite health and...more

Maryland Passes Comprehensive Data Privacy Law, Joining the Swelling State Ranks

Maryland’s governor recently signed the Maryland Online Data Privacy Act of 2024 (MODPA), making Maryland one of six states—along with Kentucky, Nebraska, New Hampshire, New Jersey, and Rhode Island—to pass a comprehensive...more

Nebraska Adds to the List of States That Have Enacted a Comprehensive Consumer Data Privacy Law

On April 17, 2024, Nebraska’s governor signed Legislative Bill 1074, which establishes a consumer data privacy law for the state. Nebraska’s law takes effect January 1, 2025. To Whom does the law apply? The law applies to...more

New HIPAA Final Rule Imposes Added Protections for Reproductive Health Care Privacy

On April 22, 2024, the federal Department of Health and Human Services’ Office for Civil Rights (OCR) announced a final rule enhancing privacy protections relating to reproductive health care. Specifically, the final rule...more

Privacy Versus Cyber – What is the Bigger Risk?

“Cybersecurity” has emerged as one of top risks facing organizations. Considering the steady stream of massive data breaches affecting millions (sometimes billions), the debilitating effects of ransomware on an organization’s...more

Multi-factor Authentication (MFA) Bypassed to Permit Data Breach

As organizations continue to take steps to prevent cyberattacks, a near-universal recommendation is that they should implement multi-factor authentication (MFA), and for good reason. Organizations subject to the updated FTC...more

New Hampshire Passes Comprehensive Consumer Data Privacy Law

On March 6, 2024, New Hampshire’s Governor signed Senate Bill 255, which establishes a consumer data privacy law for the state. The Granite State joins the myriad of state consumer data privacy laws. It is the second state in...more

Downstream Breaches Cause Headaches for Healthcare Providers, as State AG Seeks Law Change to Require AG Notification

For healthcare providers and health systems covered by the privacy and security regulations under the Health Insurance Portability and Accountability Act (HIPAA), a breach of unsecured protected health information (PHI)...more

Top 10 for 2024 – Happy Data Privacy Day!

To celebrate Data Privacy Day (January 28), we present our top ten data privacy and cybersecurity predictions for 2024. 1. AI regulations to protect data privacy. Automated decision-making tools, smart cameras, wearables,...more

AI, Phishing Attacks, Healthcare, and a $480,000 OCR Settlement under HIPAA

Phishing has long been a favorite tactic for threat actors (hackers) to commence a cyberattack. The rapid expansion of more adaptable and available artificial intelligence (AI) technologies, such as natural language...more

Sanction Policies Can Help Drive Cybersecurity and HIPAA Compliance, OCR Says

Many HIPAA covered entities and business associates struggle with developing and implementing a sanctions policy. What should it say, is zero-tolerance required, do we have to impose discipline in every case, etc. These are...more

OCR Official Speaks About Compliance Concerns for HIPAA Covered Entities and Business Associates

What do ransomware, Yelp, and website tracking technologies all have in common? They are troubling areas of concern for HIPAA covered entities and business associates, according to one official from the federal Office for...more

Hospital Mergers Double the Risk of a Data Breach, Study Shows

The healthcare sector is a prime target for data breaches. According to a summary by the HIPAA Journal, 32% of all data breaches between 2015 and 2022 were in the healthcare sector, “almost double the number recorded in the...more

ChatGPT and HIPAA, Caution is Needed, Even ChatGPT Says So!

Recently, things may have sped up a little in your doctor’s office. The notes for your recent visit may have been organized and filed a little more quickly. You might have received assistance sooner than expected with a...more

HHS and FTC Send Joint Letter to 130 Hospital Systems, Telehealth Providers Re: Tracking Technologies

The Department of Health and Human Services and the Federal Trade Commission have sent a joint letter to approximately 130 hospital systems and telehealth providers to emphasize the risks and concerns about the use of...more

Connecticut Adds Protections for Health Data and Minors to Privacy Law

On June 26, 2023, the Governor of Connecticut signed Senate Bill (SB) 3 which set forth new requirements related to consumer health data and protections for minors online. As Connecticut’s comprehensive consumer privacy...more

Lone Star State Enacts Consumer Privacy Law

On June 18, 2023, Texas’ Governor signed House Bill (HB) 4 which enacts the Texas Data Privacy and Security Act. Texas joins California, Colorado, Connecticut, Indiana, Iowa, Montana, Tennessee, Utah, and Virginia in enacting...more

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