News & Analysis as of November 17, 2024

Business Associates › Covered Entities › Hackers

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Business Associates can refer broadly to individuals engaged in business relationships with one another. However, in the HIPAA context, the term has a specific statutory meaning and those characterized as... more +

Business Associates can refer broadly to individuals engaged in business relationships with one another. However, in the HIPAA context, the term has a specific statutory meaning and those characterized as business associates have expanded data protection obligations and duties. Essentially, a business associate under HIPAA is a person or entity that performs certain functions or services which necessitates exposure to protected health information on behalf of a covered entity. Typical business associate functions include: claims processing or administration, data analysis, billing, etc. less -

‘I Will Not Rest’; ‘I Am All In’: Remarkable Breach Hearing Sees Pledges by UHG CEO, Sen. Wyden

Health Care Compliance Association (HCCA) on 5/13/2024

United Healthcare Group (UHG) CEO Andrew Witty was in a board meeting on Feb. 21 when officials interrupted with the news that Change Healthcare—a clearinghouse UHG subsidiary Optum had purchased for $1.3 billion in October...more

2022 Outlook: More Dangerous Ransomware Coupled With Inadequate Security Practices

Health Care Compliance Association (HCCA) on 1/17/2022

Report on Patient Privacy 22, no. 1 (January, 2022) - As the COVID-19 pandemic enters its third year, real “security fatigue” with pandemic-related issues will combine with cybercriminals’ increasingly sophisticated...more

FBI: More Awareness, Due Diligence Needed To Fight China in New ‘Space Race’ for Data

Health Care Compliance Association (HCCA) on 10/15/2021

Report on Patient Privacy 21, no. 10 (October, 2021) - Conducting a risk analysis is a basic tenet of security compliance, with the overarching goal of understanding where protected health information (PHI) “lives” in an...more

Security Threats Soar From Nation-State Bad Actors as the New Year Gets Underway

Health Care Compliance Association (HCCA) on 1/13/2021

Report on Patient Privacy 18, no. 1 (January 2021) - Security threats to health care entities will continue to escalate in 2021, as bad actors with significant capabilities target pandemic-weary organizations still...more

Settlement Involves 'Dark Overlord' Hack, Tip by Breach-Tracking Journalist

Health Care Compliance Association (HCCA) on 10/16/2020

Report on Patient Privacy 20, no. 10 (October 2020) - September was quite the month for enforcement actions by the HHS Office for Civil Rights (OCR). The agency announced eight settlements totaling more than $10 million....more

HIPAA Security And “Zero Day” Exploits: How To Stay Ahead Of The Hack

Fox Rothschild LLP on 4/5/2019

HHS Office for Civil Rights (OCR)’s April 3, 2019 cybersecurity newsletter highlights one of the more challenging cybersecurity vulnerabilities faced by covered entities and business associates. OCR reminds covered entities...more

A New FBI Warning for Healthcare Providers

Mintz - Privacy & Cybersecurity Viewpoints on 3/30/2017

The FBI has issued new guidance specifically applicable to medical and dental facilities regarding the cybersecurity risk of File Transfer Protocol (“FTP”) servers operating in “anonymous” mode. FTPs are routinely used to...more

OCR Alerts Listservs About Fake Phishing Email to Covered Entities and Business Associates

Robinson+Cole Data Privacy + Security Insider on 12/2/2016

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”...more

HHS Publishes New Guidance on HIPAA and Cloud Computing

Stinson LLP on 10/27/2016

The U.S. Department of Health and Human Services Office for Civil Rights (OCR) has issued a new guidance regarding HIPAA compliance and the use of cloud computing solutions. The guidance is intended to assist covered entities...more

Blog: GAO Criticizes HHS In Health Information Cybersecurity Report

Cooley LLP on 9/30/2016

On Monday, the Government Accountability Office (“GAO”) released a report (the “Report”) criticizing the U.S. Department of Health and Human Services (“HHS”) security and privacy guidance and oversight in protecting...more

OCR Makes It Official: Ransomware Attacks Are HIPAA Breaches

McGuireWoods LLP on 7/27/2016

Ransomware attacks appear to be increasing in frequency as well as severity. Ransomware is malicious software that encrypts data until a ransom is paid to the hacker. For healthcare providers, the inability to access...more

OCR Announces New HIPAA Guidance on Ransomware

Cozen O'Connor on 7/14/2016

In response to the increasing prevalence of ransomware cyber-attacks by hackers on electronic health information systems in hospitals and medical practices, the Department of Health and Human Services (HHS) Office for Civil...more

Data-Harvesting Zombie Hackers, Blood-Thirsty Auditors, and Other Reasons to be Scared on Halloween

Mintz - Health Care Viewpoints on 10/30/2015

This Halloween, the scariest monsters might not be in your closet or under your bed. They may be overseas, orchestrating intrusions into your electronic medical record. Or they may be lurking in your own workforce, carrying...more

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