News & Analysis as of October 18, 2024

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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 -

Ep. 19 - What to Do When Your Business Associate Suffers a Ransomware Attack

Dentons on 6/10/2024

The healthcare industry remains a popular target for ransomware attacks. If you haven’t been impacted by a ransomware attack, it’s likely only a matter of time before someone you do business with or buy services from is...more

Insider Threats to Healthcare Data: What You Need to Know and 5 Steps You Can Take Now

Fisher Phillips on 5/22/2024

Healthcare data breaches are occurring more frequently and on larger scales than ever before – and while you defend against cyberattacks and other external threats, make sure you do not overlook the critical role your...more

‘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

Business Associate Agrees to $100,000 Settlement Following Cyber Attack

Saul Ewing LLP on 11/9/2023

On Halloween, the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR) announced a $100,000 settlement under the Health Insurance Portability and Accountability Act (HIPAA) with Doctors’...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

Facing Escalating Attacks, AHA Presses OCR to Expedite Security Practices Rule

Health Care Compliance Association (HCCA) on 12/10/2021

Report on Patient Privacy 21, no. 12 (December, 2021) - Amid the letters of congratulations to new HHS Office for Civil Rights (OCR) Director Lisa Pino is a plea from the American Hospital Association (AHA): “victims” of...more

Nick Culbertson on Compliance Breaches in Healthcare

Health Care Compliance Association (HCCA) on 7/15/2021

Preventing data breaches is a critical task for all businesses these days, but it’s especially so in healthcare. No one wants to see health information disclosed, and the risks of a ransomware attack are enormous, literally...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

More Help for Health Care Organizations: HHS Releases Voluntary Cybersecurity Practices Developed with Industry Input

Baker Donelson on 1/3/2019

On Friday, December 28, 2018, the Department of Health and Human Services (HHS) released several documents, including the "Health Industry Cybersecurity Practices (HICP): Managing Threats and Protecting Patients," an...more

How Can Healthcare Organizations Prepare for the Next Cyberattack?

Latham & Watkins LLP on 7/11/2017

HHS OCR issues checklist, iterative guidance in wake of WannaCry and Petya attacks; Anthem breach settlement provides additional lessons. Key Points: ..Healthcare organizations are particularly vulnerable to ransomware...more

My Entity Just Experienced a Cyber-Attack! What Do We Do Now?

Balch & Bingham LLP on 6/19/2017

On June 9, 2017, the U.S. Department of Health and Human Services (HHS), Office of Civil Rights (OCR) released a cyber-attack “Quick Response” checklist (the Checklist) for the benefit of HIPAA covered entities and business...more

OCR Publishes Checklist and Infographic for Cyber Attack Response

Mintz - Health Care Viewpoints on 6/14/2017

OCR released a simple checklist and infographic last week to assist Covered Entities and Business Associates with responding to potential cyber attacks. As cybersecurity remains a pressing concern for health care entities,...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

Ransomware Attack is a Breach – Unless You Can Prove Otherwise

Baker Donelson on 7/25/2016

Ransomware is the fastest growing malware threat in the United States, targeting simple home computers to elaborate corporate IT networks. The Federal Bureau of Investigation recently reported an increase in ransomware...more

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