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Business Associates › Protected Health Information › Ransomware

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 -
Winstead PC

HIPAA Gets a Potential Counterpart in HISAA

Winstead PC on

Americans hear about cybersecurity incidents on a frequent basis. As the adage goes, it is not a matter of “if” a breach or security hack occurs; it is a matter of “when.”...more

Holland & Knight LLP

What HIPAA Security Rule Surprises Await Healthcare Providers for the Second Half of 2024?

Holland & Knight LLP on

The U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) has, as part of its mandate, the responsibility to enforce the Health Insurance Portability and Accountability Act (HIPAA) Security Rule....more

Bricker Graydon LLP

HHS Issue Six Figure Penalty for Ransomware Attack

Bricker Graydon LLP on

Late last year, the Department of Health and Human Services (HHS) issued its first HIPAA settlement agreement involving a ransomware attack. In the press release announcing the settlement, HHS stated that they began...more

Health Care Compliance Association (HCCA)

2022 Outlook: More Dangerous Ransomware Coupled With Inadequate Security Practices

Health Care Compliance Association (HCCA) on

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

Health Care Compliance Association (HCCA)

Nick Culbertson on Compliance Breaches in Healthcare

Health Care Compliance Association (HCCA) on

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

Health Care Compliance Association (HCCA)

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

Health Care Compliance Association (HCCA) on

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

NAVEX

4 Ways to Protect ePHI Beyond HIPAA Compliance

NAVEX on

Given the choice between credit card data and digital health records, cybercriminals prefer the latter. A stolen credit card can be canceled. Electronic protected health information (ePHI) with its treasure-trove of...more

Health Care Compliance Association (HCCA)

Big Breaches, Down in First Half of 2020, Show Role of BAs; Increase May Be Coming

Health Care Compliance Association (HCCA) on

Report on Patient Privacy 20, no. 7 (July 2020) - During the first six months of this year, 228 breaches affecting 500 or more individuals were reported to the HHS Office for Civil Rights (OCR), and of the top 20, five...more

Mintz - Privacy & Cybersecurity Viewpoints

A New Decade of HIPAA – What Can We Expect?

Mintz - Privacy & Cybersecurity Viewpoints on

As the decade winds down, it’s hard to believe that the HIPAA Privacy and Security Rules are almost twenty years old. It has been ten years since the U.S. Department of Health and Human Services (HHS) Office for Civil Rights...more

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 19, Number 11. Privacy Briefs: November 2019

Health Care Compliance Association (HCCA) on

Report on Patient Privacy Volume 19, Number 11. (November 2019) ? The biggest threat to protected health information comes from carelessness within your organization, according to a brief from the Clearwater...more

Mintz - Privacy & Cybersecurity Viewpoints

A New FBI Warning for Healthcare Providers

Mintz - Privacy & Cybersecurity Viewpoints on

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

Robinson+Cole Data Privacy + Security Insider

November the Worst Month Yet for Healthcare Breaches

Robinson+Cole Data Privacy + Security Insider on

We have repeatedly reiterated numerous warnings to the healthcare industry about malware and ransomware [see related posts here and here]. Our predictions have unfortunately become true, as November was the worst month ever...more

BakerHostetler

A Closer Look at the OCR’s Guidance on Ransomware

BakerHostetler on

In the wake of several high-profile ransomware infections targeting hospitals and health care organizations, the Department of Health and Human Services Office for Civil Rights (OCR) has issued guidance on the growing threat...more

BCLP

Ransomware May Be a Reportable HIPAA Breach

BCLP on

In 2016, more than 4000 ransomware or other malware attacks are occurring daily, a 300% increase since 2015. There have been reports of six hospitals that have been victims of ransomware in 2016. Ransomware is a type of...more

Parker Poe Adams & Bernstein LLP

OCR Issues Guidance on Ransomware Attacks and Determining Whether a Reportable HIPAA Breach Exists

Parker Poe Adams & Bernstein LLP on

The Office of Civil Rights (“OCR”) has issued new guidance in connection with an increase of malicious cyberattacks, namely ransomware attacks on healthcare organization’s computer systems. Ransomware is a defined by HHS as a...more

McDermott Will & Emery

Guidance on Ransomware Attacks under HIPAA and State Data Breach Notification Laws

McDermott Will & Emery on

The US Department of Health and Human Services (HHS) has recently issued guidance under the Health Insurance Portability and Accountability Act (HIPAA) on what covered entities and business associates can do to prevent and...more

McGuireWoods LLP

OCR Makes It Official: Ransomware Attacks Are HIPAA Breaches

McGuireWoods LLP on

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

Foley Hoag LLP - Security, Privacy and the...

HHS OCR Guidance on Ransomware Attacks: They Constitute a “Security Incident” and Are Likely a Data Breach

Foley Hoag LLP - Security, Privacy and the... on

On July 11, 2016, the HHS Office of Civil Rights (OCR) released guidance on HIPAA covered entities’ responsibilities in a ransomware attack, a type of cyber-attack that has targeted the health care sector extensively in...more

Baker Donelson

Ransomware Attack is a Breach – Unless You Can Prove Otherwise

Baker Donelson on

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

Arnall Golden Gregory LLP

OCR Issues New Guidance on Ransomware and HIPAA

Arnall Golden Gregory LLP on

In response to a rising number of ransomware attacks on healthcare systems, the Department of Health and Human Services (HHS) Office of Civil Rights (OCR) has issued new ransomware guidance on the HIPAA obligations of...more

Dickinson Wright

New HIPAA Guidance on Ransomware Prevention and Recovery

Dickinson Wright on

A U.S. government interagency report indicates that there has been a 300 percent increase in the daily ransomware attacks in 2016 as compared to 2015. Ransomware is malicious software that, when introduced into a system,...more

Patterson Belknap Webb & Tyler LLP

Department of Health and Human Services Cracks Down on Vendor Oversight in Recent Hospital Settlements

Patterson Belknap Webb & Tyler LLP on

From the rise in ransomware attacks to inadvertent disclosure of information by subcontractors, the health services industry is reminded that a potential consequence of a data breach is the threat of a regulatory enforcement...more

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