News & Analysis as of

Data Breach Patient Confidentiality Breaches Protected Health Information

Health Care Compliance Association (HCCA)

Privacy Briefs: March 2024

Research from Guidepoint Security found that 2023 saw an 80% increase in ransomware activity year-over-year, driven in part by multiple mass exploitation campaigns impacting hundreds of organizations. In total, the report...more

Poyner Spruill LLP

OCR and an ALJ send a Clear Message about Importance of Mitigating Risks

Poyner Spruill LLP on

In the latest twist in a case that began last year, an administrative law judge (ALJ) agreed that a $4.3 million penalty, levied by the Office of Civil Rights (OCR) against the MD Anderson Cancer Center as a result of HIPAA...more

Ruder Ware

When Does a HIPAA Breach Exist?

Ruder Ware on

Conducting HIPAA Breach Risk Assessments - The HIPAA rules relating to assessment of potential patient confidentiality breaches were changed in 2013. Specifically, on January 17, 2013, the Office of Civil Rights released...more

Latham & Watkins LLP

St. Elizabeth’s Medical Center Pays $218,400 to Settle Alleged HIPAA Security Case Stemming from Use of Cloud-Based Document...

Latham & Watkins LLP on

Alleged HIPAA Violations Resulted from Medical Center’s Failure to Risk Assess Internet-Based Document Sharing Application and Inadequate Breach Response. The US Department of Health and Human Services (HHS) Office for...more

Foley & Lardner LLP

Is My Telehealth App Subject to HIPAA?

Foley & Lardner LLP on

Many telehealth and mHealth app developers are concerned about whether or not their app is a medical device under FDA regulations (and rightfully so), they often pay less attention to the Health Insurance Portability and...more

Carlton Fields

Protections Governing Theft and Publication of Medical Records

Carlton Fields on

As instances of medical data breaches increase, U.S. courts are interpreting the scope of liability stemming from them. In California, the court in Sutter Health et al. v. The Superior Court of Sacramento County (Atkins) held...more

Cozen O'Connor

Data Breach Plaintiff Given Second Chance to Certify Class Action Suit

Cozen O'Connor on

Recently, the Pennsylvania Superior Court ruled in favor of data breach plaintiff Avrum Baum, giving him a second chance to certify a class action suit against Keystone Mercy Health Plan. Baum brought suit against the...more

Nossaman LLP

Let the Games Begin: First Sony Class Action Lawsuit Filed Over Data Breach

Nossaman LLP on

It’s happened. The first class action lawsuit has been filed against Sony for failing to prevent hackers from stealing its current and former employees’ social security numbers, medical records, and salary information....more

Cooley LLP

Blog: Beth Israel To Pay $100,000 for Massachusetts Health Information Breach

Cooley LLP on

Beth Israel Deaconess Medical Center (Beth Israel) reached a settlement with the Massachusetts Attorney General’s Office for a data breach in which a physically unsecured laptop was stolen containing personal and protected...more

Troutman Pepper

Connecticut Supreme Court Allows Plaintiffs to Circumvent HIPAA’s No Private Right of Action Clause

Troutman Pepper on

In an opinion released on November 11, the Connecticut Supreme Court ruled on whether the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and its implementing regulations preempt a common law claim for...more

K&L Gates LLP

Connecticut Supreme Court Issues Decision That Could Expand State Law Liability in Data Breach Class Actions for Businesses...

K&L Gates LLP on

Health care providers have not escaped the recent proliferation of data breach class actions, but plaintiffs generally have been unsuccessful in bringing claims based on the Health Insurance Portability and Accountability Act...more

K&L Gates LLP

Recent California Decision Holds That Privacy/Data Breach Liability Covered Under “Traditional” Insurance Policy

K&L Gates LLP on

In an October 7th decision, the United States District Court for the Central District of California upheld coverage under a commercial general liability policy for a hospital data breach that compromised the records of nearly...more

Womble Bond Dickinson

A Detailed Analysis of Changes to HIPAA and the Implications for Healthcare Providers and Others in the Healthcare Industry: HIPAA...

Womble Bond Dickinson on

Changes to the HIPAA Security Rule Background: The HIPAA Security Rule protects electronic PHI by requiring Covered Entities to implement certain administrative, physical, and technical safeguards surrounding...more

BakerHostetler

OCR'S Breach Settlement: The First Ever Involving Less Than 500 Patients

BakerHostetler on

The HHS Office for Civil Rights (OCR) started 2013 with a bang by announcing that it had reached "the first settlement involving a breach of unprotected electronic protected health information (ePHI) affecting fewer than 500...more

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