News & Analysis as of

Health Care Providers Health Insurance Portability and Accountability Act (HIPAA) Incident Response Plans

Alston & Bird

New York State Department of Health Revises Proposed Hospital Cybersecurity Regulations

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In May 2024, the New York State Department of Health (“NYSDOH”) issued revisions to proposed regulations on hospital cybersecurity that it first released in November 2023. The proposed revised regulations are subject to...more

Health Care Compliance Association (HCCA)

UHG’s Breach Response May Prove Enlightening for Others

Organizations typically deal with ransomware attacks out of the public eye, but the massive scale of United Healthcare Group’s (UHG) February breach made that an impossibility. UHG CEO Andrew Witty was recently on the hot...more

Health Care Compliance Association (HCCA)

Privacy Briefs: October 2023

Report on Patient Privacy 23, no. 10 (October, 2023) Kaiser Foundation Health Plan Inc. and Kaiser Foundation Hospitals will pay California $49 million to resolve allegations that they unlawfully disposed of hazardous waste,...more

Kerr Russell

Cybersecurity for Medical Practices: Addressing the HIPAA in the Room

Kerr Russell on

Cybersecurity attacks, such as malware, phishing emails, and password attacks, are a growing threat to patients and medical practices. Cyber attacks can significantly disrupt patient care, including by exposing confidential...more

Jackson Lewis P.C.

OCR Reminds Healthcare Providers and Their Business Associates – You Need an Incident Response Plan!

Jackson Lewis P.C. on

We have been quite busy this October, which happens to be National Cybersecurity Awareness Month. But, we did not want to let the month go by without some recognition; and we are grateful to the HHS Office for Civil Rights...more

Health Care Compliance Association (HCCA)

Securing Problematic 'Legacy' Devices: Be Part of Procurement, Push for Info

Report on Patient Privacy 22, no. 3 (March, 2022) - Typically a “legacy” describes the lasting impact of an influential person or movement, most often in a positive sense. Not so with medical devices. When legacy is applied...more

Miles & Stockbridge P.C.

Avoid Turning One Data Breach into Two

When can a data breach get worse? When the process of notifying victims creates a second breach. Take the example of a cancer treatment center that recently paid $425,000 to settle allegations that included a faulty...more

K&L Gates LLP

Health Care Triage: Data Security Breaches in the Health Care Sector

K&L Gates LLP on

Desiree Moore, Gina Bertolini, and Jackie Hoffman discuss the increasing impact of data security incidents and security breaches on the health care sector. They define what qualifies under HIPAA as a protected health...more

Goodwin

DOJ Announces New Initiative to Use False Claims Act to Enforce Compliance with Data Privacy and Security Laws and Contract...

Goodwin on

The Department of Justice recently announced the launch of its new Civil Cyber-Fraud Initiative (the “Initiative”) which intends to use the False Claims Act to pursue “cybersecurity-related fraud by government contractors and...more

Holland & Knight LLP

Get Ready for HIPAA Questions on Your Recognized Security Practices

Holland & Knight LLP on

An amendment to the Health Information Technology for Economic and Clinical Health (HITECH) Act was signed into law on Jan. 5, 2021, directing U.S. Health and Human Services (HHS) to consider "recognized security practices"...more

Poyner Spruill LLP

Three Lessons From a Hospital Under Ransomware Siege

Poyner Spruill LLP on

Missouri’s Cass Regional Medical Center (CRMC) was recently hit with a ransomware attack. Existing patients continued to receive care, but incoming trauma and stroke patients were diverted to other facilities. The hospital...more

BCLP

Healthcare Data Breach Litigation Trends

BCLP on

Companies that have a breach involving PHI worry not only about fines and penalties imposed by HHS, but about class action lawsuits. The risk that a class action lawsuit will lead to financial liability, however, is often...more

Robinson+Cole Data Privacy + Security Insider

OCR Releases “Improved Web Tool” for Breach Reporting

The Office for Civil Rights (OCR) recently issued an “improved web tool that puts important information into the hands of individuals, empowering them to better identify recent breaches of health information and learn how all...more

Chambliss, Bahner & Stophel, P.C.

Tennessee Enacts Changes to Data Breach Statute

Businesses in the State of Tennessee should take note of several significant changes to Tennessee's data breach statute that take effect for data breaches occurring on or after July 1, 2016. Currently, Tennessee Code...more

K&L Gates LLP

Government Investigations Into Cybersecurity Breaches In Healthcare

K&L Gates LLP on

In September 2015, a U.S. Department of Health and Human Services (HHS), Office of the Inspector General (OIG), report found that the Office of Civil Rights (OCR), the agency charged with ensuring compliance with the Health...more

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