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The February 2024 ransomware attack on Change Healthcare was the largest healthcare data breach in U.S. history. The attack disrupted operations—impacting patient care and provider finances—and potentially exposed the...more
Cyberattacks remain one of the most serious threats facing the healthcare industry. Healthcare providers and their vendors handle sensitive and valuable health data, making them prime targets for cybercriminals....more
The HIPAA Security Rule was originally promulgated over 20 years ago. While it historically provided an important regulatory floor for securing electronic protected health information, the Security Rule’s lack of...more
2024 was a record year for cyberattacks in the healthcare sector. According to the Breach Portal maintained by the U.S. Department of Health and Human Services (“HHS”) Office of Civil Rights (“OCR”), to date this year, there...more
Welcome to our eighth 2024 issue of Decoded - our technology law insights e-newsletter. Thank you for reading. EU AI Act Tightens Grip on High-Risk AI Systems: Five Critical Questions for U.S. Companies - Why this is...more
New York has released proposed cybersecurity regulations for hospitals. The regulations, which were published in The State Register on Dec. 6 and will undergo a 60-day public comment period ending on Feb. 5, are designed to...more
Due diligence properly performed in connection with the purchase and sale of a health care entity is simply different—vastly so—than due diligence performed in other contexts. Failure to recognize this reality can lead to...more
Companies in all industries and of all sizes are evaluating sophisticated and useful technology for their websites and applica- tions (their “apps”) in an effort to enhance and develop their image or brand and to support...more
In an age where digital connectivity is rapidly advancing, cybersecurity has become an inescapable concern for organizations across industries. With cyber threats ranging from data breaches to ransomware attacks, it is...more
The Department of Health and Human Services (HHS) announced on April 2 that HHS is exercising its enforcement discretion to permit business associates to use and disclose protected health information (PHI) for public health...more
While hospitals remain focused on restoring health to their patients, they must not let their defenses down when it comes to robust cybersecurity practice that safeguards their patients' information....more
Clearwater Compliance’s newest CyberIntelligence Insight Bulletin concludes that the top three cybersecurity risks for the healthcare industry, which accounts for 36.8% of reported critical risk incidents include...more
A celebrity collapses on stage and is rushed to the hospital. Rumors race through social media faster than the ambulance can navigate city streets. Was it exhaustion? Was it her heart? Was there a gunshot? ...more
“Orangeworm” Targeting Health Care Industry - In what is being called a systematic targeting of large health care organizations, pharmaceutical companies, and IT companies and equipment manufacturers that service the...more
In the first settlement for HIPAA violations in 2018, Fresenius Medical Care North America (Fresenius) has agreed to pay $3.5 million to the Office for Civil Rights (OCR) to settle allegations against it relating to five data...more
There is no such thing as compliance with the NIST Cybersecurity Framework (FTC). In September, the FTC dispelled a commonly held misconception regarding the NIST Framework: It “is not, and isn’t intended to be, a standard or...more
In a recent newsletter, the Office for Civil Rights (OCR) encourages health care organizations to review their procedures around authentication and “ensure that they have the appropriate safeguards in place.”...more
Are medical devices, subject to pre- and post-market regulatory controls, under increasing cybersecurity scrutiny? The FDA recently published recommendations for consideration of cybersecurity management in a product’s design...more
A HIPAA violation involving a health plan’s failure to erase protected health information from photocopier hard drives has resulted in a $1.2 million settlement. Your risk can be significantly reduced if you adopt and...more