Aleksandra Vold

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Privacy-Forward California AG Xavier Becerra Confirmed as Next HHS Secretary

On March 19, 2021, Xavier Becerra was confirmed as the secretary of the U.S. Department of Health and Human Services (HHS). HHS is the federal regulatory body that oversees the Office for Civil Rights (OCR), which is the primary federal enforcer of the Health Insurance Portability and Accountability Act (HIPAA). The secretary oversees 11 operating … Continue Reading

CISA Updates Advisory on Large-Scale Impending and Credible Ransomware Threat to Healthcare to Include Additional IOCs

On Oct. 28, a joint cybersecurity advisory was published by the Cybersecurity and Infrastructure Security Agency (CISA), the FBI and the Department of Health & Human Services. The advisory warned of an imminent cybercrime threat to U.S. hospitals and healthcare providers – specifically that a large-scale ransomware attack may be on the very near horizon. BakerHostetler’s coverage … Continue Reading

The Destruction of Privilege and Work Product Protection for Data Breach Investigations?

Attorneys play an important role in the incident response process. A skilled and experienced attorney can help organizations effectively respond to a security incident in a way that complies with obligations, protects key relationships, and prevents or mitigates financial consequences. Unfortunately, some have sold the value of involving an attorney in the incident response process … Continue Reading

Federal Court Invalidates 2013 HIPAA Omnibus Rule Regulations and HHS Guidance on Fees for Copies of Medical Records

In what is being seen as a strong rebuke to years of regulatory overreach, the United States District Court for the District of Columbia entered an order on January 23, 2020 that invalidates provisions of the 2013 Omnibus Rule to the Health Insurance Portability and Accountability Act (“HIPAA”) and 2016 guidance issued by United States … Continue Reading

‘Apparent Inconsistency’ in HITECH Language Leads HHS OCR to Significantly Decrease Yearly Fines

On April 26, 2019, the U.S. Department of Health & Human Services (HHS) issued an announcement that the annual penalty cap for three of the four tiers of HIPAA violations would be reduced significantly to match what HHS called a “better reading” of inconsistent language found in the Health Information Technology for Economic and Clinical … Continue Reading

Best Cybersecurity Practices for Healthcare Organizations – Insider-Caused Data Loss

This article is part of a series of blog posts exploring the recommendations and guidance Health & Human Services (HHS) provides to healthcare organizations in its Cybersecurity Best Practices report. For previous articles in the series, click here. While any security incident may cause an entity heartburn, when the incident is traced back to an … Continue Reading

Best Cybersecurity Practices for Healthcare Organizations – Loss or Theft of Devices

This article is part of a series of blog posts exploring the recommendations and guidance Health & Human Services (HHS) provides to healthcare organizations in its Cybersecurity Best Practices report. For previous articles in the series, click here. The report on cybersecurity best practices (Report) weighs in on one of the issues many entities find … Continue Reading

Best Cybersecurity Practices for Healthcare Organizations – Ransomware Prevention

This article is part of a series of blog posts exploring the recommendations and guidance Health & Human Services (HHS) provides to healthcare organizations in its “Cybersecurity Best Practices” report. For previous articles in the series, click here. The report on cybersecurity best practices (Report) is not the first time HHS has discussed the prevalent … Continue Reading

Best Cybersecurity Practices for Healthcare Organizations – Phishing Prevention

This article is part of a series of blog posts exploring the recommendations and guidance Health and Human Services (HHS) provides healthcare organizations in its Cybersecurity Best Practices report. For previous articles in the series, click here. In its report on cybersecurity best practices, HHS highlights email phishing attacks as one of the top threats … Continue Reading

HHS Issues Cybersecurity Guidance for Healthcare Organizations

BakerHostetler will post a series of blogs to fully explore the recommendations and guidance Health and Human Services provides healthcare organizations in its report. Cyberattacks continue to rise across industries, and healthcare is no different. Eighty percent of U.S. physicians reported having experienced some form of cyberattack. In 2017, cyberattacks cost small and midsize businesses … Continue Reading
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