Tag Archives: HIPAA

Why Everyone Is Talking About a Rarely Invoked Rule – the FTC’s Health Breach Notification Rule

Photo of Daniel KaufmanBy Daniel Kaufman on Posted in Advertising, Enforcement, FTC, HHS, HIPAA/HITECH, Privacy
Back in September, the Federal Trade Commission (FTC) issued (by a 3-2 vote) a policy statement (the Statement) regarding the oft-forgotten Health Breach Notification Rule (the Rule). I was at the FTC when the Statement was released and have since joined BakerHostetler. Around the time I joined BakerHostetler, my new colleague Melissa Hewitt published an … Continue Reading

New Director of HHS Office for Civil Rights Announced: What could Lisa J. Pino’s appointment mean for future HIPAA enforcement?

Photo of Sara GoldsteinBy Sara Goldstein on Posted in Cybersecurity, Enforcement, Healthcare, HHS, HIPAA/HITECH
More than eight months into the Biden administration, the U.S. Department of Health & Human Services (HHS) announced the appointment of Lisa J. Pino as the new director of the Office for Civil Rights (OCR) on Sept. 27, 2021. As the new director of the OCR, Pino will be responsible for enforcing the Health Insurance … Continue Reading

Effective Oct. 1, 2021: Connecticut Expands Data Breach Notification Statute

Photo of Benjamin WangerPhoto of Elana WeinblattBy Benjamin Wanger and Elana Weinblatt on Posted in Breach Notification, Data Breach Notification Laws, Data Breaches, Data Privacy, HIPAA/HITECH
On June 16, 2021, the Connecticut General Assembly adopted an expanded version of Connecticut’s data breach notification statute (2021 CT H.B. 5310 (NS)). Through this expansion, Connecticut’s data breach notification statute will be updated, effective Oct. 1, 2021, to (1) broaden the definition of “personal information,” (2) shorten the amount of time within which businesses … Continue Reading

FTC Issues Statement Warning Health Apps to Notify Consumers About Data Breaches

Photo of Melissa HewittBy Melissa Hewitt on Posted in Data Breaches, Enforcement, FTC, HIPAA/HITECH
The U.S. Federal Trade Commission (FTC) issued a policy statement on Sept. 15, 2021, warning that the decade-old Health Breach Notification Rule (the rule) – which applies to companies that handle personal health records or collect health data –  to notify consumers, the FTC and, in some cases, the media about data breaches. “In practical … Continue Reading

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

Photo of Aleksandra VoldPhoto of Alexandra RoyalBy Aleksandra Vold and Alexandra Royal on Posted in HHS
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

Court Finds HHS Had No Lawful Basis Under HIPAA for a $4.3 Million Civil Money Penalty: What Does This Mean for Future HHS Enforcement Actions?

Photo of Sara GoldsteinPhoto of Jessica Captain NovickPhoto of Lynn SessionsBy Sara Goldstein, Jessica Captain Novick and Lynn Sessions on Posted in HHS, HIPAA/HITECH
The United States Court of Appeals for the Fifth Circuit recently found that the United States Department of Health and Human Services (HHS) lacked a lawful basis for a $4.3 million civil money penalty order that it issued to a healthcare provider for alleged violations of the Health Insurance Portability and Accountability Act of 1996 … Continue Reading

Compliance and Cybersecurity Best Practices Rewarded with HIPAA Safe Harbor

Photo of Vimala DevassyPhoto of Sara GoldsteinPhoto of Kyle GregoryBy Vimala Devassy, Sara Goldstein and Kyle Gregory on Posted in Healthcare, HIPAA/HITECH
On January 5, 2021, H.R. 7898 was signed into law with little fanfare, thereby amending the Health Information Technology for Economic and Clinical Health Act.[1] As the healthcare industry continues to serve as one of the top targets for cybersecurity threat actors, the amendment creates a “HIPAA safe harbor” that should hopefully provide some much-needed relief to those … Continue Reading

DSIR Deeper Dive: Regulatory Investigation Landscape

Photo of Lynn SessionsPhoto of Patrick H. HaggertyPhoto of Kimberly GordyBy Lynn Sessions, Patrick H. Haggerty and Kimberly Gordy on Posted in Data Security Incident Response
HIPAA-covered entity and business associate breaches continue to draw attention from the Office for Civil Rights (OCR) and other regulators. In almost every HIPAA incident we handled in 2019 involving more than 500 individuals, OCR issued a data request. While OCR investigations can be burdensome, few of them result in penalties. State attorneys general have … Continue Reading

CARES Act Significantly Revises Part 2 Rules to Better Align with HIPAA

Photo of Kyle GregoryPhoto of Vimala DevassyBy Kyle Gregory and Vimala Devassy on Posted in Healthcare, HIPAA/HITECH
On March 27, 2020, President Trump signed the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) into law. While the focus of the CARES Act has been on direct financial aid to Americans, the Act also contains a number of material revisions to the Federal privacy provisions that govern the confidentiality of substance-use … Continue Reading

HHS Issues Two Important Bulletins Waiving HIPAA Sanctions During the COVID-19 National Emergency

Photo of Vimala DevassyBy Vimala Devassy on Posted in HHS
The HHS Office for Civil Rights (OCR) issued two important bulletins this week regarding the novel coronavirus disease (COVID-19) outbreak. On Mar. 16, OCR issued a limited waiver of HIPAA sanctions and penalties for noncompliance with certain provisions of the HIPAA Privacy Rule, including the requirement to obtain a patient’s agreement to speak with family … Continue Reading

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

Photo of Sara GoldsteinPhoto of Aleksandra VoldPhoto of Alexandra RoyalBy Sara Goldstein, Aleksandra Vold and Alexandra Royal on Posted in HHS, HIPAA/HITECH
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

Departments of Education and HHS Release Joint Guidance on the Relationship Between FERPA and HIPAA

Photo of Kathryn CareyPhoto of Benjamin WellsBy Kathryn Carey and Benjamin Wells on Posted in HIPAA/HITECH
At the end of 2019, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) and U.S. Department of Education Student Privacy Policy Office (ED) issued an update to their joint guidance on the relationship between the Family Educational Rights and Privacy Act (FERPA) and the Health Insurance Portability and Accountability … Continue Reading

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

Photo of Aleksandra VoldBy Aleksandra Vold on Posted in HIPAA/HITECH, Medical Privacy
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

Deter Workforce Snooping in Electronic Medical Records Through Education and Training

By Paulette Thomas on Posted in HIPAA/HITECH
On March 6, 2019, the U.S. Department of Justice (DOJ) announced that Linda Sue Kalina pled guilty to wrongfully disclosing the protected health information (PHI) of another individual in violation of the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Kalina was a patient information coordinator with the University of Pittsburgh Medical Center (UPMC) … Continue Reading

Trojan Malware Reclaims the Top Spot as the Greatest Cyber Threat to the Healthcare Sector

Photo of Alexandra RoyalBy Alexandra Royal on Posted in Cybersecurity, HIPAA/HITECH
Cybersecurity threats continued to plague the healthcare sector in 2018. Healthcare organizations notified twice as many individuals under HIPAA and other notification statutes in 2018 as compared with 2017. According to a new report from Malwarebytes Labs, 2019 State of Malware Report, trojan malware was the greatest threat to the healthcare sector in 2018.[1] Specifically, … Continue Reading

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

Photo of Aleksandra VoldPhoto of Kathryn CareyBy Aleksandra Vold and Kathryn Carey on Posted in HHS, HIPAA/HITECH, Medical Privacy
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

Clearly Defined HIPAA and FERPA Policies May Help Covered Entities in Defending a Claim for Unemployment Compensation

By Paulette Thomas on Posted in HIPAA/HITECH, Privacy Litigation
Recently, in Dantry v. Unemployment Compensation Board of Review, No. 1665 C.D. 2017 (Pa. Cmwlth. 2019), the Commonwealth Court of Pennsylvania reversed the order of the Unemployment Compensation Board of Review (Board) which  had affirmed the Unemployment Compensation Referee’s decision that Jami M. Dantry (Dantry) was ineligible for unemployment compensation benefits because Dantry’ s conduct … Continue Reading

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

Photo of Aleksandra VoldPhoto of Kathryn CareyBy Aleksandra Vold and Kathryn Carey on Posted in HHS, HIPAA/HITECH
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

Photo of Aleksandra VoldPhoto of Kathryn CareyBy Aleksandra Vold and Kathryn Carey on Posted in HHS, HIPAA/HITECH, Phishing, Ransomware
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

The Use of Smart Speakers in Healthcare

By Paulette Thomas on Posted in HIPAA/HITECH
Smart speakers are voice-activated, internet-connected devices with an integrated virtual assistant that can answer questions, follow instructions and control other smart devices. Nearly one in five U.S. adults has access to a smart speaker, and it has been estimated that in 2018, the number of smart speakers installed reached 100 million worldwide. Using voice recognition, … Continue Reading

Best Cybersecurity Practices for Healthcare Organizations – Phishing Prevention

Photo of Kathryn CareyPhoto of Aleksandra VoldBy Kathryn Carey and Aleksandra Vold on Posted in Cybersecurity, HHS, HIPAA/HITECH
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

Provisioning Workforce Access to Electronic Protected Health Information: It May Be ‘Common Sense,’ but Is It Easy to Implement?

By Paulette Thomas on Posted in HIPAA/HITECH
In December 2018, Pagosa Springs Medical Center settled potential Health Insurance Portability and Accountability Act (HIPAA) Privacy and Security Rule violations and entered into a corrective action plan with the Office for Civil Rights (OCR) at the U.S. Department of Health & Human Services. The incident involved a former employee who continued to have remote … Continue Reading

New FTC Provides Insights Into Its Plan for a Balanced Approach to Data Privacy and Security

Photo of Carolina AlonsoBy Alan L. Friel, John Busch and Carolina Alonso on Posted in Federal Legislation, GDPR, Online Privacy
This year brought unprecedented focus on consumer privacy – the rollout of the European Union General Data Protection Regulation (GDPR), the Cambridge Analytica controversy and Congressional hearings, a GDPR-light law coming out of California, more and bigger security incidents, and multiple proposals for an omnibus federal data protection law. The Federal Trade Commission (FTC or … Continue Reading
LexBlog