HHS ISSUES FINAL BREACH NOTIFICATION RULES – The end of “no harm, no foul”?

Last week the Department of Health and Human Services (HHS) issued its long-awaited “Final Rule”[.pdf] meant to strengthen various HIPAA/HITECH privacy and security rules related to individuals’ health information.  The 563 pages of federal regulations contain numerous rule modifications.  Notably with respect to the scope of this Blog, there are significant changes to the Breach Notification Rule for protected health information (PHI). When originally issued as an “interim final rule” in … Continue reading

OFFICE OF CIVIL RIGHTS RINGS IN NEW YEAR WITH SIGNIFICANT HIPAA DATA BREACH SETTLEMENT

The HHS’ Office of Civil Rights (OCR) announced today that The Hospice of North Idaho has agreed to pay a $50,000 settlement for violations of the HIPAA Security Rule.  OCR made a point of announcing that the settlement is the first one that involves a breach of unprotected PHI affecting fewer than 500 individuals.   In … Continue reading

A MASSACHUSETTS HEALTH CARE PROVIDER AGREED TO PAY $1.5 MILLION TO SETTLE A HIPAA PRIVACY VIOLATION

            HHS’ Office of Civil Rights announced this week that a Mass. health care provider will pay a $1.5 million settlement to resolve a HIPAA privacy violation.   http://www.hhs.gov/ocr/privacy/hipaa/enforcement/examples/meei-agreement.html.  The monetary settlement is part of a resolution agreement and the result of the alleged 2010 theft of a laptop computer that held 3,621 patient records.  The … Continue reading

STOLEN LAPTOP LEADS TO HEALTHCARE DATA BREACH INVOLVING 55,000 INDIVIDUALS IN INDIANA

        Cancer Care Group (CCG), an Indiana oncology practice, has announced a data breach that affected approximately 55,000 individuals, including patients and employees.  CCG has approximately 21 locations within Indiana.  CCG reported that a laptop computer bag was stolen from an employee’s locked vehicle on July 19th.  The data allegedly stored on the laptop computer … Continue reading

NEW CONNECTICUT DATA BREACH IS A PERFECT EXAMPLE OF DATA SECURITY FAILURES

The Connecticut Attorney General just announced that personal health information and protected health information for over 9,000 Hartford Hospital patients was lost in June.   http://www.ct.gov/ag/cwp/view.asp?Q=508726&A=2341.  A laptop carried by an  EMC subsidiary employee was reportedly stolen. The State AG announced that the unencrypted information on the laptop contained names, addresses, dates of birth, social security … Continue reading

New HIPAA and HITECH Rules…. Delayed Again

Despite repeated promises, the new HIPAA and HITECH rules are still not out.  While the Department of Health provided the Rules to the White House Office of Managment and Budget on March 24, 2012, OMB has asked for additional time to review the omnibus rules. Normally, OMB review is completed in 90 days.  With this new delay, final rules seem … Continue reading

HIPAA Audits: Coming to Provider Near You?

In November, 2011, the Office of Civil Rights began conducting Audits of Covered Entities for compliance with the HIPAA privacy and security rules.  These audits followed after Congress took the OCR to task for not effectively enforcing HIPAA.  Readers of this Blog may also recall a study performed by OIG which found significant lapses in … Continue reading

HHS Hits Insurer for $1.5 Million

On March 13, 2012 the U.S. Department of Health and Human Services announced that it settled its first enforcement action resulting from a reported HITECH breach.  In the settlement, Blue Cross/Blue Shield of Tennessee agreed to pay One Million Five Hundred Thousand Dollar ($1,500,000.00) to resolve potential violations of the HIPAA Privacy and Security Rules.  Additionally, … Continue reading

Getting Ready for Private Enforcement: Is a New Form of Quasi-Qui Tam Brewing?

We all know that neither HIPAA nor HITECH create a private right of action against a Covered Entity or a Business Associate. At most, a HIPAA violation may be deemed evidence of a breach in the standard of care. Thus far, HIPAA enforcement is in the hands of the Office of Civil Rights which may … Continue reading

Health Care Data Breaches Significantly Increased in 2011

The Ponemon Institute just released their second annual benchmark study on patient privacy and data security.  Not surprisingly, the study demonstrates that data breaches  significantly increased in 2011. A number of key points can be found in the study’s findings.              One of the more interesting findings was the increased use of unsecured mobile … Continue reading