Our experienced team views data breach response as a joint effort in partnership with the client where the client’s philosophy, brand and customer base are considered integral in reconciling compliance with the numerous, and often competing, laws and regulations. [...]
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
Is There a Hidden Private Cause of Action For HIPAA Violations?
We all know that HIPAA/HITECH provides for civil and, potentially, criminal penalties if protected health information is disclosed in violation of the privacy rule. However, Congress did not provide for a private cause of action under HIPAA. Of course, that has not stopped plaintiffs’ lawyers from attempting to find a way to bring a claim … Continue reading
OCR Releases Guidance on HITECH Disclosure Accounting
OCR released, on May 31, 2011, the long awaited notice of proposed rulemaking (NPR) regarding the accounting for disclosures of protected health information (PHI) by covered entities and business associates. These proposed regulations seek to implement the HITECH requirement that covered entities and business associates track disclosures for payment, treatment and healthcare operations. If adopted, the … Continue reading
What Do Data Breach Statistics Mean for the Real World?
It seems like with every newly announced breach, we see more statistics about data breaches—how much they cost, how large they are, who caused them, etc., etc., etc. Fortunately, the magnitude of breaches we saw in PlayStation, Heartland, and TJMaxx don’t happen every day. So, what do the statistics mean for the companies who experience … Continue reading