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HIPAA, HITECH & HIT Legal Issues, Developments and Other Pertinent Information Relating To The Creation, Use and Exchange of Electronic Health Records

Tag Archives: breach notification rule

HHS Enforces Against County Government in Washington State

Posted in HIPAA Enforcement, Security Breach Notification

Last week’s Resolution Agreement between the US Department of Health and Human Services, Office for Civil Rights (“HHS”) and a small county in Washington State marks the first time HHS has settled an action against a county government for noncompliance with the Privacy and Security Rules under HIPAA (the “HIPAA Rules”). The Resolution Order with… Continue Reading

Back to the SAIC Breach and a Look Across the Chasm Between Significant Risk and Actual Harm Resulting from a HIPAA Breach

Posted in Security Breach Notification

SAIC’s recent Motion to Dismiss the Consolidated Amended Complaint filed in federal court in Florida as a putative class action highlights the gaps between an incident (like a theft) involving PHI, a determination that a breach of PHI has occurred, and the realization of harm resulting from the breach.

A Peek Behind the OCR Wall of Shame

Posted in HIPAA Enforcement

  Ever wonder about those HIPAA breaches that affect less than 500 individuals and don’t get posted on the government website known as the “Wall of Shame”? In a recent presentation to the Hospital Council of Western Pennsylvania, officials from the Office of Civil Rights (OCR) of the Department of Health and Human Services (HHS) provided… Continue Reading

Congressional Inquiry or Autopsy for SAIC Breach Disaster? – Part 5

Posted in Security Breach Notification

Five members of Congress are co-signers of a bipartisan letter dated December 2, 2011, addressed to the Director of the TRICARE Management Authority to express the Congress members’ “deep concerns about a major breach of personally identifiable and protected health information by TRICARE contractor Science Applications International Corporation (SAIC).”

Did Tricare/DoD Make a “Proactive Response” or a Preemptive Strike with SAIC in the PHI Breach Matter? Whose Risk is it Anyway? – Part 4

Posted in Security Breach Notification

Given earlier assurances to the “approximately 4.9 million patients treated at military hospitals and clinics during the past 20 years” that the risk of harm was low from the SAIC PHI breach and there was no conclusive evidence that patients were at risk of identity theft, one can speculate as to whether Tricare/DoD’s abrupt about-face as to offering credit monitoring and restoration services relates to new evidence, a revised judgment as to the risk of harm to affected patients and/or simply an abundance of caution as to its own exposure to risk.

SAIC and Its Military Millions March – Flooding the Parade with Possible PHI Breaches – Part 3

Posted in Security Breach Notification

When is the mere “ability” to read protected health information (“PHI”), without evidence that the PHI was actually read or was likely to have been read, enough to trigger the notice requirement under the Breach Notification Rule? Recent PHI security breaches, including that being confronted by the Department of Defense and SAIC, Inc. will provide some information and guidance.

SAIC and Its Military Millions March – Flooding the Parade with Possible PHI Breaches – Part 2

Posted in Security Breach Notification

Excerpt:

When is the mere “ability” to read protected health information (“PHI”), without evidence that the PHI was actually read or was likely to have been read, enough to trigger the notice requirement under the Breach Notification Rule? Recent PHI security breaches, including that being confronted by the Department of Defense and SAIC, Inc. will provide some information and guidance.

SAIC and Its Military Millions March – Flooding the Parade with Possible PHI Breaches (With Some Words on the Nemours PHI Breach) – Part 1

Posted in Security Breach Notification

When is the mere “ability” to read protected health information (“PHI”), without evidence that the PHI was actually read or was likely to have been read, enough to trigger the notice requirement under the Breach Notification Rule? Recent PHI security breaches, including that being confronted by the Department of Defense and SAIC, Inc. will provide some information and guidance.