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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: data breach

Paper Records HIPAA Violation Results in $800,000 Payment under HHS Resolution Agreement

Posted in HIPAA Enforcement, Privacy & Security

My partner Elizabeth Litten was quoted at length by Alexis Kateifides in his recent article in DataGuidance entitled “USA: ‘Unique’ HIPAA violation results in $800,000 settlement.”  While the full text can be found in the June 26, 2014 article in DataGuidance.com, the following considerations are based upon points discussed in the article.  (Elizabeth herself has… Continue Reading

Wild West Data Breach Sheriff Wins a Round Back East

Posted in HIPAA Enforcement

LabMD is not the only company that has tried to buck the FTC’s assertion of authority over data security breaches. Wyndham Worldwide Corp. has spent the past year contesting the FTC’s authority to pursue enforcement actions based upon companies’ alleged “unfair” or “unreasonable” data security practices.  On Monday, April 7, 2014, the United States District… 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.

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.