Security Breach Notification

Where did the time go?  Today’s the day – September 23, 2013.  This is compliance day for most of the Omnibus Rule changes.  I had a feeling this deadline would catch up with me faster than I would be able to blog my 10 tips, so I’m going to count “TIP TWO” as tips TWO

This blog series has been following breaches of Protected Health Information (“PHI”) that have been reported on the U.S. Department of Health and Human Services (“HHS”) ever-lengthening parade list (the “HHS List”) of breaches of unsecured PHI affecting 500 or more individuals (the “List Breaches”).  As reported in a previous blog post in this series,

This blog series has been following breaches of Protected Health Information (“PHI”) that have been reported on the U.S. Department of Health and Human Services (“HHS”) ever-lengthening parade list (the “HHS List”) of breaches of unsecured PHI affecting 500 or more individuals (the “List Breaches”). Previous blog posts in this series discussed here and  here

If you are a federally-facilitated health insurance exchange (FFE), a “non-Exchange entity”, or a State Exchange, the answer is “Quick, report!”  Those involved with the new health insurance exchanges (or “Marketplaces”?  The name, like the rules, seems to be a moving and elusive target) should make note that privacy and security incidents and

Elizabeth Litten and Michael Kline write:

For the second time in less than 2 ½ years, the Indiana Family and Social Services Administration (the “FSSA”) has suffered a large breach of protected health information (“PHI”) as the result of actions of a business associate (“BA”).  If I’m a resident of Indiana and a client

In January 2011 this blog series discussed here and here that the University of Rochester Medical Center (“URMC” or the “Medical Center”) became a marcher twice in 2010 in the parade of large Protected Health Information (“PHI”) security breaches.  The U.S. Department of Health and Human Services (“HHS”) publishes a list (the “HHS List”), which

Under HIPAA, where do we draw the line between a run-of-the-mill, ordinary garden variety “security incident” and a “presumed breach” when it comes to reporting PHI events? How do we describe these types of reporting obligations in business associate agreements?
Continue Reading Do I really need to report (or get a report on) every “Security Incident” under the sun to comply with HIPAA?

On February 7, 2013, our partner Keith McMurdy, Esq., posted an excellent entry on the Employee Benefits Blog of Fox Rothschild LLP that merits republishing for our readers as well. The post outlined some direct effects of the new HIPAA Omnibus Rule on employers and their health plans.
Continue Reading The New and Improved HIPAA/HITECH Rules: What Employers Need to Know

While the summaries of closed investigations posted on the U.S. Department of Health and Human Services list of breaches of unsecured PHI affecting 500 or more individuals continue to provide highly useful information for covered entities, business associates and subcontractors relative to confronting PHI breaches, large and small, they must be analyzed with appropriate care and attention paid to changes brought about by the recently-published Omnibus Rule.
Continue Reading Collateral Effects of the Omnibus Rule: Exercise Caution in Using Past OCR Summaries on Large PHI Breaches as a Roadmap for Future Guidance

As of January 1, 2013, there were 525 postings on the U.S. Department of Health and Human Services list of breaches of unsecured PHI affecting 500 or more individuals. “Theft” constituted the majority of PHI breach types reported.
Continue Reading The Parade of Major Reported PHI Breaches Creeps Ahead to 525 – Theft Continues to Dominate the Numbers