Nearly a year ago, as described in an earlier blog post, one of my favorite health industry journalists, Marla Durben Hirsh, published an article in Medical Practice Compliance Alert predicting physician practice compliance trends for 2014.  Marla quoted Michael Kline’s prescient prediction that HIPAA would increasingly be used as “best practice” in actions brought

On the twelfth day of breaches
my hacker sent to me:

Twelve Data Downloads

Eleven Plundered Patches

Ten Missed BA Contracts

Nine Malware Installs

Eight Mis-sent Faxes

Seven Stolen Laptops

Six Snooping Staffers

Five Old NPPs

Four Lost Thumbdrives

Three Re-sent Texts

Two Pop-up Links …

And a Bill for Compliance Auditing.

For a glimpse

LabMD, Inc. CEO Michael J. Daugherty continues to doggedly defend LabMD against an action brought by the Federal Trade Commission (FTC) against LabMD based on Section 5 of the FTC Act.  He now has an opportunity to prove himself the “good guy” following last week’s decision by Chief Administrative Law Judge D. Michael Chappell granting

Does your business associate agreement (BAA) reflect your business deal, or is it a bare bones HIPAA compliance document?

Now is the time to check. The HIPAA “Omnibus Rule” published in January of 2013 gave covered entities, business associates, and subcontractors until September 22, 2014 to make their business associate agreements (BAAs) compliant, so use

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

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

Imagine you have completed your HIPAA risk assessment and implemented a robust privacy and security plan designed to meet each criteria of the Omnibus Rule.  You think that, should you suffer a data breach involving protected health information as defined under HIPAA (PHI), you can show the Secretary of the Department of Health and Human

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

My partner Bill Maruca was quoted in Jeff Overley’s article “Historic HIPAA Fine Will Push Feds To Get Tougher” published in Law360 on Friday, February 20, 2014.   The article reports on the nearly $7 million fine imposed by the Puerto Rico Health Insurance Administration on a contractor, health plan Triple-S Salud Inc. (“Triple-S”).  Bill’s quote