Monitoring Legal Developments Relating to the Privacy and Security of Health Information
It’s that time again for year-in-review articles. On December 16, 2019, Modern Healthcare has published an infographic that compares HIPAA breaches which occurred in 2019 to aggregate breach statistics from 2010-2018. The 2019 data was analyzed through the end of November. A few interesting trends appear. Let’s go to the numbers:
Breaches by Location:
In…
Filefax, Inc., a defunct Illinois medical records storage and management company, has been fined $100,000 for improperly handling medical data under an agreement with the court-appointed receiver managing the company’s assets on behalf of its creditors. This settlement has implications for both service providers and their covered entity clients. Fox Rothschild partners Elizabeth Litten and…
The recent criminal conviction of a Massachusetts physician provides a stark reminder that violating HIPAA can result in more than civil monetary penalties and the financial and reputational fall-out that results from a breach. In this case, perhaps the cover-up was worse than the crime, or maybe prosecutors decided that a conviction on other charges…
Post Contributed by Matthew J. Redding.
On April 26, 2017, Memorial Hermann Health System (“MHHS”) agreed to pay the U.S. Department of Health and Human Services (“HHS”) $2.4 million to settle potential violations of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) Privacy Rule.
The underlying incident occurred in September of 2015,…
Our partner Elizabeth Litten and I were quoted by our good friend Marla Durben Hirsch in her article in Medical Practice Compliance Alert entitled “6 Compliance Trends Likely to Affect Your Practices in 2016.” Full text can be found in the January 13, 2016, issue, but a synopsis is below.
For her article, Marla asked…
Our partner Elizabeth Litten and I were once again quoted by our good friend Marla Durben Hirsch in her recent articles in Medical Practice Compliance Alert entitled “Misapplication of Internet Application Triggers $218,400 Settlement” and “Protect Patient Data on the Internet with These 6 Steps.” The three of us together were able to come up…
As she had done in 2014, Marla Durben Hirsch interviewed my partner Elizabeth Litten and me for her annual Medical Practice Compliance Alert article on compliance trends for the New Year. While the article, which was entitled “6 Compliance Trends That Will Affect Physician Practices in 2015,” was published in the January 5, 2015 …
The threats to health privacy in the face of the Ebola scare has not escaped the notice of the Office of Civil Rights (OCR). As we reported last month, a great deal of information regarding the identity and condition of individuals who may have been exposed to or treated for Ebola has appeared in news…
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…
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…
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