The California Consumer Privacy Act (CCPA) will take effect on January 1, 2020 and regulates most entities that collect personal information of California residents. CCPA was patterned after the European Union’s General Data Protection Regulation (GDPR) which went online on May 28, 2018 and has been called “GDPR-Lite.” In May, Fox Rothschild partner Odia Kagan
Privacy & Security
Beware: HIPAA Applies to the Health Plans You Never Knew You Had (Part 1: Employee Assistance Programs)
By Jessica Forbes Olson on
Posted in HIPAA Business Associates, Privacy & Security
You may be surprised to learn that those “extra” benefits your company offers to its employees such as your employee assistance program (“EAP”) and wellness program likely are subject to the HIPAA privacy, security and breach notification rules (collectively, “HIPAA Rules”). Part 1 covers why most EAPs are subject to the HIPAA Rules. Part 2…
Eight Tips to Confront the New Initiative by HHS on PHI Security
By Michael Kline on
Posted in HIPAA Enforcement, Privacy & Security
In a recent Guidance, the Office of Civil Rights of the U.S. Department of Health and Human Services (“OCR”) appears to have attempted to reverse an impression that its emphasis is more on privacy of protected health information (“PHI”) than on security of PHI. Its July 2016 article draws attention to the need by…
Is Your Facility a PokéStop? (A what?)
By William Maruca on
Posted in Articles, Privacy & Security
Are strangers wandering around your health care facility with their noses buried in their smartphones? And if so, what should you do about it? They’re playing Pokémon GO, a location-based augmented reality mobile game that was released for iOS and Android devices on July 6, 2016. Its popularity exceeded all expectations (my kids are…
Emailing PHI? NIST Seeks Comments on Trustworthy Email by November 30, 2015
By Elizabeth Litten on
When and how should you email PHI, if at all? The Office for Civil Rights (OCR) offers guidance as to the permissibility of sending PHI via email in this “Frequently Asked Question” answer, but doesn’t provide specifics as to how PHI can be safely emailed. Whether you are a covered entity or a business…
Even the Federal Government Can’t Hide: How a High-End Cyberattack Breached One of the Most “Protected” Systems
By Elizabeth Litten on
Posted in Privacy & Security
Guest Blogger: Violetta Abinaked, Summer Associate (originally posted by Mark McCreary’s on Privacy Compliance & Data Security)
With data breaches being the quickly trending “flavor of the month” criminal activity, it’s no shock that on June 4, 2015 yet another system was hit. This time though, it may be one of the largest…
The New and Improved HIPAA/HITECH Rules: What Employers Need to Know
By Michael Kline on
Posted in Privacy & Security, Security Breach Notification
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.…
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HIPAA “Mega Rule”, Meet “Super BAA”: The CMS Data Use Agreement
By Elizabeth Litten on
Posted in Privacy & Security
While the undertakings of a Medicare ACO and the terminology in the Data Use Agreement for protection of patient data may differ from those of covered entities, business associates and subcontractors and their BAAs under the HIPAA/HITECH regulations, they have many striking similarities and purposes.…
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Countdown to 2013 and the HITECH “Mega Rule”: Ten New Year’s Resolutions to Protect Health Information
By Elizabeth Litten on
Posted in Privacy & Security
Here are ten HIPAA resolutions worth making for 2013 for anyone who has contact with protected health information in their job, even without the benefit of the long-awaited Mega Rule.…
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PHI Breach Involving Health Plan Leads to Lawsuit by Identity Theft Victims Who Were Plan Members
By Elizabeth Litten on
Posted in Lawsuits, Privacy & Security
The principle that individuals whose protected health information is stolen, lost, or otherwise inappropriately used, accessed, or left unsecured have no private right of action against the person or entity responsible for the breach under the HIPAA/HITECH laws may change for victims of identity theft who can show the theft was caused by a HIPAA breach, at least if the action is brought in the 11th Circuit.…
Continue Reading PHI Breach Involving Health Plan Leads to Lawsuit by Identity Theft Victims Who Were Plan Members