Richard L. Santalesa analyzes the recent settlement between Health Net and the Connecticut Attorney General’s Office.
It didn’t take long for an Attorney General to latch onto Title XII of the American Recovery and Reinvestment Act of 2009 (a/k/a the Health Information Technology for Economic and Clinical Health Act [the HITECH Act]) in order to convince a covered entity to enter a data loss-related settlement. Indeed, Heath Net of the North East, Inc. and its various related affiliates (collectively, “Health Net”) consented to a Stipulated Judgment (Civ. No. 3:2010CV-00057 (PCD)), available here, with the Connecticut Attorney General’s Office and the State of Connecticut (the “Judgment”), which stands as the first example of a state Attorney General independently enforcing HIPAA violations since the HITECH Act authorized state attorneys general to do so.
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