DataBreaches.Net

Menu
  • About
  • Breach Notification Laws
  • Privacy Policy
  • Transparency Report
Menu

Fresenius Medical Care North America settles HHS OCR complaint for $3.5m plus corrective action plan

Posted on February 1, 2018 by Dissent

Fresenius Medical Care North America (FMCNA) has agreed to pay $3.5 million to the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR), and to adopt a comprehensive corrective action plan, in order to settle potential violations of the Health Insurance Portability and Accountability Act (HIPAA) Privacy and Security Rules. FMCNA is a provider of products and services for people with chronic kidney failure with over 60,000 employees that serves over 170,000 patients. FMCNA’s network is comprised of dialysis facilities, outpatient cardiac and vascular labs, and urgent care centers, as well as hospitalist and post-acute providers.

On January 21, 2013, FMCNA filed five separate breach reports for separate incidents occurring between February 23, 2012 and July 18, 2012 implicating the electronic protected health information (ePHI) of five separate FMCNA owned covered entities (FMCNA covered entities).

The five locations of the breaches were Bio-Medical Applications of Florida, Inc. d/b/a Fresenius Medical Care Duval Facility in Jacksonville, Florida (FMC Duval Facility); Bio-Medical Applications of Alabama, Inc. d/b/a Fresenius Medical Care Magnolia Grove in Semmes, Alabama (FMC Magnolia Grove Facility); Renal Dimensions, LLC d/b/a Fresenius Medical Care Ak-Chin in Maricopa, Arizona (FMC Ak-Chin Facility); Fresenius Vascular Care Augusta, LLC (FVC Augusta); and WSKC Dialysis Services, Inc. d/b/a Fresenius Medical Care Blue Island Dialysis (FMC Blue Island Facility).

OCR’s investigation revealed FMCNA covered entities failed to conduct an accurate and thorough risk analysis of potential risks and vulnerabilities to the confidentiality, integrity, and availability of all of its ePHI.

The FMCNA covered entities impermissibly disclosed the ePHI of patients by providing unauthorized access for a purpose not permitted by the Privacy Rule.

FMC Ak-Chin failed to implement policies and procedures to address security incidents.

FMC Magnolia Grove failed to implement policies and procedures that govern the receipt and removal of hardware and electronic media that contain ePHI into and out of a facility; and the movement of these items within the facility.

FMC Duval and FMC Blue Island failed to implement policies and procedures to safeguard their facilities and equipment therein from unauthorized access, tampering, and theft, when it was reasonable and appropriate to do so under the circumstances.

FMC Magnolia Grove and FVC Augusta failed to implement a mechanism to encrypt and decrypt ePHI, when it was reasonable and appropriate to do so under the circumstances.

“The number of breaches, involving a variety of locations and vulnerabilities, highlights why there is no substitute for an enterprise-wide risk analysis for a covered entity,” said OCR Director Roger Severino. “Covered entities must take a thorough look at their internal policies and procedures to ensure they are protecting their patients’ health information in accordance with the law.”

In addition to a $3.5 million monetary settlement, a corrective action plan requires the FMCNA covered entities to complete a risk analysis and risk management plan, revise policies and procedures on device and media controls as well as facility access controls, develop an encryption report, and educate its workforce on policies and procedures.

The resolution agreement and corrective action plan may be found on the OCR website at   http://www.hhs.gov/hipaa/for-professionals/compliance-enforcement/agreements/FMCNA/index.html.

Source: HHS OCR

Category: Breach IncidentsHealth DataOf NoteU.S.

Post navigation

← Hackers breached BeeToken’s email list and stole $1M worth of Ethereum
Records of pain device patients on stolen Nevro laptops →

Now more than ever

"Stand with Ukraine:" above raised hands. The illustration is in blue and yellow, the colors of Ukraine's flag.

Search

Browse by Categories

Recent Posts

  • Almost one year later, U.S. Dermatology Partners is still not being very transparent about their 2024 breach
  • Oklahoma Expands its Security Breach Notification Law
  • Ransomware group Gunra claims to have exfiltrated 450 million patient records from American Hospital Dubai.
  • North Shore University Sleep Disorders Center employee charged with secretly recording patients in restrooms
  • When ransomware listings create confusion as to who the victim was
  • Rajkot civic body’s GIS website hit by cyber attack, over 400 GB data feared stolen
  • Taiwan’s BitoPro hit by NT$345 million cryptocurrency hack
  • Texas gastroenterology and surgical practice victim of ransomware attack
  • Romanian Citizen Pleads Guilty to ‘Swatting’ Numerous Members of Congress, Churches, and Former U.S. President
  • North Dakota Enacts Financial Data Security and Data Breach Notification Requirements

No, You Can’t Buy a Post or an Interview

This site does not accept sponsored posts or link-back arrangements. Inquiries about either are ignored.

And despite what some trolls may try to claim: DataBreaches has never accepted even one dime to interview or report on anyone. Nor will DataBreaches ever pay anyone for data or to interview them.

Want to Get Our RSS Feed?

Grab it here:

https://databreaches.net/feed/

RSS Recent Posts on PogoWasRight.org

  • Florida ban on kids using social media likely unconstitutional, judge rules
  • State Data Minimization Laws Spark Compliance Uncertainty
  • Supreme Court Agrees to Clarify Emergency Situations Where Police Don’t Need Warrant
  • Stewart Baker vs. Orin Kerr on “The Digital Fourth Amendment”
  • Fears Grow Over ICE’s Reach Into Schools
  • Resource: HoganLovells Asia-Pacific Data, Privacy and Cybersecurity Guide 2025
  • She Got an Abortion. So A Texas Cop Used 83,000 Cameras to Track Her Down.

Have a News Tip?

Email: Tips[at]DataBreaches.net

Signal: +1 516-776-7756

Contact Me

Email: info[at]databreaches.net

Mastodon: Infosec.Exchange/@PogoWasRight

Signal: +1 516-776-7756

DMCA Concern: dmca[at]databreaches.net
© 2009 – 2025 DataBreaches.net and DataBreaches LLC. All rights reserved.