DataBreaches.Net

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

Consequences for HIPAA violations don’t stop when a business closes

Posted on February 13, 2018 by Dissent

There’s a new settlement announcement from HHS OCR that makes clear that even if an entity closes its doors, any HIPAA enforcement action continues:

A receiver appointed to liquidate the assets of Filefax, Inc. has agreed to pay $100,000 out of the receivership estate to the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) in order to settle potential violations of the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule. Filefax, located in Northbrook, Illinois, advertised that it provided for the storage, maintenance, and delivery of medical records for covered entities. Although Filefax shut its doors during the course of OCR’s investigation into alleged HIPAA violations, it could not escape its obligations under the law.

On February 10, 2015, OCR received an anonymous complaint alleging that an individual transported medical records obtained from Filefax to a shredding and recycling facility to sell on February 6 and 9, 2015. OCR opened an investigation, which confirmed that an individual had left medical records of approximately 2,150 patients at the shredding and recycling facility, and that these medical records contained patients’ protected health information (PHI).

OCR’s investigation indicated that between January 28, 2015, and February 14, 2015, Filefax impermissibly disclosed the PHI of 2,150 individuals by leaving the PHI in an unlocked truck in the Filefax parking lot, or by granting permission to an unauthorized person to remove the PHI from Filefax, and leaving the PHI unsecured outside the Filefax facility.

Filefax is no longer in business. In 2016, a court in unrelated litigation appointed a receiver to liquidate its assets for distribution to creditors and others.  In addition to a $100,000 monetary settlement, the receiver has agreed, on behalf of Filefax, to properly store and dispose of remaining medical records found at Filefax’s facility in compliance with HIPAA.

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/Filefax/index.html.

Category: Commentaries and AnalysesExposureHealth DataOf NotePaperU.S.

Post navigation

← In Congressional Testimony, EPIC to Call For Comprehensive Privacy Law, New Privacy Agency
Data breach at MassTaxConnect exposed businesses’ info →

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

  • Supplier to major UK supermarkets Aldi, Tesco & Sainsbury’s hit by cyber attack with ransom demand
  • UK: Post Office to compensate hundreds of data leak victims
  • How the Signal Knockoff App TeleMessage Got Hacked in 20 Minutes
  • Cocospy stalkerware apps go offline after data breach
  • Ex-NSA bad-guy hunter listened to Scattered Spider’s fake help-desk calls: ‘Those guys are good’
  • Former Sussex Police officer facing trial for rape charged with 18 further offences relating to computer misuse
  • Beach mansion, Benz and Bitcoin worth $4.5m seized from League of Legends hacker Shane Stephen Duffy
  • Fresno County fell victim to $1.6M phishing scam in 2020. One suspected has been arrested, another has been indicted.
  • Ransomware Attack on ADP Partner Exposes Broadcom Employee Data
  • Anne Arundel ransomware attack compromised confidential health data, county says

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

  • Police secretly monitored New Orleans with facial recognition cameras
  • Cocospy stalkerware apps go offline after data breach
  • Drugmaker Regeneron to acquire 23andMe out of bankruptcy
  • Massachusetts Senate Committee Approves Robust Comprehensive Privacy Law
  • Montana Becomes First State to Close the Law Enforcement Data Broker Loophole
  • Privacy enforcement under Andrew Ferguson’s FTC
  • “We would be less confidential than Google” – Proton threatens to quit Switzerland over new surveillance law

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.