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.

Related posts:

  • HIPAA Security Rule Facility Access Controls – What are they and how do you implement them?
  • HHS Office for Civil Rights Imposes a $240,000 Civil Monetary Penalty Against Providence Medical Institute in HIPAA Ransomware Cybersecurity Investigation
  • HHS Office for Civil Rights Settles HIPAA Ransomware Cybersecurity Investigation for $90,000
  • HHS’ Office for Civil Rights Settles Malicious Insider Cybersecurity Investigation for $4.75 Million
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

  • Hunters International to provide free decryptors for all victims as they shut down (1)
  • SEC and SolarWinds Seek Settlement in Securities Fraud Case
  • Cyberattacks Disrupt Iran’s Bread Distribution, Payments Remain Frozen
  • Hacker with ‘political agenda’ stole data from Columbia, university says
  • Keymous+ Hacker Group Claims Responsibility for Over 700 Global DDoS Attacks
  • Data breach reveals Catwatchful ‘stalkerware’ is spying on thousands of phones
  • DOJ investigates ex-ransomware negotiator over extortion kickbacks
  • Hackers Using PDFs to Impersonate Microsoft, DocuSign, and More in Callback Phishing Campaigns
  • One in Five Law Firms Hit by Cyberattacks Over Past 12 Months
  • U.S. Sanctions Russian Bulletproof Hosting Provider for Supporting Cybercriminals Behind Ransomware

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

  • Record-Breaking $1.55M CCPA Settlement Against Health Information Website Publisher
  • Ninth Circuit Reviews Website Tracking Class Actions and the Reach of California’s Privacy Law
  • US healthcare offshoring: Navigating patient data privacy laws and regulations
  • Data breach reveals Catwatchful ‘stalkerware’ is spying on thousands of phones
  • Google Trackers: What You Can Actually Escape And What You Can’t
  • Oregon Amends Its Comprehensive Privacy Statute
  • Wisconsin Supreme Court’s Liberal Majority Strikes Down 176-Year-Old Abortion Ban

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.