Notifications of Enforcement Discretion expire at 11:59 pm on May 11, 2023 Today, the U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) announces that the Notifications of Enforcement Discretion issued under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Health Information Technology for Economic and Clinical Health…
Category: Federal
HIPAA: Deficient or Miscast
Matt Fisher writes: The development of new technology in healthcare and the massive expansion in sources of healthcare data have both created many complications when it comes to protecting and securing sensitive information about individuals. Inevitably, the discussion then turns to the role of HIPAA, which then turns to HIPAA not meeting current needs. A recent…
What Is CIRCIA and How Does This Cybersecurity Law Impact You?
Chris Odogwu writes: The Cyber Incident Reporting for Critical Infrastructure Act (CIRCIA) is a federal law mandating “covered entities” that deal with critical infrastructure to report cyber incidents to the Cybersecurity and Infrastructure Security Agency (CISA). If you encounter a cyberattack, you might want to share your experience with your security team or anyone else who can…
HIPAA Data Breach Costs Company Nearly $300,000 In DOJ False Claims Act Settlement
Stacy L. Cook and Iqra Mushtaq of Barnes & Thornburg LLP write: On March 14, 2023, the U.S. Department of Justice (DOJ) announced the settlement of a case involving alleged violations of the False Claims Act (FCA) as a result of cybersecurity failures and breach of HIPAA-protected health information. Obtained under the Civil Cyber-Fraud Initiative, this settlement emphasizes…
FTC Seeks Comment on Business Practices of Cloud Computing Providers that Could Impact Competition and Data Security
From the FTC: The Federal Trade Commission staff are seeking information on the business practices of cloud computing providers including issues related to the market power of these companies, impact on competition, and potential security risks. In a Request for Information, FTC staff are seeking information about the competitive dynamics of cloud computing, the extent to…
The BreachForums case: The HHS-OIG did WHAT?!? Why?
Revelations contained in an affidavit by an FBI agent and a press release by the Department of Justice about the arrest of the owner of a popular hacking forum raise a few questions about the role of the U.S. Department of Health and Human Services Office of the Inspector General (HHS-OIG). An affidavit by FBI…