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Category: HIPAA

When to Report a Breach: Consideration of Encryption States

Posted on February 9, 2021 by Dissent

Matt Fisher of Carium writes: Data breaches grab headlines on a daily basis and arise from a number of different scenarios. However, one question that is not necessarily examined closely (at least in news articles), is whether encryption was in place and why the encryption did not prevent the breach. That rhetorical question does not…

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What Does the Fifth Circuit’s Vacating of HHS HIPAA Fines Mean for Companies This Year?

Posted on February 9, 2021 by Dissent

Here is some more commentary on the Fifth Circuit opinion in MD Anderson v. HHS.  Elfin Noce, Liisa Thomas & Susan Ingargiola  of SheppardMullin write, in part: On the ruling regarding the disclosure of ePHI, the Fifth Circuit held that HHS had failed to establish that MD Anderson disclosed ePHI to someone outside of the covered entity. The…

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HITECH Amendment Provides Some Protection For Covered Entities and Business Associates that Adopt Recognized Security Standards

Posted on February 3, 2021 by Dissent

Anna D. Kraus, Libbie Canter, Tara Carrier, and Olivia Vega of Covington & Burling write: On January 5, 2021, an amendment to the Health Information Technology for Economic and Clinical Health (“HITECH”) Act was signed into law.  The amendment requires the U.S. Department of Health and Human Services (“HHS”) to “consider certain recognized security practices of covered…

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HIPAA Enforcement by State Attorneys General

Posted on January 22, 2021 by Dissent

HIPAA Journal has a nice recap of of HIPAA enforcement actions by states attorney general.  You can read it here.  

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OCR Releases Report Summarizing HIPAA Privacy and Security Compliance Failures

Posted on January 9, 2021 by Dissent

Joseph J. Lazzarotti and Maya Atrakchi of JacksonLewis write: In the final days of 2020, the Office for Civil Rights (OCR) at the U.S. Health and Human Service (HHS) released a HIPAA Audits Industry Report (“the Report”), that could be quite helpful to covered entities and business associates for tackling HIPAA compliance as we enter the new…

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“Without Undue Delay, Part 1:” Update on earlier ransomware cases

Posted on January 5, 2021 by Dissent

In November, DataBreaches.net published a commentary arguing that patients need to be notified sooner of ransomware dumps even if HIPAA would seem to allow up to 60 days. As a companion to that piece, this site looked at 30 claimed ransomware attacks on U.S. healthcare entities that had been revealed on dedicated leak sites by…

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