The May 2018 cyber security newsletter from the U.S. Department of Health and Human Services Office for Civil Rights (OCR) focused on a topic often overlooked by covered entities and their business associates: physical security. The HIPAA Security Rule requires covered entities and business associates to implement “physical safeguards for all workstations that access ePHI to restrict access to authorized users.”

Continue Reading OCR Highlights Importance of Physical Safeguards to Protect PHI

Consumers are increasingly turning to health apps for a variety of medical and wellness-related purposes. This has in turn caused greater amounts of data—including highly sensitive information—to flow through these apps. These data troves can trigger significant compliance responsibilities for the app developer, along with significant legal and contractual risk. This latest installment in our health app series will introduce some of these considerations, including approaches that developers can take to minimize their risk. Continue Reading Building a Health App? Part 6: HIPAA and Other Privacy and Security Considerations

Irma over the Southeastern U.S. – Courtesy of NOAA

As Texas, Florida, and the Caribbean rebuild after the latest string of deadly hurricanes and prepare for the possibility of future storms, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) reminded health care providers of the importance of ensuring the availability and security of health information during and after natural disasters.  OCR’s guidance is a good reminder to all health care providers – regardless of where they are located – of the applicability of the HIPAA Privacy and Security Rules during natural disasters and other emergencies.

Continue Reading In the Wake of Harvey and Irma, OCR Reminds Providers of HIPAA Rules

It was a busy April for the Office for Civil Rights (“OCR”) (see our prior post on a settlement from earlier in April).  On April 20, OCR announced a Resolution Agreement with Center for Children’s Digestive Health, S.C. (“CCDH”) related to CCDH’s failure to enter into a business associate agreement with a paper medical records storage vendor.  The cost of that missing agreement?  $31,000.  Then, on April 24, OCR announced a settlement with CardioNet, a remote monitoring company for cardiac arrhythmias, related to CardioNet’s failure to implement compliant HIPAA policies and procedures and failure to conduct a sufficient risk assessment.  The price of those failures?  $2.5 million! Continue Reading Two HIPAA Mistakes Lead to Fines from OCR

The U.S. Department of Health and Human Services, Office for Civil Rights (OCR) recently announced the first ever settlement related to a Covered Entity’s untimely breach notification in violation of HIPAA.  Presence Health, a health care network in Illinois, discovered a breach of unsecured personal health information (PHI) on October 22, 2013.  After reporting the breach to OCR over three months later on January 31, 2014, OCR determined that Presence Health failed to notify OCR, each of the affected individuals, and prominent media outlets of the breach without unreasonable delay and within 60 days of learning of the breach, as required of Covered Entities under HIPAA. The violation resulted in a $475,000 settlement between OCR and Presence Health.

Continue Reading Recent HIPAA Enforcement Actions

In non-election news, the Office for Civil Rights (OCR) at the Department of Health and Human Services recently released its November Cyber Awareness Newsletter.  This month’s newsletter focuses on the topic of authentication.  OCR encouraged health care companies to review and strengthen their authentication methods and other safeguards to avoid breaches of electronic protected health information (ePHI).

Continue Reading OCR Reminds Companies that Authentication is Key

The Office for Civil Rights (OCR) of the U.S. Department of Health and Human Services has been busy lately, issuing three news releases on the HIPAA Privacy and Security Rules.

On February 24th, OCR published a crosswalk between the HIPAA Security Rule and the National Institute of Standards and Technology’s (NIST) Framework for Improving Critical Infrastructure Cybersecurity (Cybersecurity Framework). The document outlines the safeguards required by the Security Rule and maps them to the applicable subcategory in the Cybersecurity Framework and other commonly used frameworks. The Security Rule does not require healthcare organizations to follow the Cybersecurity Framework, but OCR points out that many organizations already follow the Cybersecurity Framework and that the crosswalk can help organizations discover gaps in their security policies. OCR released the crosswalk less than a week after Hollywood Presbyterian reported that it paid hackers to end a malware attack on the hospital’s computer systems. Continue Reading Recent HIPAA Updates from OCR

Understanding the complexities of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy and Security Rules is often a challenge for health care providers and consumers.  Recognizing  the widespread confusion surrounding the interpretation of the rules, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) released new tools to educate providers and consumers about HIPAA. Continue Reading OCR Publishes HIPAA Guides for Providers and Consumers