News & Analysis as of

Covered Entities Health Insurance Portability and Accountability Act (HIPAA) Ransomware

ArentFox Schiff

OCR’s Risk Analysis Initiative: Lessons From Recent HIPAA Enforcement Actions

ArentFox Schiff on

Health care organizations are under pressure to shore up their cybersecurity response efforts. Much of this pressure is coming from the US Department of Health and Human Services Office for Civil Rights (OCR), which has made...more

Ankura

HIPAA Security Risk Analysis – How should regulated entities prepare for the Office for Civil Rights (OCR) Risk Analysis Audit...

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Following the Office for Civil Rights (OCR) recent publication of four settlements as part of a new Risk Analysis Audit Initiative. We explore the current regulatory language for Risk Analysis, the proposed language for Risk...more

Goodwin

Congress Considers New Cybersecurity Legislation Adjunct to HIPAA

Goodwin on

In the wake of Change Healthcare’s February 2024 ransomware attack, which affected the protected health information (PHI) of at least 100 million individuals — the largest breach of PHI in history — the federal government’s...more

Winstead PC

HIPAA Gets a Potential Counterpart in HISAA

Winstead PC on

Americans hear about cybersecurity incidents on a frequent basis. As the adage goes, it is not a matter of “if” a breach or security hack occurs; it is a matter of “when.”...more

Holland & Knight LLP

Safeguarding Health Information: Takeaways from HHS and NIST 2024 HIPAA Security Conference

Holland & Knight LLP on

President Ronald Reagan famously quipped, "I think you all know that I've always felt that the nine most terrifying words in the English language are: I'm from the Government, and I'm here to help."1 At an Oct. 23-24, 2024,...more

Health Care Compliance Association (HCCA)

2nd Settlement Triggered by 2017 Ransomware Attack Costs WA Practice $100K; ‘Not a Breach’

Let’s review for a moment. It’s not a HIPAA violation to be a victim of ransomware. It’s not a HIPAA violation to pay a ransom. It’s up to the covered entity (CE) to determine if a security or privacy incident is a...more

Holland & Knight LLP

Change Healthcare Cybersecurity Incident: Financial Impact and Resulting Litigation

Holland & Knight LLP on

On Feb. 21, 2024, the ransomware hacker group ALPHV, otherwise known as "BlackCat," disabled Change Healthcare's nationwide healthcare billing and information systems and demanded a ransom to unlock them....more

Tucker Arensberg, P.C.

Navigating HIPAA’s Breach Notification Rule Following A Breach

Tucker Arensberg, P.C. on

In light of the ongoing investigation of Change Healthcare’s ransomware attack that resulted in the improper disclosure of thousands of individuals’ PHI, now seems like a perfect time to discuss HIPAA’s requirements...more

Holland & Knight LLP

What HIPAA Security Rule Surprises Await Healthcare Providers for the Second Half of 2024?

Holland & Knight LLP on

The U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) has, as part of its mandate, the responsibility to enforce the Health Insurance Portability and Accountability Act (HIPAA) Security Rule....more

Constangy, Brooks, Smith & Prophete, LLP

CISA issues proposed regs on cyber incident reporting

Yesterday, March 27, the U.S. Cybersecurity and Infrastructure Security Agency published the Notice of Proposed Rulemaking under the Cyber Incident Reporting for Critical Infrastructure Act of 2022. It is important to note...more

Bricker Graydon LLP

HHS Issue Six Figure Penalty for Ransomware Attack

Bricker Graydon LLP on

Late last year, the Department of Health and Human Services (HHS) issued its first HIPAA settlement agreement involving a ransomware attack. In the press release announcing the settlement, HHS stated that they began...more

McGuireWoods LLP

Office for Civil Rights Settlement May Signal Increasing Scrutiny for Ransomware Attacks

McGuireWoods LLP on

On Oct. 31, 2023, the U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) announced it had settled with Doctors’ Management Services Inc. (DMS) over a self-reported ransomware attack that occurred in...more

Health Care Compliance Association (HCCA)

Still Missing a New Leader, Former OCR Directors, Experts Offer Advice, Task List

Issue a final rule revising the privacy regulation and write guidance on the information blocking rule. Formalize the fledgling audit program required by Congress more than 10 years ago. Engage with providers and other...more

Sheppard Mullin Richter & Hampton LLP

OCR Urges Private Sector to Beef Up Ransomware Protections

Echoing other agencies in recent weeks, the U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) issued an alert sharing resources to address and protect institutions against the recent influx of...more

NAVEX

4 Ways to Protect ePHI Beyond HIPAA Compliance

NAVEX on

Given the choice between credit card data and digital health records, cybercriminals prefer the latter. A stolen credit card can be canceled. Electronic protected health information (ePHI) with its treasure-trove of...more

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 20, Number 3. Privacy Briefs: March 2020

Report on Patient Privacy 20, no. 3 (March 2020) - As the new coronavirus, COVID-19, spreads across the United States, the HHS Office for Civil Rights (OCR) is reminding HIPAA covered entities and business associates that...more

Mintz - Privacy & Cybersecurity Viewpoints

A New Decade of HIPAA – What Can We Expect?

As the decade winds down, it’s hard to believe that the HIPAA Privacy and Security Rules are almost twenty years old. It has been ten years since the U.S. Department of Health and Human Services (HHS) Office for Civil Rights...more

Morris James LLP

Complying With HIPAA Following a Ransomware Attack

Morris James LLP on

In 2016, the U.S. Department of Health and Human Services (“HHS”) issued guidance to help covered entities and business associates understand, among other things, how to respond appropriately to ransomware attacks under the...more

BakerHostetler

A Closer Look at the OCR’s Guidance on Ransomware

BakerHostetler on

In the wake of several high-profile ransomware infections targeting hospitals and health care organizations, the Department of Health and Human Services Office for Civil Rights (OCR) has issued guidance on the growing threat...more

BCLP

Ransomware May Be a Reportable HIPAA Breach

BCLP on

In 2016, more than 4000 ransomware or other malware attacks are occurring daily, a 300% increase since 2015. There have been reports of six hospitals that have been victims of ransomware in 2016. Ransomware is a type of...more

Harris Beach Murtha PLLC

Health Care Group News: Bitcoin. System Lockdown. Data Held Hostage. Ransom Demand.

If company executives are discussing the terms listed above, then their company is likely to have experienced better days. However, if the executives are in the "C Suite" or are the Compliance Officer, Privacy Officer and/or...more

Parker Poe Adams & Bernstein LLP

OCR Issues Guidance on Ransomware Attacks and Determining Whether a Reportable HIPAA Breach Exists

The Office of Civil Rights (“OCR”) has issued new guidance in connection with an increase of malicious cyberattacks, namely ransomware attacks on healthcare organization’s computer systems. Ransomware is a defined by HHS as a...more

Patterson Belknap Webb & Tyler LLP

HSS Issues New Guidance on Ransomware Attacks Against HIPAA-Covered Entities

Ransomware attacks at hospitals and other healthcare facilities have dramatically increased over the last several years, putting healthcare providers in the uncomfortable position of having to consider paying thousands of...more

McDermott Will & Emery

Guidance on Ransomware Attacks under HIPAA and State Data Breach Notification Laws

The US Department of Health and Human Services (HHS) has recently issued guidance under the Health Insurance Portability and Accountability Act (HIPAA) on what covered entities and business associates can do to prevent and...more

Foley & Lardner LLP

Ransomware Reporting Requirements & New HHS Guidance

Foley & Lardner LLP on

Ransomware is malicious software that denies access to data, usually by encrypting the data with a private encryption key that is only provided once a ransom is paid. Sometimes the ransomware will actually destroy, steal, or...more

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