News & Analysis as of

Incident Response Plans Health Insurance Portability and Accountability Act (HIPAA) Protected Health Information

Hanzo

Compliance Under Pressure: Audit Readiness for Healthcare Providers

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In today’s healthcare environment, compliance is a defining element of patient care quality, operational integrity, and public trust. Oversight from agencies such as the Office for Civil Rights (OCR), the Centers for Medicare...more

Troutman Pepper Locke

3 Takeaways From Recent Cyberattacks On Healthcare Cos.

Troutman Pepper Locke on

Significant data breaches have affected major players in the healthcare industry in the last year, with the methods of attack being as diverse as the affected entities themselves. Originally published in Law360 - June 4,...more

Jackson Lewis P.C.

OCR Proposed Tighter Security Rules for HIPAA Regulated Entities, including Business Associates and Group Health Plans

Jackson Lewis P.C. on

As the healthcare sector continues to be a top target for cyber criminals, the Office for Civil Rights (OCR) issued proposed updates to the HIPAA Security Rule (scheduled to be published in the Federal Register January 6). It...more

BakerHostetler

A New Budgetary Line Item for 2025 - New York-based Hospitals Should Plan Now for the Fiscal and Operational Costs Associated with...

BakerHostetler on

On October 2, the New York State Department of Health (NYSDOH) issued new cybersecurity regulations (Regulations) for all general hospitals in New York state (“hospitals”), creating a new Section 405.46 in Title 10 (Health)...more

Dinsmore & Shohl LLP

[Webinar] Don't Be the Next Change Healthcare: How to Avoid a Breach and Prepare Your Response Plan - October 29th, 12:00 pm -...

Dinsmore & Shohl LLP on

During the first half of this webinar, Jen Mitchell, Bryan Murray and Laura Fryan, will focus on practical tips and pointers on avoiding a HIPAA breach and what lessons you can take away from the Change Healthcare breach. ...more

Venable LLP

FTC Announces Final Changes to Health Breach Notification Rule That Broaden the Rule’s Scope and Application

Venable LLP on

On May 30, 2024, the Federal Trade Commission (FTC or the Commission) published finalized amendments to the Health Breach Notification Rule (HBNR) that augment the prior rule’s scope and application. The updated final rule...more

Mintz - Health Care Viewpoints

New York State Prepares to Regulate Hospital Cybersecurity Programs

On November 13, 2023, Governor Kathy Hochul announced plans to regulate cybersecurity for New York general hospitals regulated under Article 28 of the Public Health Law. As proposed, the regulations will provide an additional...more

Davis Wright Tremaine LLP

Litigation Preparedness Following a Data Breach: Three Tips to Consider During the Incident Response Period

Data breaches come in many different forms, sizes, and levels of complexity, but they tend to share certain key facts: A third-party bad actor—whether through a phishing attack, a ransomware attack, exploitation of a zero-day...more

Jackson Lewis P.C.

OCR Reminds Healthcare Providers and Their Business Associates – You Need an Incident Response Plan!

Jackson Lewis P.C. on

We have been quite busy this October, which happens to be National Cybersecurity Awareness Month. But, we did not want to let the month go by without some recognition; and we are grateful to the HHS Office for Civil Rights...more

Health Care Compliance Association (HCCA)

Securing Problematic 'Legacy' Devices: Be Part of Procurement, Push for Info

Report on Patient Privacy 22, no. 3 (March, 2022) - Typically a “legacy” describes the lasting impact of an influential person or movement, most often in a positive sense. Not so with medical devices. When legacy is applied...more

K&L Gates LLP

Health Care Triage: Data Security Breaches in the Health Care Sector

K&L Gates LLP on

Desiree Moore, Gina Bertolini, and Jackie Hoffman discuss the increasing impact of data security incidents and security breaches on the health care sector. They define what qualifies under HIPAA as a protected health...more

Goodwin

DOJ Announces New Initiative to Use False Claims Act to Enforce Compliance with Data Privacy and Security Laws and Contract...

Goodwin on

The Department of Justice recently announced the launch of its new Civil Cyber-Fraud Initiative (the “Initiative”) which intends to use the False Claims Act to pursue “cybersecurity-related fraud by government contractors and...more

Epiq

The Ins and Outs of Early Case Assessment for a Cyber Incident Review

Epiq on

In the fast-moving industry of cyber incident response, success and efficiency come from preparation. Once a matter is promoted to review, the most common request for timing is “as soon as possible.” How is a client’s desire...more

Holland & Knight LLP

Get Ready for HIPAA Questions on Your Recognized Security Practices

Holland & Knight LLP on

An amendment to the Health Information Technology for Economic and Clinical Health (HITECH) Act was signed into law on Jan. 5, 2021, directing U.S. Health and Human Services (HHS) to consider "recognized security practices"...more

Morgan Lewis

Responding to the 2019 Novel Coronavirus: Guidance for US Employers

Morgan Lewis on

The outbreak of the 2019 Novel Coronavirus (2019-nCoV) has created a number of questions and compliance challenges for employers in the United States as well as across the globe. This is a fluid and rapidly changing...more

Poyner Spruill LLP

Three Lessons From a Hospital Under Ransomware Siege

Poyner Spruill LLP on

Missouri’s Cass Regional Medical Center (CRMC) was recently hit with a ransomware attack. Existing patients continued to receive care, but incoming trauma and stroke patients were diverted to other facilities. The hospital...more

BCLP

Healthcare Data Breach Litigation Trends

BCLP on

Companies that have a breach involving PHI worry not only about fines and penalties imposed by HHS, but about class action lawsuits. The risk that a class action lawsuit will lead to financial liability, however, is often...more

McAfee & Taft

Healthcare Records Held Hostage: When ransomware attacks

McAfee & Taft on

Imagine for a moment that your hospital or physician practice suddenly cannot access its electronic medical records. There hasn’t been a natural disaster. No, instead you are inexplicably staring at a computer screen from an...more

K&L Gates LLP

Government Investigations Into Cybersecurity Breaches In Healthcare

K&L Gates LLP on

In September 2015, a U.S. Department of Health and Human Services (HHS), Office of the Inspector General (OIG), report found that the Office of Civil Rights (OCR), the agency charged with ensuring compliance with the Health...more

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