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HHS Issues Partial HIPAA Privacy Rule Waiver in Hurricane Maria Disaster Zone
Sep22

HHS Issues Partial HIPAA Privacy Rule Waiver in Hurricane Maria Disaster Zone

The U.S. Department of Health and Human Services has already issued two partial waivers of HIPAA sanctions and penalties in areas affected by hurricanes this year. Now a third HIPAA waiver has been issued, this time in the Hurricane Maria disaster area in Puerto Rico and the U.S. Virgin Islands. As was the case with the waivers issued in relation to Hurricane Harvey and Hurricane Irma, the waiver only applies to covered entities in...

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Fall in Healthcare Data Breaches in August: Rise in Breach Severity
Sep21

Fall in Healthcare Data Breaches in August: Rise in Breach Severity

Healthcare data breaches have fallen for the second month in a row, according to the latest installment of the Breach Barometer report from Protenus/Databreaches.net. In August, there were 33 reported healthcare data breaches, down from 36 incidents in July and 56 in June. While the reduction in data breaches is encouraging, that is still more than one healthcare data breach per day. August may have been the second best month of the...

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5 Months to Notify Patients of Augusta University Medical Center Phishing Attack
Sep18

5 Months to Notify Patients of Augusta University Medical Center Phishing Attack

An Augusta University Medical Center phishing attack has resulted in an unauthorized individual gaining access to the email accounts of two employees. It is unclear exactly when the phishing attack was discovered, although an investigation into the breach was concluded on July 18, 2017. That investigation confirmed access to the employees’ email accounts was gained between April 20-21, 2017. Upon discovery of the breach, access to the...

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Hospital Employee Fired Over 26,000-Record Arkansas DHS Privacy Breach
Sep18

Hospital Employee Fired Over 26,000-Record Arkansas DHS Privacy Breach

A former employee of the Arkansas Department of Human Services (DHS) has been fired from her new position at the state hospital for emailing spreadsheets containing the protected health information of patients to a personal email account. Yolanda Farrar worked as a payment integrity coding analyst for the DHS, but was fired on March 24, 2017. According to a statement issued by DHS spokesperson Amy Webb, Farrar was fired for...

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Hospital Staff Discovered to Have Taken and Shared Photographs of Patient’s Genital Injury
Sep15

Hospital Staff Discovered to Have Taken and Shared Photographs of Patient’s Genital Injury

An investigation has been conducted into a privacy violation at the University of Pittsburgh Medical Center’s Bedford Memorial hospital, in which photographs and videos of a patient’s genitals were taken by hospital staff and in some cases, were shared with other individuals including non-hospital staff. The patient was admitted to the hospital in late December 2017, with photos/videos shared over the following few weeks. The...

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Limited HIPAA Waiver Granted to Hospitals in Irma Disaster Zone
Sep12

Limited HIPAA Waiver Granted to Hospitals in Irma Disaster Zone

A public health emergency has been declared in areas of the U.S. Virgin Islands, Puerto Rico, and Florida affected by Hurricane Irma. As was the case in Texas and Louisiana after Hurricane Harvey, the U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) has announced a limited waiver of HIPAA Privacy Rule sanctions and penalties for hospitals affected by Irma. OCR has stressed that the HIPAA Privacy and Security...

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FDA Releases Final Premarket Guidance for Medical Device Manufacturers on Secure Data Exchange
Sep12

FDA Releases Final Premarket Guidance for Medical Device Manufacturers on Secure Data Exchange

The U.S. Food and Drug Administration (FDA) has released final guidance on medical device interoperability, making several recommendations for smart, safe, and secure interactions between medical devices and health IT systems. The FDA says, “Advancing the ability of medical devices to exchange and use information safely and effectively with other medical devices, as well as other technology, offers the potential to increase efficiency...

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OCR Stresses Need for Covered Entities to Prepare for Hurricanes and Other Natural Disasters
Sep08

OCR Stresses Need for Covered Entities to Prepare for Hurricanes and Other Natural Disasters

Hospitals in Texas and Louisiana had to ensure medical services continued to be provided during and after Hurricane Harvey, without violating HIPAA Rules. Questions were raised about when it is permitted to share health information with patients’ friends and family, the media and the emergency services and how the Privacy Rule applies in emergencies. The Department of Health and Human Services’ Office for Civil Rights responded by...

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Mailing Error and PHI Breach Underscores Need for Greater Oversight
Sep08

Mailing Error and PHI Breach Underscores Need for Greater Oversight

Healthcare organizations must take care not to expose protected health information in mailings. Recently, there have been two incidents reported that involved sensitive information being disclosed as a result of a lack of oversight when corresponding with patients by mail. A third-party error resulted in details of HIV medications used by Aetna plan members being improperly disclosed. Letters were sent in sealed envelopes, although...

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OCR Head Expects Major HIPAA Settlement for a Big, Juicy, Egregious Breach in 2017
Sep06

OCR Head Expects Major HIPAA Settlement for a Big, Juicy, Egregious Breach in 2017

Roger Severino, the Director of the Department of Health and Human Services’ Office for Civil Rights (OCR) has stated his main enforcement priority for 2017 is to find a “big, juicy, egregious” HIPAA breach and to use it as an example for other healthcare organizations on the dangers of failing to follow HIPAA Rules. When deciding on which cases to pursue, OCR considers the opportunity to use the case as an educational tool to remind...

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Alaska DHSS Discovers Malware Infection and Possible PHI Breach
Sep05

Alaska DHSS Discovers Malware Infection and Possible PHI Breach

A Trojan horse virus has been discovered on two computers used by the Alaska Department of Health and Social Services. The virus potentially allowed malicious actors to gain access to the data stored on the devices. Katie Marquette, Communications Director of the Alaska DHSS, issued a statement confirming there was “a potential HIPAA breach of more than 500 individuals.” At present, the exact number of individuals affected has not...

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Former Employee of The Neurology Foundation Discovered to Have Obtained Patient Data
Sep05

Former Employee of The Neurology Foundation Discovered to Have Obtained Patient Data

The Neurology Foundation in Providence, RI has investigated an employee who had been discovered to be using a company credit card to make unauthorized purchases. The investigation revealed that individual copied and removed a range of sensitive patient information from the organization. In breach of the Neurology Foundation’s policies, the former employee copied data relating to the Foundation’s patients onto an external hard drive...

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106,000 Mid-Michigan Physicians’ Patients Potentially Impacted by Breach
Aug31

106,000 Mid-Michigan Physicians’ Patients Potentially Impacted by Breach

The protected health information of 106,000 current and former patients of the radiology center of Mid-Michigan Physicians has potentially been compromised. McLaren Medical Group, which manages Mid-Michigan Physicians, has announced that the breach affected a system that stored scanned internal documents such as physician orders and scheduling information, which included protected health information such as names, addresses, telephone...

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HHS Issues Partial Waiver of Sanctions and Penalties for Privacy Rule Violations in Hurricane Harvey Disaster Zone
Aug31

HHS Issues Partial Waiver of Sanctions and Penalties for Privacy Rule Violations in Hurricane Harvey Disaster Zone

During emergencies such as natural disasters, complying with all HIPAA Privacy Rule provisions can be a challenge for hospitals and can potentially have a negative impact on patient care and disaster relief efforts. In emergency situations, HIPAA Rules still apply. The HIPAA Privacy Rule allows patient information to be shared to help with disaster relief efforts and ensure patients get the care they need. The Privacy Rule permits...

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Lawsuit Filed Against Aetna for Disclosure of HIV Status of Patients
Aug31

Lawsuit Filed Against Aetna for Disclosure of HIV Status of Patients

A class action lawsuit has been filed against Aetna following a privacy breach that saw the HIV positive status of up to 12,000 individuals impermissibly disclosed. Details of prescribed HIV medications were visible through the clear plastic windows of envelopes, along with individuals’ names and addresses, in a recent mailing. The letters related to pharmacy benefits and information on how HIV medications could be received. As a...

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NIST Updates Digital Identity Guidelines and Tweaks Password Advice
Aug22

NIST Updates Digital Identity Guidelines and Tweaks Password Advice

The National Institute of Standards and Technology (NIST) has updated its Digital Identity Guidelines (NIST Special Publication 800-63B), which includes revisions to its advice on the creation and storage of passwords. Digital authentication helps to ensure only authorized individuals can gain access to resources and sensitive data. NIST says, “authentication provides reasonable risk-based assurances that the subject accessing the...

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Healthcare Hacking Incidents Overtook Insider Breaches in July
Aug18

Healthcare Hacking Incidents Overtook Insider Breaches in July

Throughout 2017, the leading cause of healthcare data breaches has been insiders; however, in July hacking incidents dominated the breach reports. Almost half of the breaches (17 incidents) reported in July for which the cause of the breach is known were attributed to hacking, which includes ransomware and malware attacks. Ransomware was involved in 10 of the 17 incidents. The Protenus Breach Barometer report for July shows there were...

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Want to Prevent Data Breaches? Time to Go Back to Basics
Aug15

Want to Prevent Data Breaches? Time to Go Back to Basics

Intrusion detection systems, next generation firewalls, insider threat management solutions and data encryption will all help healthcare organizations minimize risk, prevent security breaches, and detect attacks promptly when they do occur. However, it is important not to forget the security basics. The Office for Civil Rights Breach portal is littered with examples of HIPAA data breaches that have been caused by the simplest of...

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Documents Containing PII Discovered in Used Office Furniture
Aug10

Documents Containing PII Discovered in Used Office Furniture

Prior to disposing or selling office furniture, HIPAA-covered entities should ensure that all drawers and compartments are inspected for any stray documents containing sensitive information. The failure to conduct a thorough check could easily result in a HIPAA breach or privacy violation. Such an incident has recently occurred in Branchburg in Somerset County, NJ. As reported by News 12 New Jersey, a printing company in Branchburg...

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U.S. Senate Passes Jessie’s Law to Help Prevent Drug Overdoses
Aug09

U.S. Senate Passes Jessie’s Law to Help Prevent Drug Overdoses

West Virginia senators Joe Manchin and Shelley Moore Capito have announced that Jessie’s Law has been passed by the Senate. The legislation is intended to ensure doctors are provided with details of a patient’s previous substance abuse history if consent to share the information is provided by the patient. Jesse’s law takes its name from Michigan resident Jessica Grubb who was in recovery from opioid abuse when she underwent surgery....

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HITRUST and Trend Micro Join Forces to Improve Organizational Cyber Threat Management
Aug08

HITRUST and Trend Micro Join Forces to Improve Organizational Cyber Threat Management

The Health Information Trust Alliance (HITRUST) has announced a new partnership with Trend Micro. The aim of the partnership is to speed the delivery of cyber threat research and education and improve organizational threat management. The partnership has seen the creation of the Cyber Threat Management and Response Center which will help to expand cyber threat information sharing and improve the service to healthcare organizations at...

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Medical Device Cybersecurity Act Takes Aim at Medical Device Security
Aug08

Medical Device Cybersecurity Act Takes Aim at Medical Device Security

A new bill has been introduced in Congress that aims to ensure the confidential medical information of patients on medical devices is protected and security is improved to make the devices more resilient to hacks. The bill – The Medical Device Cybersecurity Act of 2017 – was introduced on August 1, 2017 by Senator Richard Blumenthal (D-CT) and is supported by the College of Healthcare Information Management Executives (CHIME)...

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Protenus Provides Insight into 2017 Healthcare Data Breach Trends
Aug03

Protenus Provides Insight into 2017 Healthcare Data Breach Trends

Protenus, in conjunction with Databreaches.net, has produced its Breach Barometer mid-year review. The report covers all healthcare data breaches reported over the past 6 months and provides valuable insights into 2017 data breach trends. The Breach Barometer is a comprehensive review of healthcare data breaches, covering not only the data breaches reported through the Department of Health and Human Services’ Office for Civil Rights’...

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47% of Healthcare Organizations Have Experienced A HIPAA Data Breach in the Past 2 Years
Jul31

47% of Healthcare Organizations Have Experienced A HIPAA Data Breach in the Past 2 Years

The KPMG 2017 Cyber Healthcare & Life Sciences Survey shows there has been a 10 percentage point increase in reported HIPAA data breaches in the past two years. The survey was conducted on 100 C-suite information security executives including CIOs, CSOs, CISOs and CTOs from healthcare providers and health plans generating more than $500 million in annual revenue. 47% of healthcare organizations have reported a HIPAA data breach in...

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Survey Shows Only a Quarter of Hospitals Have Implemented Secure Text Messaging Platforms
Jul25

Survey Shows Only a Quarter of Hospitals Have Implemented Secure Text Messaging Platforms

The use of secure text messaging platforms in healthcare has grown over the past few years, although a recent survey published in the Journal of Hospital Medicine suggests adoption of HIPAA-compliant messaging systems remains relatively low, with only a quarter of hospitals using a secure platform for sending messages to clinicians. The survey was conducted on 620 hospital-based clinicians identified from the Society of Hospital...

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OCR Data Breach Portal Update Highlights Breaches Under Investigation
Jul25

OCR Data Breach Portal Update Highlights Breaches Under Investigation

Last month, the Department of Health and Human Services confirmed it was mulling over updating its data breach portal – commonly referred to as the OCR ‘Wall of Shame’. Section 13402(e)(4) of the HITECH Act requires OCR to maintain a public list of breaches of protected health information that have impacted more than 500 individuals. All 500+ record data breaches reported to OCR since 2009 are listed on the breach portal. The data...

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U.S. Data Breaches Hit Record High
Jul20

U.S. Data Breaches Hit Record High

Hacking still the biggest cause of data breaches and the breach count has risen once again in 2017, according to a new report released by the Identity Theft Resource Center (ITRC) and CyberScout. In its half yearly report, ITRC says 791 data breaches have already been reported in the year to June 30, 2017 marking a 29% increase year on year. At the current rate, the annual total is likely to reach 1,500 reported data breaches. If that...

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Funding for ONC Office of the Chief Privacy Officer to be Withdrawn in 2018
Jul18

Funding for ONC Office of the Chief Privacy Officer to be Withdrawn in 2018

The cuts to the budget of the Office of the National Coordinator for Health Information Technology (ONC) mean the agency must make some big changes, one of which will be the withdrawal of funding for the Office of the Chief Privacy Officer. ONC National Coordinator Don Rucker, M.D., has confirmed that the office will be closed out in fiscal year 2018. Deven McGraw, the Deputy Director for Health Information Privacy, has been serving...

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University of Iowa Health Care Discovers PHI Was Exposed Online for 2 Years
Jul14

University of Iowa Health Care Discovers PHI Was Exposed Online for 2 Years

University of Iowa Health Care has discovered patient information has been accidentally exposed on the Internet for a period of around 2 years. The exposed data was limited and did not include any clinical data, financial information or Social Security numbers, only patients’ names, admission dates and medical record numbers. 5,292 patients of University of Iowa Hospitals and Clinics have been impacted by the incident. The data were...

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Indiana Senate Passes New Law on Abandoned Medical Records
Jul13

Indiana Senate Passes New Law on Abandoned Medical Records

The Health Insurance Portability and Accountability Act (HIPAA) requires healthcare providers (and other covered entities) to implement reasonable administrative, technical, and physical safeguards to protect the privacy of patients’ protected health information. HIPAA applies to electronic protected health information (ePHI) and physical records. Safeguards must be implemented to protect all forms of PHI at rest and in transit and...

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