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HIPAA compliance news

Our HIPAA news for small and mid-sized practices section covers common aspects of HIPAA Rules that are often neglected by small to medium-sized covered entities. This news section also includes the latest information for healthcare professionals and small to mid-sized clinics that are concerned about HIPAA-compliance and avoiding HIPAA Privacy, Security and Breach Notification Rule violations.

News items have been selected as they are of particular relevance for small to mid-sized healthcare practices.

The news items and articles in this section cover HIPAA violations and data breaches at small to mid-sized healthcare providers, settlements and regulatory fines issued by state attorneys general and the Department of Health and Human Services’ Office for Civil Rights (OCR), new state and federal compliance requirements and the latest news and guidance on HIPAA compliance from OCR and the ONC.

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Employees Sue Lincare Over W2 Phishing Attack
Oct23

Employees Sue Lincare Over W2 Phishing Attack

In February 2017, Lincare Holdings Inc., a supplier of home respiratory therapy products, experienced a breach of sensitive employee data. The W2 forms of thousands of employees were emailed to a fraudster by an employee of the human resources department. The HR department employee was fooled by a business email compromise (BEC) scam. While health data was not exposed, names, addresses, Social Security numbers, and details of employees’ earnings were obtained by the attacker. This year has seen an uptick in W2 phishing scams, with healthcare organizations and schools extensively targeted by scammers. The scam involves the attacker using a compromised company email account – or a spoofed company email address – to request copies of W2 forms from HR department employees. Cyberattacks that...

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Termination for Nurse HIPAA Violation Upheld by Court
Oct19

Termination for Nurse HIPAA Violation Upheld by Court

A nurse HIPAA violation alleged by a patient of Norton Audubon Hospital culminated in the termination of the registered nurse’s employment contract. The nurse, Dianna Hereford, filed an action in the Jefferson Circuit Court alleging her employer wrongfully terminated her contract on the grounds that a HIPAA violation had occurred, when she claims she had always ‘strictly complied with HIPAA regulations.’ The incident that resulted in her dismissal was an alleged impermissible disclosure of PHI. Hereford had been assigned to the Post Anesthesia Care Unit at Norton Audubon Hospital and was assisting with a transesophageal echocardiogram. At the time of the alleged HIPAA violation, the patient was in an examination area that was closed off with a curtain. Hereford was present along with a...

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De-identification of Protected Health Information: How to Anonymize PHI
Oct18

De-identification of Protected Health Information: How to Anonymize PHI

Healthcare organizations and their business associates that want to share protected health information must do so in accordance with the HIPAA Privacy Rule, which limits the possible uses and disclosures of PHI, but de-identification of protected health information means HIPAA Privacy Rule restrictions no longer apply. HIPAA Privacy Rule restrictions only covers individually identifiable protected health information. If you de-identify PHI so that the identity of individuals cannot be determined, and re-identification of individuals is not possible, PHI can be freely shared. The de-identification of protected health information enables HIPAA covered entities to share health data for large-scale medical research studies, policy assessments, comparative effectiveness studies, and other...

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HHS Issues Limited Waiver of HIPAA Sanctions and Penalties in California
Oct17

HHS Issues Limited Waiver of HIPAA Sanctions and Penalties in California

The Secretary of the U.S. Department of Health and Human Services has issued a limited waiver of HIPAA sanctions and penalties in California. The waiver was announced following the presidential declaration of a public health emergency in northern California due to the wildfires. As was the case with the waivers issued after Hurricanes Irma and Maria, the limited waiver of HIPAA sanctions and penalties only applies when healthcare providers have implemented their disaster protocol, and then only for a period of up to 72 hours following the implementation of that protocol. In the event of the public health emergency declaration ending, healthcare organizations must then comply with all provisions of the HIPAA Privacy Rule for all patients still under their care, even if the 72-hour period...

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Q3, 2017 Healthcare Data Breach Report
Oct16

Q3, 2017 Healthcare Data Breach Report

In Q3, 2017, there were 99 breaches of more than 500 records reported to the Department of Health and Human Services’ Office for Civil Rights (OCR), bringing the total number of data breaches reported in 2017 up to 272 incidents. The 99 data breaches in Q3, 2017 saw 1,767,717 individuals’ PHI exposed or stolen. So far in 2017, the records of 4,601,097 Americans have been exposed or stolen as a result of healthcare data breaches. Q3 Data Breaches by Covered Entity Healthcare providers were the worst hit in Q3, reporting a total of 76 PHI breaches. Health plans reported 17 breaches and there were 6 data breaches experienced by business associates of covered entities. There were 31 data breaches reported in July, 29 in August, and 39 in September. While September was the worst month...

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Is Skype HIPAA Compliant?
Oct13

Is Skype HIPAA Compliant?

Text messaging platforms such as Skype are a convenient way of quickly communicating information, but is Skype HIPAA compliant? Can Skype be used to send text messages containing electronic protected health information (ePHI) without risking violating HIPAA Rules? There is currently some debate surrounding Skype and HIPAA compliance. Skype includes security features to prevent unauthorized access of information transmitted via the platform and messages are encrypted. But does Skype satisfy all requirements of HIPAA Rules? This article will attempt to answer the question, Is Skype HIPAA compliant? Is Skype a Business Associate? Is Skype a HIPAA business associate? That is a matter that has been much debated. Skype could be considered an exception under the Conduit Rule – being merely a...

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How Should You Respond to an Accidental HIPAA Violation?
Oct12

How Should You Respond to an Accidental HIPAA Violation?

The majority of HIPAA covered entities, business associates, and healthcare employees take great care to ensure HIPAA Rules are followed, but what happens when there is accidental HIPAA violation? How should healthcare employees, covered entities, and business associates respond? How Should Employees Report an Accidental HIPAA Violation? Accidents happen. If a healthcare employee accidentally views the records of a patient, if a fax is sent to an incorrect recipient, an email containing PHI is sent to the wrong person, or any other accidental disclosure of PHI has occurred, it is essential that the incident is reported to your Privacy Officer. Your Privacy Officer will need to determine what actions need to be taken to mitigate risk and reduce the potential for harm. The incident will...

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Do Medical Practices Need to Monitor Business Associates for HIPAA Compliance?
Oct11

Do Medical Practices Need to Monitor Business Associates for HIPAA Compliance?

Should covered entities monitor business associates for HIPAA compliance or is it sufficient just obtain a signed, HIPAA-compliant business associate agreement? If a business associate provides reasonable assurances to a covered entity that HIPAA Rules are being followed, and errors are made by the BA that result in the exposure, theft, or accidental disclosure of PHI, the covered entity will not be liable for the BA’s HIPAA violations – provided the covered entity has entered into a business associate agreement with its business associate. It is the responsibility of the business associate to ensure compliance with HIPAA Rules. The failure of a business associate to comply with HIPAA Rules can result in financial penalties for HIPAA violations for the business associate, not the covered...

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53% of Businesses Have Misconfigured Secure Cloud Storage Services
Oct09

53% of Businesses Have Misconfigured Secure Cloud Storage Services

The healthcare industry has embraced the cloud. Many healthcare organizations now use secure cloud storage services to host web applications or store files containing electronic protected health information (ePHI). However, just because secure cloud storage services are used, it does not mean data breaches will not occur, and neither does it guarantee compliance with HIPAA. Misconfigured secure cloud storage services are leaking sensitive data and many organizations are unaware sensitive information is exposed. A Business Associate Agreement Does Not Guarantee HIPAA Compliance Prior to using any cloud storage service, HIPAA-covered entities must obtain a signed business associate agreement from their service providers. Obtaining a signed, HIPAA-compliant business associate agreement...

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Is WhatsApp HIPAA Compliant?
Oct06

Is WhatsApp HIPAA Compliant?

When WhatsApp announced it was introducing end-to-end encryption, it opened up the prospect of healthcare organizations using the platform as an almost free secure messaging app, but is WhatsApp HIPAA compliant? Many healthcare employees have been asking if WhatsApp is HIPAA compliant, and some healthcare professionals are already using the text messaging app to send protected health information (PHI). However, while WhatsApp does offer far greater protection than SMS messages and some other text messaging platforms, we believe WhatsApp is not a HIPAA compliant messaging platform. Why Isn’t WhatsApp HIPAA Compliant? First, it is important to point out that no software platform or messaging app can be truly HIPAA compliant, because HIPAA compliance is not about software. It is about...

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What are the Differences Between a HIPAA Business Associate and HIPAA Covered Entity
Oct06

What are the Differences Between a HIPAA Business Associate and HIPAA Covered Entity

The terms covered entity and business associate are used extensively in HIPAA legislation, but what are the differences between a HIPAA business associate and HIPAA covered entity? What Are HIPAA Covered Entities? HIPAA covered entities are healthcare providers, health plans, and healthcare clearinghouses that electronically transmit health information for transactions covered by HHS standards. Healthcare providers include hospitals and clinics, doctors, dentists, chiropractors, psychologists, pharmacies and nursing homes. Health plans include health insurance companies, company health plans, government programs that pay for healthcare, and HMO’s. Healthcare clearinghouses include transcription service companies that format data to make it compliant and organizations that process...

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What are the HIPAA Breach Notification Requirements?
Oct04

What are the HIPAA Breach Notification Requirements?

All HIPAA covered entities must familiarize themselves with the HIPAA breach notification requirements and develop a breach response plan that can be implemented as soon as a breach of unsecured protected health information is discovered. While most HIPAA covered entities should understand the HIPAA breach notification requirements, organizations that have yet to experience a data breach may not have a good working knowledge of the requirements of the Breach Notification Rule. Vendors that have only just started serving healthcare clients may similarly be unsure of the reporting requirements and actions that must be taken following a breach. The issuing of notifications following a breach of unencrypted protected health information is an important element of HIPAA compliance. The failure...

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How Employees Can Help Prevent HIPAA Violations
Oct03

How Employees Can Help Prevent HIPAA Violations

Healthcare organizations and their business associates must comply with the HIPAA Privacy, Security, and Breach Notifications Rules and implement safeguards to prevent HIPAA violations. However, even with controls in place to reduce the risk of HIPAA violations, data breaches still occur. In most industries, it is hackers and other cybercriminals that are responsible for the majority of security breaches, but in healthcare it is insiders. While healthcare organizations can take steps to improve their defenses and implement technologies to identify breaches rapidly when they occur, healthcare employees also need to help prevent HIPAA violations. Employees Can Help to Prevent HIPAA Violations Healthcare privacy breaches often occur as a result of carelessness or a lack of understanding of...

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National Cyber Security Awareness Month: What to Expect
Oct02

National Cyber Security Awareness Month: What to Expect

October is National Cyber Security Awareness Month – A month when attention is drawn to the importance of cybersecurity and several initiatives are launched to raise awareness about how critical cybersecurity is to the lives of U.S. citizens. National Cyber Security Awareness Month is a collaborative effort between the U.S. Department of Homeland Security (DHS), the National Cyber Security Alliance (NCSA) and public/private partners. Throughout the month of October, the DHS, NCSA, and public and private sector organizations will be conducting events and launching initiatives to raise awareness of the importance of cybersecurity. Best practices will be shared to help U.S. citizens keep themselves safe online and protect their companies, with tips and advice published to help businesses...

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Is OneDrive HIPAA Compliant?
Sep30

Is OneDrive HIPAA Compliant?

Many covered entities want to take advantage of cloud storage services, but can Microsoft OneDrive be used? Is OneDrive HIPAA compliant? Many healthcare organizations are already using Microsoft Office 365 Business Essentials, including exchange online for email. Office 365 Business Essentials includes OneDrive Online, which is a convenient platform for storing and sharing files. Microsoft Supports HIPAA-Compliance There is certainly no problem with HIPAA-covered entities using OneDrive. Microsoft supports HIPAA-compliance and many of its cloud services, including OneDrive, can be used without violating HIPAA Rules. That said, before OneDrive – or any cloud service – can be used to create, store, or send files containing the electronic protected health information of patients,...

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Why Dental Offices Should be Worried About HIPAA Compliance
Sep28

Why Dental Offices Should be Worried About HIPAA Compliance

In 2015, Dr. Joseph Beck became the first dentist to be fined for a HIPAA violation, which sent a warning to dental offices about HIPAA compliance.  Until that point, dental offices had avoided fines for noncompliance with HIPAA Rules. The penalty was not issued by the Department of Health and Human Services’ Office for Civil Rights (OCR), but by the Office of the Indiana attorney general. The fine of $12,000 was for the alleged mishandling of the protected health information of 5,600 patients. Since then, many settlements have been reached with covered entities for HIPAA violations. No further penalties have been issued to dental offices, although there is nothing to stop OCR or state attorneys general from fining dental offices for failing to comply with HIPAA Rules and settlements for...

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HITRUST/AMA Launch Initiative to Help Small Healthcare Providers with HIPAA Compliance
Sep27

HITRUST/AMA Launch Initiative to Help Small Healthcare Providers with HIPAA Compliance

HITRUST has announced it has partnered with the American Medical Association (AMA) for a new initiative that will help small healthcare providers with HIPAA compliance, cybersecurity, and cyber risk management. Small healthcare providers can be particularly vulnerable to cyberattacks, as they typically lack the resources to devote to cybersecurity and do not tend to have the budgets available to hire skilled cybersecurity staff. This week has underscored the need for small practices to improve their cybersecurity defenses, with the announcement of two cyberattacks on small healthcare providers by the hacking group TheDarkOverlord. Recent ransomware attacks have also shown that healthcare organizations of all sizes are likely to be attacked. Organizations of all sizes must practice good...

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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 areas where a public health emergency has been declared, only for 72 hours following the implementation of the hospital’s disaster protocol, and only for specific provisions of the HIPAA Privacy Rule: The requirements to obtain a patient’s agreement to speak with family members or friends involved in the patient’s care. See 45 CFR 164.510(b). The...

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OCR Launches Information is Powerful Medicine Campaign to Encourage Patients to Access Their Health Data
Sep13

OCR Launches Information is Powerful Medicine Campaign to Encourage Patients to Access Their Health Data

The Department of Health and Human Services’ Office for Civil Rights has launched a new campaign to raise awareness of patients’ right to access their health information and the benefits of doing so. The “Information is Powerful Medicine” campaign informs patients that they have the right to obtain copies of their health data and tells them to “Get it. Check it. Use it.” The benefits to patients are clear. If they obtain copies of the health information they can check their medical records for errors and correct any mistakes. Having access to health data helps patients to make better decisions about their health care and discuss their health more fully with their providers. Armed with their health data, patients can do more to stay healthy. Patients are advised that the HIPAA Privacy...

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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 Rules have not been suspended and covered entities must continue to follow HIPAA Rules; however, certain provisions of the Privacy Rule have been waived under the Project Bioshield Act of 2014 and Section 1135(b) of the Social Security Act. In the event that a hospital in the disaster zone does not comply with the following aspects of the HIPAA Privacy...

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Vulnerabilities Identified in Smiths Medical Medfusion 4000 Devices
Sep11

Vulnerabilities Identified in Smiths Medical Medfusion 4000 Devices

The U.S. Department of Homeland Security (DHS) has issued a warning about vulnerabilities in Smiths Medical Medfusion 4000 wireless syringe infusion pumps. The vulnerabilities could potentially be exploited by hackers to alter the performance of the devices. Smiths Medical Medfusion 4000 devices are used to deliver small doses of medication and are used throughout the United States and around the world in acute care settings. Eight vulnerabilities have been identified in three versions of the wireless syringe infusion pumps (V1.1, v1.5 and v1.6), with CVSS v3 scores ranging from 3.7 to 8.1. The vulnerabilities could be exploited remotely, potentially causing harm to patients. Hackers could also exploit the vulnerabilities to gain access to other healthcare IT systems if the devices are...

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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 issuing guidance to covered entities on the HIPAA Privacy Rule and disclosures of patient health information in emergency situations to help healthcare organizations protect patient privacy and avoid violating HIPAA Rules. Allowable disclosures are summarized in this document. Hot on the heels of hurricane Harvey comes hurricane Irma, closely followed by...

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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 covered entities of the need to comply with specific aspects of HIPAA Rules. At the recent ‘Safeguarding Health Information’ conference run by OCR and NIST, Severino explained that “I have to balance that law enforcement instinct with the educational component that we do.” Severino went on to say, “I really want to make sure people come into compliance...

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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 covered entities to share patient information for treatment purposes, for public health activities, to disclose patient information to family, friends and others involved in a patient’s care, to prevent or lessen a serious and imminent threat to the health and safety of a person or the public and, under certain circumstances, allows covered entities to share...

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FDA Announces Voluntary Recall of St. Jude Medical Implantable Cardiac Pacemakers
Aug30

FDA Announces Voluntary Recall of St. Jude Medical Implantable Cardiac Pacemakers

The U.S. Food and Drug Administration (FDA) has recommended all patients with vulnerable St. Jude Medical implantable cardiac pacemakers visit their providers to have the firmware on their devices updated. The update will make the devices more resilient to cyberattacks. Last year, MedSec Holdings passed on the findings of a study of cybersecurity vulnerabilities in St. Jude Medical devices to the short-selling firm Muddy Waters Capital. The report identified a number of vulnerabilities that could be exploited to alter the functioning of the devices and drain batteries prematurely. While St. Jude Medical initially denied the vulnerabilities existed, the FDA investigated the claims and confirmed that remotely exploitable vulnerabilities were present in certain St. Jude Medical Products....

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New Ransomware and Phishing Warnings for Healthcare Organizations
Aug30

New Ransomware and Phishing Warnings for Healthcare Organizations

Warnings have been issued about a new ransomware variant that is being used in targeted attacks on healthcare organizations and IRS, FBI and Hurricane Harvey themed phishing attacks. Defray Ransomware A new ransomware variant is being used in highly targeted attacks on healthcare organizations in the United States and United Kingdom. Defray ransomware is being distributed in small email campaigns using carefully crafted messages specifically developed to maximize the probability of a response from healthcare providers. The messages claim to have been sent from the Director of Information Management and Technology at the targeted organization and include the hospital’s logos. The documents claim to be patient reports detailing important information for patients, relatives and carers. The...

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Credit Monitoring Services Must Now Be Offered to Breach Victims in Delaware
Aug24

Credit Monitoring Services Must Now Be Offered to Breach Victims in Delaware

For the first time in 10 years, Delaware has amended its data breach notification law and has now introduced some of the strictest requirements of any state. Any ‘person’ operating in the state of Delaware must now notify individuals of the exposure or theft of their sensitive information and must offer breach victims complimentary credit monitoring services for 12 months. Connecticut was the first state to introduce similar laws, with California also requiring the provision of credit monitoring services to breach victims. Breach victims must also be advised of security incidents involving their sensitive information ‘as soon as possible’ and no later than 60 days following the discovery of a breach. The new law also requires companies operating in the state to implement “reasonable”...

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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 service today is the same as the one who accessed the service previously.” The Digital Identity Guidelines include a number of recommendations that can be adopted to improve the digital authentication of subjects to systems over a network. The guidelines are not specific to the healthcare industry, although the recommendations can be adopted by healthcare...

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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 36 reported breaches – The third lowest monthly total in 2017 and a major reduction from the previous month when 52 data breaches were reported – the worst month of the year to date by some distance. In July, 575,142 individuals are known to have been impacted by healthcare data breaches, although figures have only been released for 29 of the incidents. The...

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August Sees OCR Breach Reports Surpass 2,000 Incidents
Aug16

August Sees OCR Breach Reports Surpass 2,000 Incidents

Following the introduction of the HITECH Act in 2009, the Department of Health and Human Services’ Office for Civil Rights has been publishing summaries of healthcare data breaches on its Wall of Shame.  August saw an unwanted milestone reached. There have now been more than 2,000 healthcare data breaches (impacting more than 500 individuals) reported to OCR since 2009. As of today, there have been 2,022 healthcare data breaches reported. Those breaches have resulted in the theft/exposure of 174,993,734 individuals’ protected health information. Healthcare organizations are getting better at discovering and reporting breaches, but the figures clearly show a major hike in security incidents. In the past three years, the total has jumped from around 1,000 breaches to more than 2,000. The...

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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 errors and security mistakes. Strong security must start with the basics, as has recently been explained by the FTC in a series of blog posts. The blog posts are intended to help businesses improve data security, prevent data breaches and avoid regulatory fines. While the blog posts are not specifically aimed at healthcare organizations, the information covered...

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HIMSS Research Shows Healthcare Organizations Have Enhanced Their Cybersecurity Programs
Aug11

HIMSS Research Shows Healthcare Organizations Have Enhanced Their Cybersecurity Programs

HIMSS has published the findings of its 2017 Cybersecurity Survey. The survey was conducted on 126 cybersecurity professionals from the healthcare industry between April and May 2017. Most of the respondents were executive and non-executive managers who were primarily responsible or had some responsibility for information security in their organization. The report shows healthcare organizations in the United States are increasingly making cybersecurity a priority and have been enhancing their cybersecurity programs over the past 12 months. More healthcare organizations have increased their cybersecurity staff and adopted holistic cybersecurity practices and perspectives in key areas. The survey revealed 75% of respondents are now conducting regular penetration tests to identify potential...

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$5.5 Million Data Breach Settlement Highlights the Importance of Prompt Patching
Aug10

$5.5 Million Data Breach Settlement Highlights the Importance of Prompt Patching

The importance of applying patches promptly to address critical security vulnerabilities has been highlighted by a recent $5.5 million data breach settlement. Yesterday, New York Attorney General Eric T. Schneiderman announced a settlement has been reached with Nationwide Mutual Insurance Company and its subsidiary, Allied Property & Casualty Insurance Company, to resolve a multi-state data breach investigation involving New York and 32 other states. Nationwide will pay a total of $5.5 million, $103,736.78 of which will go to New York State. The settlement will cover the costs of the investigation and litigation, with the remaining funds used for consumer protection law enforcement and other purposes. The investigation was launched following a 2012 breach of the sensitive data of...

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Warning Issued Over Vulnerabilities in Siemens PET/CT Scanners: Exploits Publicly Available
Aug07

Warning Issued Over Vulnerabilities in Siemens PET/CT Scanners: Exploits Publicly Available

Warnings have been issued about four vulnerabilities in Siemens PET/CT scanner systems. Siemens is currently developing patches to address the vulnerabilities.  Exploits for the vulnerabilities are already publicly available. The flaws affect multiple Siemens medical imaging systems including Siemens CT, PET, SPECT systems and medical imaging workflow systems (SPECT Workplaces/Symbia.net) that are based on Windows 7. The vulnerabilities allow remote code execution, potentially giving attackers access to the scanners and networks to which the systems are connected. One of the main risks is malware and ransomware infections, which in the case of the latter can prevent the devices from being used. It is also possible that a malicious actor could interfere with the systems causing patients...

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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’ breach reporting tool, but also media reports of incidents and public findings. Prior to inclusion in the report, all breaches are independently confirmed by databreaches.net. The Breach Barometer reports delve into the main causes of data breaches reported by healthcare providers, health plans and their business associates. In a webinar on Wednesday,...

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How Often Should Healthcare Employees Receive Security Awareness Training?
Aug01

How Often Should Healthcare Employees Receive Security Awareness Training?

Security awareness training is a requirement of HIPAA, but how often should healthcare employees receive security awareness training? Recent Phishing and Ransomware Attacks Highlight Need for Better Security Awareness Training Phishing is one of the biggest security threats for healthcare organizations. Cybercriminals are sending phishing emails in the millions in an attempt to get end users to reveal sensitive information such as login credentials or to install malware and ransomware. While attacks are often ransom, healthcare employees are also being targeted with spear phishing emails. In December last year, anti-phishing solution provider PhishMe released the results of a study showing 91% of cyberattacks start with a phishing email. Spear phishing campaigns rose 55% last year,...

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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 the past two years, whereas in 2015, when the survey was last conducted, 37% of healthcare organizations said they had experienced a security-related HIPAA breach in the past two years. Preparedness for data breaches has improved over the past two years. When asked whether they were ready to deal with a HIPAA data breach, only 16% of organizations said they...

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HITRUST Launches Community Extension Program to Promote Collaboration on Risk Management
Jul27

HITRUST Launches Community Extension Program to Promote Collaboration on Risk Management

HITRUST has launched a new community extension program that will see town hall events taking place in 50 major cities across the United States over the course of the next 12 months. The aim of the community extension program is to improve education and collaboration on risk management and encourage greater community collaboration. With the volume and variety of cyber threats having increased significantly in recent years, healthcare organizations have been forced to respond by improving their cybersecurity programs, including adopting cybersecurity frameworks and taking part in HITRUST programs. Healthcare organizations have been able to improve their resilience against cyberthreats, although the process has not been easy. HITRUST has learned that the process can be made much easier with...

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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 breach list contacts a wide range of breaches, many of which occurred through no fault of the covered entity and involved no violations of HIPAA Rules. OCR has received some criticism for its breach portal for this very reason, most recently from Rep. Michael Burgess (R-Texas) who said the breach portal was ‘unnecessarily punitive’ in its current form. For...

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Model HIPAA-Compliant PHI Access Request Form Released by AHIMA
Jul21

Model HIPAA-Compliant PHI Access Request Form Released by AHIMA

The American Healthcare Information Management Association (AHIMA) has announced it has released a model PHI access request form for healthcare providers to give to patients who want to exercise their right under HIPAA to obtain copies of their health data. The model PHI access request form is compliant with HIPAA regulations and can be easily customized to suit the needs of each healthcare organization. AHIMA claims that until now, a model PHI access request form was not available to healthcare providers. HIPAA-covered entities have had to develop their own forms and there is considerable variation in the forms used by different healthcare organizations. Patients with multiple healthcare providers often find the process of obtaining their health data confusing. AHIMA has listened to...

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Is Google Drive HIPAA Compliant?
Jul21

Is Google Drive HIPAA Compliant?

Google Drive is a useful tool for sharing documents, but can those documents contain PHI? Is Google Drive HIPAA compliant? Is Google Drive HIPAA Compliant? The answer to the question, “Is Google Drive HIPAA compliant?” is yes and no. HIPAA compliance is less about technology and more about how technology is used. Even a software solution or cloud service that is billed as being HIPAA-compliant can easily be used in a manner that violates HIPAA Rules. G Suite – formerly Google Apps, of which Google Drive is a part – does support HIPAA compliance. The service does not violate HIPAA Rules provided HIPAA Rules are followed by users. G Suite incorporates all of the necessary controls to make it a HIPAA-compliant service and can therefore be used by HIPAA-covered entities to...

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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 total is reached it would represent a 37% increase from last year’s record-breaking total of 1,093 breaches. Following the passing of the HITECH Act in 2009, the Department of Health and Human Services’ Office for Civil Rights (OCR) has been publishing healthcare data breach summaries on its website. Healthcare organizations are required by HIPAA/HITECH to...

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Are You Blocking Ex-Employees’ PHI Access Promptly?
Jul19

Are You Blocking Ex-Employees’ PHI Access Promptly?

A recent study commissioned by OneLogin has revealed many organizations are not doing enough to prevent data breaches by ex-employees. Access to computer systems and applications is a requirement while employed, but many organizations are failing to block access to systems promptly when employees leave the company, even though ex-employees pose a significant data security risk. Blocking access to networks and email accounts when an employee is terminated or otherwise leaves the company is one of the most basic security measures, yet all too often the process is delayed. 600 IT employees who had some responsibility for security in their organization were interviewed for the study and approximately half of respondents said they do not immediately terminate ex-employees’ network access...

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Is Dropbox HIPAA Compliant?
Jul14

Is Dropbox HIPAA Compliant?

Healthcare organizations can benefit from using Dropbox, but is Dropbox HIPAA compliant? Can the service be used to store and share protected health information? Is Dropbox HIPAA Compliant? Dropbox is a popular file hosting service used by many organizations to share files, but what about protected health information? Is Dropbox HIPAA compliant? Dropbox claims it now supports HIPAA and HITECH Act compliance but that does not mean Dropbox is HIPAA compliant. No software or file sharing platform can be HIPAA compliant as it depends on how the software or platform is used. That said, healthcare organizations can use Dropbox to share or store files containing protected health information without violating HIPAA Rules. The Health Insurance Portability and Accountability Act requires covered...

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ONC Offers Help for Covered Entities on Medical Record Access for Patients
Jul13

ONC Offers Help for Covered Entities on Medical Record Access for Patients

The Health Insurance Portability and Accountability Act’s (HIPAA) Privacy Rule requires covered entities to give medical record access for patients on request. Patients should be able to obtain a copy of their health records in paper or electronic form within 30 days of submitting the request. Last year, the Department of Health and Human Services’ Office for Civil Rights (OCR) issued guidance for covered entities on providing patients with access to their medical records. A series of videos was also released to raise awareness of patients’ rights under HIPAA to access their records. In theory, providing access to medical records should be a straightforward process. In practice, that is often not the case. Patients often have difficulty accessing their electronic health data with many...

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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 when PHI is no longer required, covered entities must ensure it is disposed of securely. For electronic protected health information that means data must be permanently deleted so it cannot be reconstructed and recovered. To satisfy HIPAA requirements, the Department of Health and Human Services’ Office for Civil Rights (OCR) recommends clearing, purging or...

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U.S. Healthcare Providers Affected by Global Ransomware Attack
Jun29

U.S. Healthcare Providers Affected by Global Ransomware Attack

NotPetya ransomware attacks have spread to the U.S. Decryption may not be possible even if the ransom is paid. Details of how to prevent attacks are detailed below. NotPetya Ransomware Attacks Spread to the United States Tuesday’s global ransomware attack continues to cause problems for many organizations in Europe, with the attacks now having spread to North America. The spread of the ransomware has been slower in the United States than in Europe, although many organizations have been affected including at least three healthcare systems. Pennsylvania’s Heritage Valley Health System has confirmed that its computer systems have been infected with the ransomware. The ransomware has affected the entire health system including both of its hospitals and its satellite and community facilities....

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World’s Largest Data Breach Settlement Agreed by Anthem
Jun26

World’s Largest Data Breach Settlement Agreed by Anthem

The largest data breach settlement in history has recently been agreed by the health insurer Anthem Inc. Anthem experienced the largest healthcare data breach ever reported in 2015, with the cyberattack resulting in the theft of 78.8 million records of current and former health plan members. The breach involved names, addresses, Social Security numbers, email addresses, birthdates and employment/income information. A breach on that scale naturally resulted in many class-action lawsuits, with more than 100 lawsuits consolidated by a Judicial Panel on Multidistrict Litigation. Now, two years on, Anthem has agreed to settle the litigation for $115 million. If approved, that makes this the largest data breach settlement ever – Substantially higher than $18.5 million settlement agreed...

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Google to Remove Personal Medical Information From Its Search Results
Jun23

Google to Remove Personal Medical Information From Its Search Results

There are only a handful of content categories that Google will not display in its search results. Now the list has grown slightly with the addition of personal medical records, specifically, the ‘confidential, personal medical records of private people.’ The update to its policy was made yesterday, with medical records joining national identification numbers such as Social Security numbers, bank account numbers, credit card numbers, images of signatures, sexual abuse images, revenge porn, and material that has been uploaded to the Internet in violation of the Digital Millennium Copyright Act. Google’s indexing system captures all publicly accessible information that has been uploaded to the Internet, although there has been criticism in recent years about the types of information Google...

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Healthcare Data Breach Costs Fall to $380 Per Record
Jun21

Healthcare Data Breach Costs Fall to $380 Per Record

Healthcare data breach costs have fallen year-over-year according to the latest IBM Security/Ponemon Institute study.  While there was a slight decline, for the seventh straight year, healthcare data breach costs are still higher than any other industry sector. This year, the Ponemon Institute calculated the average healthcare data breach costs to be $380 per record. The average global cost per record for all industries is now $141, with healthcare data breach costs more than 2.5 times the global average. Last year, average healthcare data breach costs were $402 per record. The average cost of a breach in the United States across all industries is $225 per record, up from $221 in 2016. Data breach costs have risen substantially over the past seven years, although the latest report shows...

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May’s Healthcare Data Breach Report Shows Some Incidents Took 3 Years to Discover
Jun20

May’s Healthcare Data Breach Report Shows Some Incidents Took 3 Years to Discover

The May 2017 healthcare Breach Barometer Report from Protenus shows there was an increase in reported data breaches last month. May was the second worst month of the year to date for healthcare data breaches with 37 reported incidents, approaching the 39 data breaches reported in March. In April, there were 34 incidents reported. So far, each month of 2017 has seen more than 30 data breaches reported – That’s one reported breach per day, as was the case in 2016. In May, there were 255,108 exposed healthcare records representing a 10% increase in victims from the previous month; however, it is not yet known how many records were exposed in 8 of the breaches reported in May. The number of individuals affected could rise significantly. The largest incident reported in May was the theft of...

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OCR’s Wall of Shame Under Review by HHS
Jun16

OCR’s Wall of Shame Under Review by HHS

Since 2009, the Department of Health and Human Services’ Office for Civil Rights has been publishing summaries of healthcare data breaches on its website. The data breach list is commonly referred to as OCR’s ‘Wall of Shame’. The data breach list only provides a brief summary of data breaches, including the name of the covered entity, the state in which the covered entity is based, covered entity type, date of notification, type of breach, location of breach information, whether a business associate was involved and the number of individuals affected. The list includes all reported data breaches, including those which occurred due to no fault of the healthcare organization. The list is not a record of HIPAA violations. Those are determined during OCR investigations of breaches. Making...

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Microsoft Patches Two Critical, Actively Exploited Vulnerabilities
Jun14

Microsoft Patches Two Critical, Actively Exploited Vulnerabilities

Microsoft released a slew of updates this Patch Tuesday, including patches for two critical vulnerabilities that are being actively exploited in the wild. In total, 95 vulnerabilities were addressed yesterday, eighteen of which have been rated critical and 76 as important. The two actively exploited vulnerabilities are of most concern, in fact one is so serious that Microsoft took the decision to issue a patch for Windows XP, even though extended support for the outdated operating system ended in April 2014. As with the emergency patch issued last month shortly after the WannaCry ransomware attacks, the vulnerability was considered so severe it warranted a patch. Adrienne Hall, general manager of Microsoft’s Cyber Defense Operations Center, explained the decision to issue a patch for...

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OCR Issues Guidance on the Correct Response to a Cyberattack
Jun12

OCR Issues Guidance on the Correct Response to a Cyberattack

Last week, the Department of Health and Human Services’ Office for Civil Rights issued new guidance to covered entities on the correct response to a cyberattack. OCR issued a quick response checklist and accompanying infographic to explain the correct response to a cyberattack and the sequence of actions that should be taken. Responding to an ePHI Breach Preparation is key. Organizations must have response and mitigation procedures in place and contingency plans should exist that can be implemented immediately following the discovery a cyberattack, malware or ransomware attack. The first stage of the response is to take immediate action to prevent any impermissible disclosure of electronic protected health information. In the case of a network intrusion, unauthorized access to the...

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Data Breach Risk From Out of Date Operating Systems and Web Browsers Quantified
Jun09

Data Breach Risk From Out of Date Operating Systems and Web Browsers Quantified

The recent WannaCry ransomware attacks have highlighted the risks from failing to apply patches and update software promptly. BitSight has now published the results of a study that sought to quantify the risk from tardy updates and delayed software upgrades. For the study, BitSight analyzed the correlation between data breaches and the continued to use old operating systems such as Windows 7, Windows Vista and Windows XP and old versions of web browsers. Operating systems and browsers used by approximately 35,000 companies from 20 industries were assessed as part of the study. BitSight checked Apple OS and Microsoft Windows operating systems and Chrome, Internet Explorer, Safari, and Firefox web browsers. 2,000 of the companies studied (6%) had out of date operating systems on more than...

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WannaCry Ransomware Continues to Cause Problems for U.S. Hospitals
Jun06

WannaCry Ransomware Continues to Cause Problems for U.S. Hospitals

The Department of Health and Human Services (HHS) has issued a cyber notice to alert healthcare organizations of the continuing problems caused by the WannaCry ransomware attacks on May 12, 2017. Following the attacks, the United States Department of Homeland Security (DHS) issued a statement saying the U.S. had suffered ‘limited attacks’ with only a small number of companies affected. However, the problems caused by those attacks have been considerable. The HHS says two large, multi-state hospital systems are still facing significant challenges to operations as a result of the May 12 attacks. The Windows SMB vulnerability (MS17-010) exploited by the threat actors was addressed by Microsoft in a March 14, 2017 update, with an emergency patch released for unsupported Windows versions...

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Recent Employee Snooping Incidents Highlight Need for Access Controls and Alerts
Jun02

Recent Employee Snooping Incidents Highlight Need for Access Controls and Alerts

Ransomware, malware and unaddressed software vulnerabilities threaten the confidentiality, integrity and availability of PHI, although healthcare organizations should take steps to deal with the threat from within. This year has seen numerous cases of employees snooping and accessing medical records without authorization. The HIPAA Security Rule 45 CFR §164.312(b) requires covered entities to “Implement hardware, software, and/or procedural mechanisms that record and examine activity in information systems that contain or use electronic protected health information,” while 45 CFR §164.308(a)(1)(ii)(D) requires covered entities to “Implement procedures to regularly review records of information system activity, such as audit logs, access reports, and security incident tracking reports.”...

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OCR Reminds Covered Entities of Security Incident Definition and Notification Requirements
Jun01

OCR Reminds Covered Entities of Security Incident Definition and Notification Requirements

The ransomware attacks and healthcare IT security incidents last month have prompted the Department of Health and Human Services’ Office for Civil Rights to issue a reminder to covered entities about HIPAA Rules on security breaches. In its May 2017 Cyber Newsletter, OCR explains what constitutes a HIPAA security incident, preparing for such an incident and how to respond when perimeters are breached. HIPAA requires all covered entities to implement technical controls to safeguard the confidentiality, integrity and availability of electronic protected health information (ePHI). However, even when covered entities have sophisticated, layered cybersecurity defenses and are fully compliant with HIPAA Security Rule requirements, cyber-incidents may still occur. Cybersecurity defenses are...

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Molina Healthcare Patient Portal Discovered to Have Exposed Patient Data
May31

Molina Healthcare Patient Portal Discovered to Have Exposed Patient Data

Earlier this month, security researcher Brian Krebs was alerted to a flaw in a patient portal used by True Health Group that allowed patients’ test results to be viewed by other patients. While patients were required to login to the patient portal before viewing their test results, a security flaw allowed then to also view other patients’ results. Now, the Medicaid and Affordable Care Act Insurer Molina Healthcare is investigating a similar flaw in its patient portal that has allowed the sensitive medical information of patients to be accessed by unauthorized individuals. In the case of Molina Healthcare, patients’ medical claims could be accessed without authentication. Brian Krebs contacted Molina Healthcare to alert the company to the flaw. An investigation was conducted and its...

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HIPAA Enforcement Update Provided by OCR’s Iliana Peters
May25

HIPAA Enforcement Update Provided by OCR’s Iliana Peters

Office for Civil Rights Senior Advisor for HIPAA Compliance and Enforcement, Iliana Peters, has given an update on OCR’s enforcement activities in a recent Health Care Compliance Association ‘Compliance Perspectives’ podcast. OCR investigates all data breaches involving the exposure of theft of more than 500 healthcare records. OCR also investigates complaints about potential HIPAA violations. Those investigations continue to reveal similar non-compliance issues. Peters said many issues come up time and time again. Peters confirmed that cases are chosen to move on to financial settlements when they involve particularly egregious HIPAA violations, but also when they relate to aspects of HIPAA Rules that are frequently violated. The settlements send a message to healthcare organizations...

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Impermissible Disclosure of HIV Status to Employer Results in $387,000 HIPAA Penalty
May24

Impermissible Disclosure of HIV Status to Employer Results in $387,000 HIPAA Penalty

The Department of Health and Human Services’ Office for Civil Rights (OCR) has announced a new HIPAA settlement to resolve violations of the HIPAA Privacy Rule. St. Luke’s-Roosevelt Hospital Center Inc., has paid OCR $387,200 to resolve potential HIPAA violations discovered during an OCR investigation of a complaint about an impermissible disclosure of PHI. In September 2014, OCR received a complaint about a potential privacy violation involving a patient of St. Luke’s Spencer Cox Center for Health. In the complaint, it was alleged that a member of St Luke’s staff violated the privacy of a patient by faxing protected health information to the individual’s employer. The information in the fax was highly sensitive, including the patient’s sexual orientation, HIV status, sexually...

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Leading Cause of Healthcare Data Breaches in April was Hacking
May23

Leading Cause of Healthcare Data Breaches in April was Hacking

The monthly Breach Barometer Report from Protenus shows a significant reduction in the number of exposed healthcare records in April, with 232,060 records exposed compared to more than 1.5 million in March. The number of reported data breaches also fell from 39 to 34. The report offers some further good news. The time taken by healthcare organizations to report security incidents also fell last month. 66% of breaches were reported within the 60-day time period allowed by the Health Insurance Portability and Accountability Act Breach Notification Rule. While it is good news that the trend for reporting data breaches more promptly is continuing, there is still plenty of room for improvement. Protenus reports that in April, it took an average of 51 days from the date of the breach to...

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Healthcare Organizations Reminded of HIPAA Rules Relating to Ransomware
May19

Healthcare Organizations Reminded of HIPAA Rules Relating to Ransomware

Following the recent WannaCry ransomware attacks, the Department of Health and Human Services has been issuing cybersecurity alerts and warnings to healthcare organizations on the threat of attack and steps that can be taken to reduce risk. The email alerts were sent soon after the news of the attacks on the UK’s NHS first started to emerge on Friday May 12, and continued over the course of the week. The alerts provided timely and pertinent information for U.S. healthcare organizations allowing them to take rapid action to counter the threat. While the Office for Civil Rights has previously sent monthly emails to healthcare organizations warning of new threats in its cybersecurity newsletters, the recent alerts were sent much more rapidly and frequently, with four email alerts and...

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WannaCry Ransomware Encrypted Hospital Medical Devices
May17

WannaCry Ransomware Encrypted Hospital Medical Devices

The WannaCry ransomware attacks on NHS hospitals in the UK have been widely publicized, but the extent to which U.S. healthcare organizations were affected is unclear. However, news has emerged that WannaCry ransomware has been installed on hospital systems and succeeded in encrypted medical device data. The ransomware targeted older Windows versions and more recent operating systems that had not been updated with the MS17-010 patch that addressed the exploited vulnerability in Server Message Block 1.0 (SMBv1). The attacks claimed more than 200,000 victims around the globe. So far, two healthcare organizations in the United States have confirmed they experienced a WannaCry ransomware attack that affected Bayer MedRad devices. The devices are power injector systems used to monitor...

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HIPAA Compliance Best Practices
May16

HIPAA Compliance Best Practices

Questions and Answers to Improve Security and Avoid Penalties By Bill Becker Even after 14 years, public and private sector organizations are still routinely found out of compliance with the Health Insurance Portability and Accountability Act (HIPAA). Security management processes are among the weakest links in compliance. In this article, we’ll look at some of the basics that covered entities and their business partners need to follow to ensure that they are not hit with financial or other penalties. For the uninitiated, HIPAA regulates the use and disclosure of certain information held by health plans, health insurers, and medical service providers that engage in many types of transactions. Enforcement of HIPAA Privacy and Security Rules falls to the Department of Health and Human...

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WannaCrypt Ransomware Attacks Stopped, But Only Briefly
May15

WannaCrypt Ransomware Attacks Stopped, But Only Briefly

The global WannaCrypt ransomware attacks that hit NHS Trusts in the UK hard on Friday have spread to the United States, affecting some U.S. organizations including FedEx. Figures this morning indicate there were more than 200,000 successful attacks spread across 150 countries over the weekend. Fortunately, the variant of the ransomware used in the weekend attacks has been neutralized. On Saturday afternoon, a blogger and security researcher in the UK identified a kill switch and was able to prevent the ransomware from claiming more victims. While investigating the worm element of the ransomware campaign, the researcher ‘Malware Tech’ found a reference to a domain in the code. That domain had not been registered, so Malware Tech purchased and registered the domain. Doing so stopped the...

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Massive Ransomware Attack Hits NHS: Global Warning Issued as Attacks Spread
May13

Massive Ransomware Attack Hits NHS: Global Warning Issued as Attacks Spread

The UK’s National Health Service (NHS) has experienced its worst ever ransomware attack. The infections spread rapidly to multiple NHS trusts, forcing computer system shutdowns. Affected hospitals cancelled operations with the disruption to patient services still continuing. The attack occurred on Friday and affected 61 NHS hospital trusts, causing chaos for patients. The NHS has been working around the clock to bring its computer systems back online and to recover encrypted data. The massive ransomware attack involved Wanna Decryptor 2.0 ransomware or WannaCry/WanaCryptor as it is also known. There is no known decryptor. The attackers were threatening to delete data if the ransom was not paid within 7 days, with the ransom amount set to double in three days if payment was not made. The...

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Security Breach Highlights Need for Patient Portals to be Pen Tested
May11

Security Breach Highlights Need for Patient Portals to be Pen Tested

A range of safeguards must be implemented to ensure networks and EHRs are protected. Encryption should be considered to prevent the loss or theft of devices from exposing the ePHI of patients. However, it is important for healthcare organizations also check their patient portals for potential vulnerabilities and implement safeguards to prevent unauthorized disclosures of sensitive information. The failure to implement appropriate safeguards on web-based applications can easily result in unauthorized disclosures of patients PHI, as was recently demonstrated at True Health Diagnostics. The Frisco, TX-based healthcare services company offers testing for a wide range of diseases and genetic abnormalities, with test information available to patient via a web portal. The web portal allows...

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Memorial Hermann Health System Hit with $2.4 Million HIPAA Fine
May11

Memorial Hermann Health System Hit with $2.4 Million HIPAA Fine

Memorial Hermann Health System has agreed to settle potential HIPAA Privacy Rule violations with the Department of Health and Human Services’ Office for Civil Rights (OCR) for $2.4 million. The settlement stems from an impermissible disclosure on a press release issued by MHHS in September 2015. Memorial Hermann Health System (MHHS) is a 16-hospital health system based in Southeast Texas, serving patients in the Greater Houston area. In September, a patient visited a MHHS clinic and presented a fraudulent identification card to hospital staff. The fraudulent ID card was identified as such by hospital staff, law enforcement was notified and the patient was arrested. The hospital disclosed the name of the patient to law enforcement, which is allowable under HIPAA Rules. However, the...

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Patient-Physician Texting to Be Covered at AMA Annual Meeting
May10

Patient-Physician Texting to Be Covered at AMA Annual Meeting

Text messages are a quick and easy method of communication, although for healthcare professionals the use of SMS messages carries considerable privacy risks. While text messages can be used to communicate quickly with members of a care team, the inclusion of any protected health information (PHI) or personally identifiable information (PII) violates HIPAA Rules. SMS texts are unencrypted, potentially allowing unauthorized individuals to access the messages and view the contents. SMS messages may also be stored on the servers of service providers. Those messages may remain on unsecured servers indefinitely. Copies of SMS texts can remain on the sender’s and recipients phone. In the event that either the sender or recipient’s phone is lost or stolen, PHI/PII in messages may be exposed....

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NIST Small Business Cybersecurity Act of 2017 Approved by SST Committee
May08

NIST Small Business Cybersecurity Act of 2017 Approved by SST Committee

Cybercriminals may not be targeting small healthcare practices to the same extent as large health systems, but as the OCR’s data breach portal shows, cyberattacks on small healthcare organizations occur frequently. When cyberattacks occur they can be catastrophic for small businesses. Figures from the National Cybersecurity Alliance suggest 60% of small businesses cease trading within 6 months of experiencing a cyberattack. Faced with the financial burden of resolving a data breach, it is no surprise that so many businesses fail to make it through the next six months. In order to prevent cyberattacks and keep sensitive health data secure, small healthcare organizations must effectively manage cybersecurity risks. However, many cybersecurity resources and security frameworks have been...

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NCCIC Warns of Highly Sophisticated Campaign Delivering Multiple Malware Variants
May05

NCCIC Warns of Highly Sophisticated Campaign Delivering Multiple Malware Variants

Homeland Security’s National Cybersecurity and Communications Integration Center (NCCIC) has issued an alert about an emerging sophisticated campaign affecting multiple industry sectors. The attacks have been occurring for at least a year, with threat actors using stolen administrative credentials and certificates to install multiple malware variants on critical systems. A successful attack gives the threat actors full access to systems and data, while the methods used allow the attackers to avoid detection by conventional security solutions. While many organizations have been attacked, one of the main targets has been IT service providers. Gaining access to their systems has allowed the actors to conduct attacks on their clients and gain access to their environments. The method of...

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Majority of Organizations Failing to Protect Against Mobile Device Security Breaches
May05

Majority of Organizations Failing to Protect Against Mobile Device Security Breaches

A recent report published by Dimensional Research has highlighted the growing threat of mobile device security breaches and how little organizations are doing to mitigate risk. Cybercriminals may view employees as one of the weakest links in the security chain, but mobile devices are similarly viewed as an easy way of gaining access to data and corporate networks. According to the report, the threat of mobile cyberattacks in growing. Two out of ten companies have already experienced a mobile device cyberattack, although in many cases, organizations are not even aware that a cyberattack on a mobile device has occurred. The survey, which was conducted on 410 security professionals, found that two thirds of respondents were doubtful they would be able to prevent a cyberattack on mobile...

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Rise in Business Email Compromise Scams Prompts IC3 Warning
May05

Rise in Business Email Compromise Scams Prompts IC3 Warning

There has been a massive increase in business email compromise scams over the past three years. In the past two years alone, the number of companies that have reported falling for business email comprise scams has increased by 2,370% according to new figures released by the Internet Crime Complaint Center (IC3). In the past three years, cybercriminals have used business email compromise scams to fraudulently obtain more than $5 billion. U.S. organizations lost more than $1.5 billion to BEC scams between October 2013 and December 2016. The rise in BEC attacks has prompted IC3 to issue a new warning to businesses, urging them to implement a range of defenses to mitigate risk. What are Business Email Compromise Scams and How Do They Work? A business email compromise scam – also known as an...

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Bitglass Publishes 2017 Healthcare Data Security Report
May04

Bitglass Publishes 2017 Healthcare Data Security Report

Bitglass has recently published its 2017 Healthcare Data Breach Report, the third annual report on healthcare data security issued by the data protection firm. For the report, Bitglass conducted an analysis of healthcare data breach reports submitted to the Department of Health and Human’ Services Office for Civil Rights. The report confirms 2016 was a particularly bad year for healthcare industry data breaches. Last year saw record numbers of healthcare data breaches reported, although the number of healthcare records exposed in 2016 was lower than in 2015. In 2016, 328 healthcare data breaches were reported, up from 268 incidents in 2015. Last year’s healthcare data breaches impacted around 16.6 million Americans. The good news is that while incidents are up, breaches are exposing...

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Survey Explores Trust in Healthcare Organizations’ Ability to Keep Data Secure
May04

Survey Explores Trust in Healthcare Organizations’ Ability to Keep Data Secure

A recent survey by Accenture has explored consumers’ attitudes about healthcare data security and revealed the impact healthcare data breaches have had on consumers. The survey showed the extent to which individuals had suffered losses as a result of a data breach, how consumers felt their organization handled data breaches and the effect those breaches had on trust. Trust in Healthcare Providers and Insurers is High In the United States, trust in healthcare providers’ and health insurers’ ability to keep sensitive data secure is high. 88% of respondents said they trusted their physician or other healthcare providers ‘somewhat’ (53%) or ‘a great deal’ (36%). Trust in hospitals was slightly lower at 84% (54% somewhat / 30% a great deal). Health insurers and laboratories that process...

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Wireless Health Services Provider Settles HIPAA Violations with OCR for $2.5 Million
Apr24

Wireless Health Services Provider Settles HIPAA Violations with OCR for $2.5 Million

2016 was a record year for HIPAA settlements, but 2017 is looking like it will see last year’s record smashed. There have already been six HIPAA settlements announced so far this year, and hot on the heels of the $31,000 settlement announced last week comes another major HIPAA fine. A $2.5 million settlement has been agreed with CardioNet to resolve potential HIPAA violations. CardioNet is a Pennsylvania-based provider of remote mobile monitoring and rapid response services to patients at risk for cardiac arrhythmias. Settlement have previously been agreed with healthcare providers, health plans, and business associates of covered entities, but this is the first-time OCR has settled potential HIPAA violations with a wireless health services provider. While OCR has not previously fined a...

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$400,000 HIPAA Penalty Agreed with Denver FQHC for Security Management Process Failures
Apr13

$400,000 HIPAA Penalty Agreed with Denver FQHC for Security Management Process Failures

The Department of Health and Human Services’ Office for Civil Rights (OCR) has taken action against a Denver, CO-based federally-qualified health center (FQHC) for security management process failures that contributed to the organization experiencing a data breach in 2011. Metro Community Provider Network (MCPN) has agreed to pay OCR $400,000 and adopt a robust corrective action plan to resolve all HIPAA compliance issues identified during the OCR investigation. The incident that triggered the OCR investigation was a phishing attack that occurred on December 5, 2011. A hacker sent phishing emails to (MCPN) personnel, the responses to which enabled that individual to gain access to employees’ email accounts. Those accounts contained the electronic protected health information of 3,200...

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Small Business Cybersecurity Bill Heads to Senate
Apr06

Small Business Cybersecurity Bill Heads to Senate

New legislation to help small businesses protect their data and digital assets has been approved by the Senate Commerce, Science and Transportation Committee this week. The new bill, which was introduced by Sen. Brian Schatz (D-Hawaii) last week, will now head to the U.S Senate. The legislation – the MAIN STREET (Making Information Available Now to Strengthen Trust and Resilience and Enhance Enterprise Technology) Cybersecurity Act will require the National Institute of Standards and Technology (NIST) to develop new guidance specifically for small businesses to help them protect themselves against cyberattacks. New NIST guidance should include basic cybersecurity measures that can be adopted to improve resilience against cyberattacks and mitigate basic security risks. Guidance and...

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Congress Advised to Offer Incentives to Improve Healthcare Threat Intelligence Sharing
Apr06

Congress Advised to Offer Incentives to Improve Healthcare Threat Intelligence Sharing

With the healthcare industry under a sustained attack and the cyber threat landscape constantly evolving, law enforcement, the government, and private industry need to collaborate to counter the threat of cyberattacks. Cybercrime cannot be effectively tackled by organizations acting in isolation. The sharing of threat information is essential in the fight against cybercrime. Dissemination of this information makes it easier for law enforcement and government agencies to combat cybercrime. Accessing that information also allows healthcare entities to to take timely action to address vulnerabilities before they are exploited. Government and law enforcement agencies are educating healthcare organizations on the importance of sharing threat intelligence, although currently too few entities...

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More than 55,000 Patients Impacted by ABCD Pediatrics Ransomware Attack
Apr04

More than 55,000 Patients Impacted by ABCD Pediatrics Ransomware Attack

San Antonio, TX-based ABCD Pediatrics has discovered cybercriminals gained access to its servers and used ransomware to encrypt data, including the protected health information of its patients. The individuals behind the attack may also have gained access to data stored on the healthcare provider’s servers prior to ransomware being deployed. The breach report submitted to the Department of Health and Human Services’ Office for Civil Rights indicates 55,447 patients have been impacted. The attack involved a variant of CrySiS ransomware called Dharma, which started encrypting data on February 6, 2017. Dharma ransomware is not known to exfiltrate data; however, an analysis of the attack revealed a number of suspicious user accounts on the servers, suggesting access had been gained prior to...

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Quarter of Healthcare Organizations Do Not Encrypt Data Stored in the Cloud
Apr04

Quarter of Healthcare Organizations Do Not Encrypt Data Stored in the Cloud

A recent survey by HyTrust has revealed that a quarter of healthcare organizations do not use encryption to protect data at rest in the cloud, even though the lack of encryption potentially places sensitive data – including the protected health information of patients – at risk of being exposed. Amazon Web Service (AWS) one of the most popular choices with the healthcare industry, although many healthcare organizations are using multiple cloud service providers. 38% of respondents said they had a multi-cloud environment and 63% of respondents said they were planning to use multiple cloud service providers in the future. 63% of healthcare organizations said they were using the public cloud to store data. When asked about their main concerns, data security came top of the list – with 82%...

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FBI Warns Healthcare Industry About Anonymous FTP Server Cyberattacks
Mar29

FBI Warns Healthcare Industry About Anonymous FTP Server Cyberattacks

The Federal Bureau of Investigation has issued a warning to healthcare organizations using File Transfer Protocol (FTP) servers. Medical and dental organizations have been advised to ensure FTP servers are configured to require users to be properly authenticated before access to stored data can be gained. Many FTP servers are configured to allow anonymous access using a common username such as ‘FTP’ or ‘anonymous’. In some cases, a generic password is required, although security researchers have discovered that in many cases, FTP servers can be accessed without a password. The FBI warning cites research conducted by the University of Michigan in 2015 that revealed more than 1 million FTP servers allowed anonymous access to stored data The FBI warns that hackers are targeting these...

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SAFER Guides Updated by ONC: Ransomware Prevention and Mitigation Strategies Included
Mar28

SAFER Guides Updated by ONC: Ransomware Prevention and Mitigation Strategies Included

The Department of Health and Human Services’ Office of the National Coordinator for Health Information Technology (ONC) has updated its SAFER Guides to include information to help healthcare providers protect against ransomware infections and mitigate ransomware attacks. The Safety Assurance Factors for Electronic Health Record Resilience (SAFER) Guides were first released in January 2014 to help healthcare providers improve the usability of their EHRs and address the risks that EHR technology can introduce. The SAFER Guides can also be used to reduce the potential for patients to suffer EHR-related harm. The SAFER Guides cover a range of key focus areas and include evidence-based best practices that can be adopted by healthcare providers to improve the usability and safety of their...

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What Can Small Healthcare Providers Do To Prevent Ransomware Attacks?
Mar23

What Can Small Healthcare Providers Do To Prevent Ransomware Attacks?

Ransomware attacks on healthcare providers are occurring with alarming frequency. Figures from the FBI suggest as many as 4,000 ransomware attacks are occurring every day. Healthcare organizations are targeted because they hold large volumes of data and access to those data is required to provide medical services to patients. Without access to patients’ health information, healthcare services can be severely disrupted. Such reliance on data makes healthcare providers attractive targets as they are more likely than other companies to give in to ransom demands to obtain keys to unlock their data. All businesses, and healthcare organizations especially, should implement a number of defenses to prevent ransomware attacks. Policies and procedures should also be developed to ensure that in the...

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WEDI Offers Healthcare Cybersecurity Tips to Improve Resilience Against Cyberattacks
Mar22

WEDI Offers Healthcare Cybersecurity Tips to Improve Resilience Against Cyberattacks

WEDI, the Workgroup for Electronic Data Interchange, has issued a new white paper exploring some of the common cybersecurity vulnerabilities that are exploited by threat adversaries to gain access to healthcare networks and patient and health plan members’ protected health information. The white paper – The Rampant Growth of Cybercrime in Healthcare – is a follow up to a primer released in 2015 that explored the anatomy of a cyberattack. WEDI points out the seriousness of the threat faced by the healthcare industry. Cyberattacks are costing the healthcare industry around $6.2 billion each year, with the average cost of a healthcare data breach around $2.2 million. Cyberattacks and other security incidents having risen sharply in recent years. More records are now being exposed than at...

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Snapshot of Healthcare Data Breaches in February 2017
Mar21

Snapshot of Healthcare Data Breaches in February 2017

The Protenus Breach Barometer healthcare data breach report for February includes some good news. Healthcare data breaches have not risen month on month, with both January and February seeing 31 data breaches reported. The report offers some further good news. Healthcare hacking incidents fell in February, accounting for just 12% of the total number of breaches reported during the month. There was also a major fall in the number of healthcare records exposed or stolen. In January, 388,207 healthcare records were reported as being exposed or stolen. In February, the number fell to 206,151 – a 47% drop in exposed and stolen records. However, February was far from a good month for the healthcare industry. IT security professionals have long been concerned about the threat from within, and...

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Back Up Drive Stolen: PHI of 1,291 Patients Exposed
Mar20

Back Up Drive Stolen: PHI of 1,291 Patients Exposed

The failure to encrypt backup data on a portable electronic device has resulted in the protected health information of 1,291 individuals being exposed. The device was stolen from Local 693 Plumbers, Pipefitters & HVACR Technicians, a member of the United Association of Journeyman and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada. The backup device was discovered to be missing on January 23, 2017 following a break-in at Local 693 offices the day before. An investigation revealed the device contained names, telephone numbers, addresses and Social Security numbers of current and former Plumbers & Pipefitters Local 693 Benefit Funds recipients and members of the Plumbers & Pipefitters Local 693 union. The theft has been reported to law...

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Alleged Social Media Retaliation by Doctor Breached HIPAA Privacy Rule
Mar20

Alleged Social Media Retaliation by Doctor Breached HIPAA Privacy Rule

A physician at the Dr. O Medical and Wellness Center in San Antonio, Texas allegedly retaliated against a patient by posting a video of the individual clad only in underwear on Facebook and YouTube. The doctor’s actions, which appear to be a clear violation of the HIPAA Privacy Rule, have resulted in her being sanctioned by the Texas Medical Board following a complaint by the patient. The patient, Clara Aragon-Delk, underwent a series of cosmetic surgery procedures starting in 2015. Non-invasive laser treatments were performed by Dr. Tinuade Olusegun-Gbadehan, and while consent was provided by the patient to have photographs and videos taken, authorization was only given for ‘anonymous use for the purposes of medical audit, education, and promotion.’ The images and video contained full...

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Snooping St. Charles Health System Employee Accessed Almost 2,500 Patient Records
Mar17

Snooping St. Charles Health System Employee Accessed Almost 2,500 Patient Records

The four-hospital St. Charles Health System in central Oregon has discovered an employee accessed the medical records of almost 2,500 patients without authorization over a period of 27 months from October 2014 to January 2017. On January 16, 2017, the unnamed caregiver was discovered to have improperly accessed the medical records of a single patient, prompting a review of her ePHI access logs. That investigation revealed that this was far from a one-off incident. The improper access dated back to October 8, 2014. During that time, the caregiver was found to have accessed 2,459 patient files with no legitimate work reason for doing so. When confronted about the improper access the female employee said she had accessed the records out of curiosity with no malicious intent. The health...

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New Mexico Data Breach Notification Bill Moves to Senate Judiciary Committee
Mar15

New Mexico Data Breach Notification Bill Moves to Senate Judiciary Committee

A new data breach notification bill has been unanimously passed by the New Mexico House of Representatives bringing New Mexico one step closer to becoming the 48th state to introduce data breach notification laws.  The bill (House Bill 15) – also known as the Data Breach Notification Act – was sponsored by Republican Rep. William R. Rehm of Bernalillo. The bill will now move on to the Senate Judiciary Committee. This is not the first time that a New Mexico data breach notification law has been sent to the Senate Judiciary Committee. Rehm previously sponsored a similar bill in 2015, yet on two occasions the Senate Judiciary Committee failed to pass the bill onto the senate. The new data breach notification bill covers a range of sensitive data, although medical and insurance...

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Lack of Email Encryption Exposes PHI of 644 Raising St. Louis Participants
Mar14

Lack of Email Encryption Exposes PHI of 644 Raising St. Louis Participants

644 participants of the Raising St. Louis program run by BJC HealthCare have been notified that some of their personally identifiable information has been exposed after it was discovered that protocols for sending sensitive information securely had not been followed. No Social Security numbers, financial information, or test results/treatment data were communicated via unencrypted email, although names, addresses, telephone numbers, dates of birth, visit dates, nursing notes, medication and vaccination information could potentially have been intercepted and viewed by unauthorized individuals. BJC HealthCare has established protocols for communicating sensitive information, although in January it was discovered that those protocols had not been used for communicating personally...

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Unencrypted Backup Drive Containing 7 Years of PHI Stolen from Denton Heart Group
Mar14

Unencrypted Backup Drive Containing 7 Years of PHI Stolen from Denton Heart Group

The danger of storing unencrypted protected health information has been highlighted by a recent security incident reported by Texas-based Denton Heart Group – A member of the Health Texas Provider Network. A hard drive containing 7 years of EHR backup data was recently discovered to have been stolen. While the device was stored in a locked closet, the data on the device were not encrypted. The breach report submitted to the Department of Health and Human Services’ Office for Civil Rights indicates 21,665 individuals were impacted by the breach. The backup files contained a treasure trove of patient data including names, addresses, phone numbers, dates of birth, Social Security numbers, driver’s license numbers, medical record numbers, insurance provider names and policy numbers,...

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68% of Healthcare Organizations Have Compromised Email Accounts
Mar10

68% of Healthcare Organizations Have Compromised Email Accounts

Evolve IP has published the results of a new study that has revealed the extent to which healthcare email credentials are being compromised and sold on the dark web. The FBI has also recently warned about Business Email Compromise (BEC). Email credentials are highly valuable to cybercriminals. A compromised email account can be plundered to obtain highly sensitive data and an email account can be used to gain access to healthcare networks. 63% of data breaches in the United States occur as a result of compromised email credentials and healthcare email credentials are being sold freely on the dark web. Evolve used its Dark Web ID analysis technology for the study and reviewed 1,000 HIPAA covered entities and business associates. Evolve discovered 68% of those organizations have employees...

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Email Error Impacts 6,500 Saliba’s Extended Care Pharmacy Patients
Mar10

Email Error Impacts 6,500 Saliba’s Extended Care Pharmacy Patients

Saliba’s Extended Care Pharmacy in Phoenix, Arizona is alerting more than 6,500 patients to an accidental disclosure of some of their protected health information (PHI). Copies of invoices for December 2016 were sent via Saliba’s Pharmacy’s encrypted email platform to the wrong patients in January. While there is no chance that the emails could have been intercepted by unauthorized individuals, the emails were opened by three patients or their representatives. The incident occurred on January 12, 2017, and Saliba’s Pharmacy discovered the error four days later on January 16. Since HIPAA Rules and patient privacy were accidentally violated, breach notification letters were sent to patients on March 3 to alert them to the incident. Patients have been advised to exercise caution and check...

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Updated HIPAA Compliance Audit Toolkit Issued by AHIMA
Mar07

Updated HIPAA Compliance Audit Toolkit Issued by AHIMA

Phase 2 of the Department of Health and Human Services’ Office for Civil Rights HIPAA compliance audits are now well underway. Late last year, covered entities were selected for desk audits and the first round of audits have now been completed. Now OCR has moved on to auditing business associates of covered entities. At HIMSS17, OCR’s Deven McGraw explained that the full compliance audits, which were initially penciled in for Q1, 2017, are to be delayed. This gives covered entities more time to prepare. The phase 2 HIPAA compliance desk audits were more detailed than the first phase of audits conducted in 2011/2012. The desk audits covered a broad range of requirements of the HIPAA Privacy, Security, and Breach Notification Rules, although they only consisted of a documentation check to...

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Improper Disposal of PHI Discovered by Minneapolis Heart Institute
Mar06

Improper Disposal of PHI Discovered by Minneapolis Heart Institute

A member of a cleaning crew at the Minneapolis Heart Institute at Abbott Northwestern Hospital accidentally disposed of documents containing PHI with regular trash. Minneapolis Heart Institute has policies and procedures in place that require all documents containing sensitive patient health information to be securely destroyed in accordance with HIPAA Rules. However, a member of the cleaning team was discovered to have emptied a trash container from a physician’s private office before documents could be securely shredded. The incident was discovered on January 20, 2017, although not in time for the documents to be recovered and securely destroyed. The documents had been emptied into a bin bag which was placed in a regular recycling dumpster at the hospital. It is unclear at this stage...

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Healthcare Employee Accessed ePHI Without Authorization for 5 Years
Mar06

Healthcare Employee Accessed ePHI Without Authorization for 5 Years

Healthcare professionals must have access to the protected health information of patients in order to provide medical care and perform healthcare operations. Since access to data can be abused by rogue employees, it is essential that controls are put in place to alert healthcare organizations rapidly when improper access occurs. Rapid identification of improper access can greatly reduce the harm caused. In many cases, improper access is discovered during routine audits of access and application logs. When those audits are conducted on an annual basis, employees may be found to have been improperly accessing patient data for many months. Last month, Chadron Community Hospital and Health Services in Nevada discovered that a rogue employee had been accessing ePHI without any legitimate work...

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AHIMA Publishes New Resource Confirming Patients’ PHI Access Rights under HIPAA
Mar02

AHIMA Publishes New Resource Confirming Patients’ PHI Access Rights under HIPAA

The Health Insurance Portability and Accountability Act (HIPAA) permits patients to obtain a copy of their medical records in electronic or paper form. Last year, the Department of Health and Human Services released a series of videos and documentation to explain patients’ right to access their health data. Yesterday, the American Health Information Management Association (AHIMA) also published guidance – in the form of a slideshow – further explaining patients’ access rights, what to expect when requests are made to healthcare providers, possible fees, and the timescale for obtaining copies of PHI. AHIMA explains that copies will not be provided immediately. Under HIPAA Rules, healthcare providers have up to 30 days to provide copies of medical records, although many will issue...

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Simplified HITRUST CSF Program Helps Small Healthcare Organizations with Compliance and Risk Management
Mar02

Simplified HITRUST CSF Program Helps Small Healthcare Organizations with Compliance and Risk Management

HITRUST has announced that it has updated the HITRUST CSF and has also launched a new CSF initiative specifically for small healthcare organizations to help them improve their resilience against cyberattacks. While the HITRUST CSF – the most widely adopted privacy and security framework – can be followed by healthcare organizations to improve their risk management and compliance efforts, for many smaller healthcare organizations following the framework is simply not viable. Smaller healthcare organizations simply don’t have the staff and expertise to follow the full HITRUST CSF framework. While the HITRUST CSF program is beneficial for smaller healthcare organizations, they do not face the same levels of risk as larger organizations. Given that the risks are lower and the requirements to...

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