Archives: Data Protection

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How To Avoid Paying $2,000 A Day To Encrypt ePHI

Let’s hope you don’t pay that much to encrypt electronic Protected Health Information (ePHI). How about a total of $4.3 million over two years? Well, that’s the total penalty for encryption violations assessed by Health and Human Services (HHS). An Administrative Law Judge found the penalty could have been much worse. The facts are sobering. … Continue Reading

Law360 Expert Analysis: Health Tech Is The New Focus For Cybersecurity Policy

In a May 22, 2018 article that appeared in Law360 Expert Analysis piece, Squire Patton Boggs partner Elliot Golding writes, “There is no shortage of attention on health care data privacy and cybersecurity, with an avalanche of new and proposed government and regulatory initiatives underway. Although health care has long been a key target for … Continue Reading

New EU Strategy on Artificial Intelligence

On Wednesday 25 April, the EU Commission unveiled a new strategy to boost Europe’s capabilities and related industries around artificial intelligence. As you know, this is a “hot topic” that has the potential to affect many businesses and sectors across Europe and beyond. Many of our clients are very interested in this technology development (and … Continue Reading

Key Health Care Technology Privacy and Cybersecurity Considerations

In a podcast interview with Healthcare InfoSecurity, Squire Patton Boggs Partner Elliot Golding addresses evolving healthcare privacy and security issues, particularly complex issues involving Internet of Things (IoT) devices.  This includes addressing new risks when connected devices link to legacy systems, the applicable regulatory environment, and other key issues companies operating in the health care … Continue Reading

EU’s proposed eHealth measures focusing on broadening the availability and sharing of health data

On 25 April 2018, the European Commission (EC) issued a Communication on enabling the digital transformation of healthcare, outlining the European Union’s (EU) priorities and actions towards digital health. The EU’s plan focuses on the following core priorities: Ensuring citizens’ access to their health data and introducing the possibility to share their data across borders; … Continue Reading

HHS OCR Issues New Research Guidance

As part of its ongoing implementation of the 21st Century Cures Act (Public Law 114-255), the Department of Health and Human Services last month released a number of new HIPAA guidance tools, including additional information about research uses and disclosures.  The research guidance contains helpful tips for covered entities regarding authorizations, revocations, and “reviews preparatory … Continue Reading

HHS Task Force Identifies Critical Cybersecurity Recommendations

The recent WannaCry ransomware attack and the bevy of breaches over the past few years demonstrate that cyber risks in the healthcare arena are substantial and widespread. The Department of Health and Human Services (HHS) Health Care Industry Cybersecurity (HCIC) Task Force Report (HCIC Report), required under the federal Cybersecurity Information Sharing Act of 2015, … Continue Reading

HHS Announces $400,000 HIPAA Settlement with Community Health Center

The Department of Health and Human Services Office of Civil Rights (HHS OCR) recently settled with a notable covered entity – a nonprofit Federally Qualified Community Health Center (FQHC) – over alleged Health Information Portability and Accountability Act (HIPAA) Privacy and Security Rule violations. With the FQHC agreeing to pay $400,000 to HHS and entering … Continue Reading

Ransomware Scandals Rock Hospital Systems; HHS’ Proposed Rule May Help

Hospital systems are on notice for ransomware attacking their health IT systems after three hospital systems are reported to be victims of computer viruses.   In response, one hospital system paid almost $17,000 in Bitcoin to retrieve their EHR, while the other two hospital systems worked off paper records and backup systems for a few days … Continue Reading

Malicious Malware Brings On a Major HIPAA Headache

The United States Department of Health and Human Services (HHS) recently entered into a $750,000 resolution agreement with the University of Washington (UW) following an investigation.  The investigation was prompted by UW reporting a breach of about 90,000 people’s personal health information (PHI) after an employee unknowingly downloaded malicious malware from an email attachment. Similar … Continue Reading

Thinking About Cybersecurity – How to Get Organized & Better Manage Risk

Another month, another round of data breaches – seem like a familiar refrain when healthcare providers, health plans and their counsel think about cybersecurity?  But what if instead we could get organized and manage this growing business risk in a more proactive manner? It sounds like a good idea, but for many counsel, who view … Continue Reading

Anthem Data Breach: A Dramatic Reminder about Data Security

News of the data breach suffered by Anthem continues to dominate the news (here, here, and here for example).  And, further raising the stakes, class action lawsuits from individuals whose information has potentially been compromised are beginning to roll into courthouses across the country (California, Alabama, Indiana, Georgia, California (again), and California (again)).  Because health care data is such a … Continue Reading

Florida’s New Data Breach Notification Law Shortens the Time Period for Reporting Data Breaches

Florida enacted a new data breach reporting law, the Florida Information Protection Act (“FIPA”), which will affect most, if not all, healthcare businesses.  The law became effective the first of this month (July 1, 2014).  The deadline for data breach reporting under FIPA is now 30 days, shortened from 45 days in the previous version … Continue Reading

Best Practice on Data Privacy

 Most organizations would agree that data privacy must be treated as a priority issue, not least because of the financial and reputational consequences of a data breach.  Squire Patton Boggs has a global team of specialists advising clients on local and global data issues. Two members of our team, Tom Zeno and Lindsay Holmes have written a two … Continue Reading
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