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HL Chronicle of Data Protection Privacy & Information Security News & Trends

Tag Archives: health and human services

Posted in Consumer Privacy, Cybersecurity & Data Breaches, News & Events

Combatting the Massive Wave of WannaCry Ransomware

Major companies, health care organizations and government agencies are facing a wave of cyberattacks involving ransomware that takes control of computers and denies access until a ransom is paid. These attacks are occurring on a global scale and in some cases are having a significant impact on business and healthcare operations. The cyberattack has disrupted targets throughout the world from Britain’s National Health Service to US Fortune 500 companies, the Russian Foreign Ministry, and universities in China.

Posted in Health Privacy/HIPAA

New York Regulators Lead the Charge to Fill Health Data Protection Gaps Left by Federal Law

After a year-long investigation into mobile health apps claiming to be able to measure vital signs or health indicators through smartphone sensors, the New York Attorney General settled claims against three developers alleged to have engaged in “misleading” marketing claims and “irresponsible” privacy practices. Mobile health apps Cardiio and Runtastic claimed that their apps effectively and accurately measured heart rate after vigorous exercise using only a smartphone camera and sensors. The third, Matis, claimed that its app transformed a smartphone into a fetal heart monitor. Concerned that unregulated apps claiming to measure key vital signs and other health indicators may harm consumers if the apps provide inaccurate or misleading results, NY AG Eric Schneiderman brought enforcement actions against the trio of developers.

Posted in News & Events

Your Cyber Minute: Watch Our Topline Digest of Today’s Cybersecurity Issues

With cybersecurity issues evolving rapidly, every minute counts. Our new video series, Your Cyber Minute, is specifically designed for busy in-house counsel to gain practical perspectives – fast. This multi-part series is an extension of our Ready, Set, Respond resource portal and highlights today’s hottest topics in cybersecurity. Tune in to watch the first two installments and get the latest in what you need to know and how to better be prepared.

Posted in Health Privacy/HIPAA

New HHS Guidance Makes Clear HIPAA Applies in the Cloud

Cloud service providers are on notice: you are HIPAA business associates, even if you are unable to access the HIPAA protected information in your cloud. The Department of Health and Human Services Office for Civil Rights released guidance making clear that cloud service providers that create, receive, maintain, or transmit electronic protected health information are covered by HIPAA.

Posted in Cybersecurity & Data Breaches, Health Privacy/HIPAA

OCR Emphasizes Security Obligations of Business Associates with Latest Enforcement

The Department of Health and Human Services Office for Civil Rights is taking an aggressive stand on HIPAA enforcement and targeting violations related to security risk assessments and business associate agreements. Three resolution agreements posted in the last month make clear that the agency expects entities subject to HIPAA to take appropriate steps to secure their data, regardless of the size or type of the entity.

Posted in Cybersecurity & Data Breaches, Health Privacy/HIPAA

HHS Issues New Guidance on Ransomware and HIPAA

The Department of Health and Human Services released guidance on July 11, 2016, intended to help the healthcare industry prepare for and respond to ransomware attacks. Specifically, this guidance clarifies: (1) that a ransomware attack is considered a “security incident” under HIPAA, and (2) that a ransomware attack will typically be considered a “breach” by HHS unless entities are able to demonstrate that there is a “low probability of compromise.” The guidance also clarifies that covered entities must implement the same risk assessment processes as they would with other types of cyber threats, including malware. At a time when ransomware attacks are on the rise, this guidance heightens the potential regulatory enforcement consequences of these events.

Posted in News & Events

Hogan Lovells Brings Together Industry and Government Leaders for Second Annual Health Privacy Law Forum

Hogan Lovells hosted the second annual Health Privacy Law Forum for health privacy professionals yesterday. Participants spoke with Deven McGraw, Deputy Director of Health Information Privacy at the U.S. Department of Health and Human Services Office for Civil Rights , and former Federal Trade Commissioner Julie Brill, now a partner at Hogan Lovells and co-chair of its Privacy and Cybersecurity practice.

Posted in Health Privacy/HIPAA

OCR Releases Updated Audit Protocol

The revamped audit protocol for the upcoming HIPAA Phase 2 audits has been released by the US Department of Health and Human Services Office for Civil Rights. The audit protocol, which is posted on the HHS website, includes new requirements added by the 2013 Omnibus Final Rule for HIPAA covered entities and business associates. The Phase 2 audits will be more focused, and the stakes will be higher: the agency has indicated that audits may, in certain circumstances, lead to full compliance reviews—with the potential for fines or settlement agreements related to alleged HIPAA noncompliance. In addition, business associates will be subject to HIPAA audits for the first time.