A Colorado Hospital reached an $111,400 settlement with the Office for Civil Rights (“OCR”) for failing to terminate a former employee’s access to electronic protected health information.  OCR’s investigation uncovered that the hospital impermissibly disclosed electronic protected health information of over 500 individuals to the former employee because it failed to terminate that employee’s access.  Additionally, OCR found that the hospital impermissibly disclosed information to Google Calendar, without a business associate agreement.  There are two main takeaways here.

First, with the New Year around the corner, it would be a great time to reexamine your HIPAA policies and procedures.   OCR makes clear that it does not take a breach of protected health information in order to be subject to an enforcement action.  Rather, OCR’s Director states that:  “Covered entities that do not have or follow procedures to terminate information access privileges upon employee separation risk a HIPAA enforcement action. “ Therefore, all organizations must ensure that they have proper procedures and safeguards in place for when employees leave.

Second, covered entities must have business associate agreements in place with all organizations, even web-based platforms, which will maintain, use or disclose electronic protected health information.  As a prophylactic measure in the new year, we recommend conducting an audit of your organization’s vendor agreements, examining (1) whether the vendor maintains, uses or discloses protected health information and (2) if so, whether there a compliant business associate agreement in place.

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Photo of Daniel J. Kagan Daniel J. Kagan

Dan Kagan is an Associate in the Health Care, Long Term Care and Privacy and Cybersecurity Groups. He represents hospitals, physicians, nursing homes, assisted living communities, CCRCs and other health care clients with a wide range of regulatory, compliance, risk management, transactional and…

Dan Kagan is an Associate in the Health Care, Long Term Care and Privacy and Cybersecurity Groups. He represents hospitals, physicians, nursing homes, assisted living communities, CCRCs and other health care clients with a wide range of regulatory, compliance, risk management, transactional and reimbursement issues.

With regard to Privacy and Cybersecurity, Dan has experience drafting privacy policies and notices, website terms of use, written information security plans and incident response plans.  Dan counsels clients on compliance issues related to state, federal and international privacy laws including the General Data Protection Regulation (GDPR).  Dan also has experience representing both health care and non-health care clients that have suffered data breaches and assists such clients with breach response and applicable reporting obligations.  Dan writes extensively on privacy and cybersecurity issues and is a co-editor of Murtha’s Privacy and Cybersecurity Perspectives blog.

As a member of the Health Care and Long Term Care groups, Dan has experience representing clients with HIPAA compliance, Stark and anti-kickback analyses, purchase and sale transactions, reviewing and drafting contracts, certificate of need requirements, rate appeals, Medicare and Medicaid audits, medical staff and credentialing matters, licensing and change of ownership proceedings.

Prior to joining Murtha Cullina, Dan clerked for the Honorable Lubbie Harper, Jr. and the Honorable Joseph H. Pellegrino of the Connecticut Appellate Court.

Dan received his J.D. with honors from the University of Connecticut School of Law where he was a Notes and Comments Editor for the Connecticut Insurance Law Journal. He earned his Bachelor of Arts in Economics from McGill University.