The Request for Information on Modifying HIPAA Rules to Improve Coordinated Care is slated for publication in the federal register tomorrow.  The Department of Health and Human Services’ Office for Civil Rights (OCR) issued an advance copy of the RFI yesterday.  Specifically, “OCR seeks information on the provisions of the HIPAA Rules that may present obstacles to, or place unnecessary burdens on, the ability of covered entities and business associates to conduct care coordination and/or case management, or that may inhibit the transformation of the health care system to a value-based health care system.”  The public comment period closes 60 days from December 14, 2018.
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On Monday, the U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) announced a $125,000 settlement with a three-physician allergy practice in Connecticut for HIPAA Privacy Rule violations.  According to OCR’s press release and corrective action plan, a physician responded to a reporter’s questions about the allergy practice turning away a patient with a service animal.  While the allergy practice had HIPAA policies and procedures in place, the involved physician did not adhere to the policies.  Further, once OCR uncovered the issue, it also found that the practice failed to sanction the involved physician in accordance with its policies.
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CMS recently sent a proposed request for information (RFI) to the Federal Office of Management and Budget (OMB) for review.  The RFI would seek feedback on whether provisions of HIPAA present barriers or otherwise discourage coordination of care among providers, payors and patients.  The RFI also seeks feedback on whether HIPAA “impede[s] the transformation to

We’re all guilty of it.  We keep things that we don’t need, like that pair of stone-washed jeans from 1992 that you hope will come back into style or your beanie baby collection that you blindly believe might be worth something someday.  While our inability to purge old stuff from our closets may cost us closet space, the repercussions for an organization that hoards data are far more significant.  From a cybersecurity perspective, the more personal information a company maintains, the more information it has to lose.  Consequently, the more information a company loses, the higher the financial and reputational costs.

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More than three years ago, Anthem, Inc. reported to the U.S. Department of Health and Human Services, Office for Civil Rights (OCR) that it suffered a cyber attack compromising the protected health information of nearly 79 million individuals. This breach continues to be the largest breach of protected health information to date.  Yesterday, OCR announced its record-breaking $16 million settlement with Anthem related to the massive breach. 
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In the first installation of our weekly series during National Cybersecurity Awareness Month, we examine information security plans (ISP) as part of an overall cybersecurity strategy.  Regardless of the size or function of an organization, having an ISP is a critical planning and risk management tool and, depending on the business, it may be required by law.  An ISP details the categories of data collected, the ways that data is processed or used, and the measures in place to protect it.  An ISP should address different categories of data maintained by the organization, including employee data and customer data as well as sensitive business information like trade secrets.
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In recognition of National Cybersecurity Awareness Month, each Friday this October, we will highlight a different step that organizations can take to increase awareness of potential cyber threats, reduce the risk of a cyber attack or minimize damage from an attack.  All four steps are solutions that all organizations, regardless of size or budget, can implement. Specifically, over the course of the month we will examine information security plans, training, vendor due diligence and data retention and destruction, as tools organizations can use to arm themselves to both prevent and in the event of a cyber attack. 
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Just days before the EU Commission reassesses the EU-US Privacy Shield program in light of the EU Parliament’s recent adequacy criticisms, the Federal Trade Commission (FTC) announced settlements with four companies allegedly falsely claiming participation in the program.  One of the issues the EU Parliament cited this summer with the EU-US Privacy Shield program was lack of US oversight and enforcement.
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The California Attorney General’s office reported today that Uber will pay $148 million to resolve claims related to a 2016 data breach that Uber concealed.  In addition to failing to report the breach, Uber paid the hackers $100,000 as part of the cover-up.  The breach involved the information of 57 million customers and drivers.  According