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Based on the decision in a recent Connecticut Supreme Court case, patients may now sue physicians for breaching confidentiality. Previously, Connecticut did not recognize breach of confidentiality as a cause of action. The unauthorized disclosure at the heart of Byrne v. Avery Center for Obstetrics and Gynecology, P.C. involved a provider’s response to a subpoena. Subpoena compliance has long been an area of confusion for providers. After Byrne, not only must providers pay special attention when responding to subpoenas but now they must also worry about broader breach of confidentiality claims by patients. Continue Reading Connecticut Recognizes New Cause of Action for Breach of Patient/Physician Confidentiality

Providers Beware: OCR Published Three HIPAA Settlements in Two Weeks, Signaling a Ramp Up of HIPAA Enforcement Activity:

Make sure risk assessments, business associate agreements and policies & procedures are in place and up to date.

In a two week period, the United States Department of Health and Human Services, Office for Civil Rights (OCR) published settlements with three different health care providers for violations of HIPAA. The settlements were not insignificant, ranging from $31,000 for a small physician practice, to $400,000 for a federally qualified health center (FQHC), to $2,500,000 for a wireless health services provider. Each of these violations and subsequent settlements should act as a cautionary tale to providers, both large and small, that they must continue to be vigilant in their HIPAA compliance efforts. Continue Reading OCR Published Three HIPAA Settlements in Two Weeks, Signaling a Ramp Up of HIPAA Enforcement Activity