electronic protected health information

Privacy and cybersecurity is at the forefront of everyone’s mind these days and, in 2018, the Office for Civil Rights (“OCR”) settled ten cases and prevailed in another before an Administrative Law Judge to the tune of $28,700,000. This is a new record for OCR, besting 2016 by over $5,000,000. The latest settlement clocked in at $3,000,000, owed by a health system in California that experienced two breaches of electronic protected health information (“ePHI”), which affected 62,500 individuals.  The first breach involved a security configuration where persons could access files with ePHI without a username or password, thereby making ePHI available to anyone with access to the health system’s server.  The second breach involved a server misconfiguration, exposing the health system’s ePHI over the internet, including social security numbers and treatment information. Continue Reading HIPAA Enforcement In 2018 Hits All Time High

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. Continue Reading Another HIPAA Breach, Another 6-Figure HIPAA Settlement