Following a very quiet start to HIPAA settlement activity in 2020, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) recently announced eight settlements with covered entities and business associates.
The most recent of these announcements involves the second-largest HIPAA settlement amount in OCR’s history, amounting to $6.85 million.

On February 7, 2019, the Office of Civil Rights (OCR) of the U.S. Department of Health and Human Services published the resolution agreement for its final HIPAA settlement of 2018. The resolution agreement cited two breach notifications that OCR received from the parent of several hospitals in California. In 2013, the provider notified OCR of a breach that occurred when one of its contractors removed electronic security protections from a server. This breach affected more than 50,000 individuals. In 2015, the provider submitted notice of a second breach, this one resulting from an employee’s activation of the wrong website, affecting more than 11,000 individuals.
The Office of Civil Rights of the Department of Health and Human Services has announced settlements with three different Boston-area hospitals for allegedly compromising the privacy of protected health information by inviting documentary film crews on premises without first obtaining patient authorization. The three settlements call for a total of almost $1 million in penalty payments and require each of the hospitals to undertake corrective action. The corrections are not the same for each hospital and range from workforce education and communication to the establishment of specific procedures, for example, for deciding when to allow media access and for putting safeguards in place to monitor film crew activity.
The Departmental Appeals Board of the Department of Health and Human Services (“Board”) has granted summary judgment against the University of Texas MD Anderson Cancer Center (“Center”) and upheld the imposition of $4.3 million dollars in penalties against the Center for violations of HIPAA’s privacy and security rules. In this case, the personal medical data of more than 33,000 individuals was exposed through the theft of a laptop and the loss of unencrypted thumb drives. None of these devices was encrypted, and the laptop was not password protected.