Following on the heels of a few relatively small HIPAA settlements, the U.S. Department of Health and Human Services Office of Civil Rights (OCR) announced that it has imposed $2,154,000 in civil monetary penalties against Jackson Health System in Florida for its failure to meet HIPAA privacy and security requirements.  The OCR announcement and accompanying

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.
Continue Reading Appeals Board Upholds $4.3 Million in HIPAA Penalties Against Hospital

A celebrity collapses on stage and is rushed to the hospital. Rumors race through social media faster than the ambulance can navigate city streets. Was it exhaustion? Was it her heart? Was there a gunshot? The press broadcasts through the night outside the ER. You are a hospital administrator who has access to information about the celebrity’s medical condition and treatment. You stay past your shift until the patient’s condition is stable and the 11 p.m. news reports have finished. You exit through a side door to avoid attention, but a man comes up alongside you. You know him from some prior incidents. He is an insurance investigator for the arena where the celebrity was performing. He asks you questions, seeking to confirm facts for a preliminary report he is filing.  All of the facts that he recites about the celebrity’s condition are true. All of them have been widely reported already. You keep quiet.

You have been well trained. That is what you should do.
Continue Reading HIPAA: Privacy Required, Even When Information Goes Public

Filefax, Inc., a health care records moving and storage company that served as a business associate, went into receivership in 2016.  But its receivership did not put an end to an OCR investigation into a HIPAA violation from 2015. Now, the receiver for Filefax has agreed to pay a fine of $100,000 and to properly store, inventory, and dispose of the medical records remaining in its possession under HHS supervision.

The investigation began with a complaint that OCR received about the exposure of a large volume of documents containing protected health information.  The investigation confirmed that an individual had left medical records of approximately 2,150 patients at a shredding and recycling facility and that Fllefax had either left the PHI in an unlocked truck in the Filefax parking lot or granted permission to a person to remove the PHI from Filefax and left the PHI, unsecured, outside the Filefax facility for that person to collect.
Continue Reading Closure of Business Does Not Foreclose HIPAA Liabilities