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January 20, 2020

The Health Insurance Portability and Accountability Act (“HIPAA”) and its 2009 Amendment and implementing regulations are a source of continuing compliance issues for health care providers and their business associates.  It is more likely than not that your organization will eventually experience a data breach.  The question is whether your organization will be prepared for the potential consequences.

Before delving further, it is worth noting that a breach should not be synonymous with blame or wrongdoing.  A breach under HIPAA is defined as “the acquisition, access, use, or disclosure of protected health information [“PHI”]  in a manner not permitted [under the HIPAA Privacy Rule] whic...

February 27, 2018

        Earlier this month, the Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) announced a $3.5 million HIPAA settlement with Fresenius Medical Care North America (“Fresenius”), a company which focuses on delivering care to patients with renal and other chronic conditions. Fresenius provides centralized support to a network of Fresenius Covered Entities (“Fresenius Facilities”).

        In 2013, Fresenius reported five separate breaches which occurred in between February 2012 and June 2012. All five breaches were the result of lost or stolen devices and ePHI not being encrypted. Device theft and unencrypted data are two of the biggest causes of...

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