Archives: HIPAA

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HIPAA as a Standard of Care for Common Law Negligence Claims

Because the Health Insurance Portability and Accountability Act (“HIPAA”) does not provide a private right of action, plaintiff’s attorneys have sought a means to link HIPAA violations to other state or federal legal frameworks which do provide direct recourse for private individuals.  A recent ruling by the Connecticut Supreme Court may open new avenues of … Continue Reading

Massachusetts Continues Aggressive Information Security Enforcement Agenda

On July 23, 2014, the Massachusetts Attorney General announced a consent judgment with Women & Infant’s Hospital of Rhode Island (“WIH”) to resolve allegations that it violated federal and state information security laws when it lost backup tapes.  The backup tapes, allegedly containing sensitive personal information and protected health information of 12,127 Massachusetts residents, were … Continue Reading

Survey: Medical ID Theft Now Fastest Growing Fraud

Medical and healthcare-related security and privacy concerns have been front page news in 2013, especially with recent launches of federal and state medical healthcare exchanges and changes stemming from the “HIPAA Omnibus Final Rule” enacted early this year that went into effect as of September 23rd.  In a timely and notable report, the Ponemon Institute … Continue Reading

New HIPAA/HITECH Rules Implementation Roadmap: Countdown Begins to September 23, 2013 Compliance Deadline

Last week marked the effective date of the Department of Health and Human Services (HHS) Office of Civil Rights comprehensive modifications to the HIPAA Privacy, Security, Enforcement and Breach Notification Rules (“the Rules”).  The arrival of the effective date commences the 180-day period for covered entities to come into compliance with most of the Rule’s … Continue Reading

HHS Release Final Omnibus Rule Under the Health Insurance Portability and Accountability Act of 1996 (HIPAA)

Yesterday, the U.S. Department of Health and Human Services (HHS) released the long awaited final omnibus rule under the Health Insurance Portability and Accountability Act of 1996 (HIPAA).   The full text of the  Final Rule can be found HERE.  The InfoLawGroup is analyzing the 500+ page document and will be posting on the changes in … Continue Reading