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Well, the obvious answer is that acting as Dr. No can impede innovation and delivery of business value, not to mention its career limiting affects. If you are associated with the Healthcare industry, you are witnessing the biggest transformation any industry has gone through. Whether you are a CISO at a Provider, a Payer, or a Healthcare Business Associate (BA), there’s little resembling business as usual. So much is changing so fast that the goal posts for meeting your security & privacy obligations and keeping your patients and members’ data secure seem farther than ever before. You are expected to be an enabler of sharing ever-larger amounts of sensitive patient & member data with authorized entities, not a blocker.Read More »
I recently returned from the weeklong Gartner Group 2013 Symposium/IT Expo in Orlando where over 12,000 CIOs and IT professional from across many industries, including Healthcare were in attendance. Healthcare CIOs are expected to use innovation and use emerging technologies to become data brokers and data stewards in the new brave world of connected and mobile healthcare services delivery.Read More »
If you are the adventurous type you might appreciate a blind date now and then for the mystery it can offer but the same is never true when the blind date is with a regulator. The anxiety of not knowing your obligations and consequences well in advance of the date can be brand and even career threatening. While the 9/23/2013 enforcement date was rapidly approaching, I found myself spending time handling many calls from privacy officers and CISOs who are using our RADAR data incident management software.Read More »
Since the publication of the Final Breach Notification Rule in March 2013, there has been rampant speculation about the impact of the rule on the number of health care data breaches. Would the rule’s new “compromise” standard cause the trajectory of reported breaches to change significantly as of 9/23/2013-- the enforcement date?Read More »
In part 1 of my analysis of the HIPAA final breach notification rule I focused on the implications for covered entities and business associates of the change to the definition of “breach.” The revised definition removed the controversial “risk of harm” language and instituted an incident specific risk assessment requirement. According to HHS, the harm threshold was giving covered entities too much flexibility to apply their own perception of whether the incident could harm the affected patients. The focus of this Part 2 analysis is on the practical choices facing covered entities to comply with the newly minted “compromise” standard and the associated risk four factors.Read More »
In 2012 there were a number of states, which made changes to their breach laws including Connecticut, Texas and Vermont. The most noteworthy was Texas' House Bill 300, which amended the state's existing data breach law effective September 1, 2012, requiring covered entities in Texas to notify affected individuals regardless of their state of residency. This is ground breaking because it is the first time that a state has expanded the reach of its obligations beyond its own borders by basically saying that the obligations of a breached entity that does business in the state does not stop at the borders of the state but it follows the affected patients where ever they may reside.Read More »
At ID Experts we have been helping identity theft victims and patients protect and restore their identities for over a decade. It is our mission after all. It shapes our company culture and values. We know very well that identity theft and medical identity theft are growing problems. So what are the risks to patients’ identity in the healthcare setting and how to we protect against these risks? We know intuitively that prevention is the best medicine but how can we truly prevent a problem with so many root causes—some intentional but most unintentional?Read More »
Today we announced the availability of the latest release of our ID Experts RADAR 2.5, our HIPAA and States data breach risk assessment and incident management software. The timing of this release also coincides with the recent publication of the HIPAA Final Breach Notification Rule as part of the HIPAA Omnibus rule. I want to congratulate my team and our clients including hospitals, health plans and insurance carriers who have contributed significantly to this release through their participation in our Beta testing and feedback process.Read More »
The HIPAA Final Rule is finally here, which means the end of uncertainty about the future of the controversial “risk of harm” assessment introduced by the Interim Final Rule (IFR). Now it is time to analyze the Final Rule and get on with the preparations for compliance. The focus of this analysis is on the implications for covered entities and business associates of the change to the definition of “breach.” The definition removed the controversial “risk of harm” language without compromising the spirit of the HITECH Act, which is to mitigate harm to individuals. This article will cover:Read More »
The governor of South Carolina wants the hacker(s) that got away with sensitive information on millions of state's residents slammed against the wall! You can bet that three quarter of the state's residents whose unencrypted social security numbers were stolen, would like to do the same. The bad news is that it looks like the attack came from a foreign country so no slamming is the cards. Unlike the governor, I suspect that the residents also would like to slam those responsible for protection their highly sensitive data as more information gets out about the lack of basic safeguards that could've significantly reduced the risk of harm to those affected. I say the chance of finding someone to slam here is betterRead More »
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