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So you find yourself in the debacle of a data breach? Where in the world do you begin? Your management team is sending you emails left and right, meetings have started to run amok, and you haven’t had lunch in the last two days.Read More »
The US Department of Health and Human Services issued the long-awaited final omnibus rule under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) on January 17th,2013. This ruling set a federal level baseline for US healthcare privacy.Read More »
As we enter summer this year, it is just a short few months to September 23, 2013. And so what is special about that date? That is when HIPAA business associates, those organizations that work with healthcare providers, health plans, and others who are exposed to sensitive patient data (protected health information, or PHI), are required to comply with new privacy, security and breach notification rules from the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR). Known as the HIPAA Omnibus Final Rule.Read More »
Employee perceptions and satisfaction will be swayed during a breach, whether it is a security break-in or a system hacking. Employees fear not only for their personal information and job security, but now their trust in the company has also been altered.Read More »
Although covered entities (CEs) have been required since 2009 to notify affected individuals and the government, when appropriate, of breaches of unsecured protected health information (PHI), the so-called “harm” standard that triggers notice no longer exists under the new final regulations. Or does it?Read More »
Well it’s that time of year again when all the key players of the cyber liability insurance world arrive in Philadelphia. Net Diligence works closely with HB Litigation conferences to get more than 300 attendees to the Cyber Risk & Privacy Liability Forum on June 6-7 which is sure to be another great event.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 »
Our existence as a consumer society has led us to our current big data reality. Everything about us is compiled, categorized, sorted, analyzed, often with our permission, though the knowledge of what we’re doing has largely been hidden in the fine print, if shared at all. In exchange for dense digital dossiers of our lives, we often get a coupon or an offer, matched just for us, from the logs maintained about our lives. And this is just the mild form of big data’s usage.Read More »
The May 7th Federal Trade Commission (FTC) Senior Identity Theft: A Problem in This Day and Age panelists related that seniors are often preferred targets, especially for medical identity theft. Fraudsters, who may include unscrupulous relatives and/or caregivers, view these individuals as more trusting, less financially sophisticated and less likely to report the crime because they fear family members may think they cannot maintain their independence. Panel members discussed the many still unanswered questions regarding how to prevent tax and government benefits fraud, medical identity theft, and identity theft in long-term care, and how to reach older consumers.Read More »
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