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Privacy Law Blog

Tag Archives: PHI

Keep An Eye On Those Shiny, New Mobile Devices!

Posted in Data Breaches, HIPAA, Medical Privacy, Mobile Privacy, Workplace Privacy

As physicians, nurses, therapists and health care providers continue to utilize new smart phones, tablets, and laptops in caring for patients, the Department of Health and Human Services (“HHS”) has responded with educational videos, worksheets and guidance to help health care providers  create a “culture of compliance and awareness” and to protect patients’ Protected Health… Continue Reading

New York Court Finds Clinic Not Liable for Employee’s Disclosure of PHI

Posted in Medical Privacy

A federal district court dismissed an action against an employer alleging vicarious liability for an employee’s dissemination of a patient’s protected health information (PHI) related to treatment for a sexually transmitted disease (STD). Specifically, the court found that the employer, a private New York medical clinic, was not vicariously liable for the actions of the employee because the employee was acting in a personal capacity which was beyond the scope of her employment.

Decrypting HHS Guidance on Breach Notification and Security under the HITECH Act: NIST, FIPS, and More

Posted in Medical Privacy, Security Breach Notification Laws

Two months after Congress mandated notification for the breach of unsecured protected health information (PHI), the Secretary of Health and Human Services (HHS) defined what it means to be “unsecured.” As required by Section 13402 of the HITECH Act, H.R. 1, 111th Cong. (1st Sess. 2009) (which was part of the American Recovery and Reinvestment Act of 2009), the Secretary issued guidance and a request for comments on the technologies and methodologies rendering information unusable, unreadable or indecipherable. 74 Fed. Reg. 19006 (Apr. 27, 2009) (to be codified at 45 C.F.R. pts. 160, 164).

HHS Enters Into First Monetary Settlement Under HIPAA

Posted in Medical Privacy

On July 15, 2008, the U.S. Department of Health & Human Services (“HHS”) entered into its first Resolution Agreement with a HIPAA-covered entity to settle alleged violations of the privacy and security regulations promulgated under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). Pursuant to the Resolution Agreement, a Seattle-based not-for-profit health system, Providence… Continue Reading