HIPAA

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Like many federal statutes, the Health Insurance Portability and Accountability Act of 1996 (HIPAA) contains a provision governing how the statute is designed to interact with similar or otherwise related state laws.  When this type of provision is used to override or supplant similar state laws, the provision is called “preemptive.”  On November 11, 2014, the Connecticut Supreme Court held in Byrne v. Avery Center For Obstetrics and Gynecology, P.C. that state law negligence claims are not preempted by HIPAA even where the plaintiff relies on HIPAA to establish the applicable standard of care.  In so holding, the Court

On July 23, 2014, the Massachusetts Attorney General announced a consent judgment with an out-of-state Rhode Island hospital, Women & Infants Hospital of Rhode Island (“WIH” or the “Hospital”), resolving a lawsuit against WIH for violations of federal and state information security and privacy laws involving the loss of over 12,000 Massachusetts residents’ sensitive patient health records.  The regulations and laws at issue were Mass. G.L. c. 93A, Mass. G.L. c. 93H and its implementing regulations codified at 201 C.M.R. 17.00 et. seq., as well as federal regulations under the Health Insurance Portability and Accountability Act (“HIPAA”).

We have heard the well-publicized stories of stolen laptops and resulting violations of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), and we generally recognize the inherent security risks and potential for breach of unsecured electronic protected health information posed by computer hard drives. We remember to “wipe” the personal data off of our phones or computers before they are disposed, donated, or recycled.

A recent HIPAA settlement offers a costly reminder that other types of office equipment we use regularly have similar hard drives capable of storing confidential personal information.

The U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) published on its website a series of factsheets designed to educate consumers unfamiliar with their rights under the Health Insurance Portability and Accountability Act’s (HIPAA) Privacy and Security Rules.  These four factsheets are described in detail…

For the fourth time since the Massachusetts data security regulations took effect in March 2010, the Massachusetts Attorney General’s Office (“AGO”) has settled allegations that Massachusetts-based entities violated the regulations.  On January 7, 2013, Suffolk Superior Court approved consent judgments pursuant to which five entities agreed to collectively pay $140,000…

On January 17, 2013, U.S. Department of Health and Human Services Secretary Kathleen Sebelius announced the final omnibus rule that among other things (1) increases patient privacy protections; (2) provides individuals with new rights to receive a copy of their electronic medical record in an electronic form;  and (3) provides…

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 Information (“PHI”).  While the material is focused on health care professionals, the information is also applicable to group health plan professionals and their business associates who use mobile devices to store and transmit PHI in connection with administration of group health plans.