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HIPAA "mega rule", meet "super BAA": the CMS data use agreement

Fox Rothschild LLP
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USA
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January 24 2013

The recent release of the HIPAAHITECH "mega rule" or "omnibus rule" has given bloggers and lawyers like us plenty of topics for analysis and debate

Countdown to 2013 and the HITECH "Mega Rule": ten new year's resolutions to protect health information

Fox Rothschild LLP
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USA
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December 27 2012

We have written several times in this blog series about the long-awaited (some would assert long overdue) HIPAA "Mega Rule." What was highly anticipated

Back to the SAIC breach and a look across the chasm between significant risk and actual harm resulting from a HIPAA breach

Fox Rothschild LLP
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USA
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December 6 2012

We have posted several blogs, including those here and here, tracking the reported 2011 theft of computer tapes from the car of an employee of Science Applications International Corporation (“SAIC”) that contained the protected health information (“PHI”) affecting approximately 5 million military clinic and hospital patients (the “SAIC Breach”

PHI breach involving health plan leads to lawsuit by identity theft victims who were plan members

Fox Rothschild LLP
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USA
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September 18 2012

A previous post to this blog by Patricia McManus pointed out that individuals whose protected health information (“PHI”) is stolen, lost, or otherwise inappropriately used, accessed, or left unsecured have no private right of action against the person or entity responsible for the breach under the HIPAAHITECH laws

HIPAA violation by business associate exposes providers

Fox Rothschild LLP
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USA
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September 3 2012

Michael Kline and Elizabeth Litten recently commented on the HIPAA violations debt-collection company Accretive Health of Minnesota obtained while working with Fairview Health Services and North Memorial Hospital

Business associate breach leads to $2.5m settlement by accretive: but who is the covered entity or business associate here, and do we care?

Fox Rothschild LLP
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USA
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July 31 2012

Attorney General Lori Swanson of Minnesota (“AG”) issued a press release reporting that Accretive Health, Inc. (“Accretive”), the defendant in an action filed by the AG in U.S. District Court alleging violations of HIPAA, HITECH, the Minnesota Health Records Act, and the Minnesota consumer protection laws, signed a Settlement Agreement, Release and Order on July 30, 2012 (“Settlement Agreement”

MD Anderson posts notice of breach on Day 59

Fox Rothschild LLP
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USA
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July 2 2012

As reported in the Houston Chronicle on June 28, 2012, an unencrypted laptop computer containing data on more than 30,000 patients of the University of Texas MD Anderson Cancer Center (“MD Anderson”) was stolen from a faculty member’s home on April 30, 2012

Government HIPAA enforcement tools - will these "red light cameras" deter marchers from joining the Breach Parade?

Fox Rothschild LLP
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USA
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June 17 2012

At the risk of killing (or at least maiming) the “Breach Parade” metaphor we have used in this blog series by over-stretching it, I wanted to write about two tools being used by the federal Office of Civil Rights (“OCR”) and individual State Attorneys General (“SAGs”) to deter and catch HIPAA privacy and security breaches that remind me of the red light cameras designed to deter and catch traffic violations

Office of Civil Rights discusses two HIPAA enforcement tools - will these "red light cameras" deter new HIPAA violations?

Fox Rothschild LLP
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USA
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June 17 2012

The federal Office of Civil Rights (“OCR”) has publicized two tools that are available for OCR and individual State Attorneys General (“SAGs”) to deter and catch HIPAA privacy and security breaches that are similar to the red light cameras designed to deter and catch traffic violations

Patients' "meaningful use" of electronic health information proposed as core measure for provider incentive payments from Feds

Fox Rothschild LLP
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USA
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March 19 2012

The Centers for Medicare & Medicaid Services (CMS) recently published proposed rules setting forth the “Stage 2” criteria that eligible providers (EPs), eligible hospitals (EHs), and critical access hospitals (CAHs) (referred to herein collectively as “providers”) would be required to meet in order to qualify for Medicare andor Medicaid incentive payments for the use of electronic health records (EHRs) (“Stage 2 Proposal”