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The upcoming HIPAA Omnibus Rule is poised to transform an
already challenging privacy and security landscape for business
associates or those who provide services to HIPAA "covered
entities." The HITECH Act has already imposed greater
compliance responsibility on business associates and their
subcontractors. The rules are set to change further and
failure to comply can result in compliance reviews, investigations,
seven figure financial penalties, and other sanctions. In
fact, the Office for Civil Rights, the agency responsible for HIPAA
enforcement, recently announced concerns regarding business
associate HIPAA compliance and plans to target business
associates in upcoming audits.
If this is not enough to keep your privacy officer and security
officers busy, there are overlapping, and continually evolving,
state data security laws that must be evaluated along with HIPAA in
order to ensure full compliance with privacy and security
requirements. It is critical to protect your organization on
all fronts with respect to these laws.
Mintz Levin is following the developments related to the final
HIPAA Omnibus Rule closely, and we will hold a webinar on the final
Rule within days of its release. Watch this space for the
announcement!
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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The 2010 theft of an unencrypted laptop containing confidential health care information made front-page news in 2013, not because a huge number of patients were affected, but for the exact opposite reason.
Identity theft is a serious threat. In 2012, more than 12.6 million adults became victims of identity theft in the U.S.1 And the costs have been astronomical.
On April 22 Verizon released its 2013 Data Breach Investigations Report (DBIR), which has since 2008 become a leading annual survey of data breaches, with participants across the globe.
Increasingly, privacy is a big concern in app development. California and other jurisdictions are ramping up enforcement efforts around existing privacy laws.
Understanding the complexities of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy and Security Rules is often a challenge for health care providers and consumers.
Any company that collects personal data from consumers should take proactive steps to have appropriate legal counsel review its data security practices, as well as its terms of service or privacy practices, to identify any potential problem areas.
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.
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