HHS Office for Civil Rights and the Department of Education Issue Updated Guidance on Sharing Student Health Records under HIPAA and FERPA: HIPAA & HITECH Act Blog by Jonathan P. Tomes
Having had the good fortune to be a HIPAA consultant for several universities, I am quite aware of the confusion that could result from possibly .. read more
Are You Encrypting Your Laptops and Other Portable Devices? HIPAA & HITECH Act Blog by Jonathan P. Tomes
Although encrypting portable devices is not absolutely required by the Security Rule—that is, it is an addressable, not a required, implementation specification—another seven-figure penalty demonstrates .. read more
OCR Reveals Its Right of Access Enforcement Priorities: HIPAA & HITECH Act Blog by Jonathan P. Tomes
At a major annual HIPAA conference, Roger Severino, Director of the Department of Health and Human Services (“DHHS”) Office for Civil Rights (“OCR”), revealed its .. read more
Deny Me My Records? Pay $85,000 under the HIPAA Right of Access! HIPAA & HITECH Act Blog by Jonathan P. Tomes
I have previously written about one of the easiest ways to get a civil money penalty (or a state sanction (see California)—that is, failing to .. read more
HHS OCR Issues New Guidance for Malicious Workforce Threats: HIPAA & HITECH Act Blog by Jonathan P. Tomes
The 2018 Protected Health Information Data Breach Report found that 58 percent of security incidents resulted from insiders rather than outsiders, such as hackers. Discussing .. read more
Change to 42 C.F.R. Part 2? HIPAA & HITECH Act Blog by Jonathan P. Tomes
As substance abuse treatment providers know, 42 C.F.R. Part 2 “trumps”―that is, preempts―the HIPAA Privacy Rule because it gives more protection for substance abuse treatment .. read more
We Appreciate Your HIPAA Info Corrections and Concerns: HIPAA & HITECH Act Blog by Jonathan P. Tomes with Guest Commentator Alice M. McCart, J.D.
Jon Tomes and I really appreciate your calling to our attention any problems with our HIPAA compliance tools and this blog. We like to fix .. read more
Health Care Data Security Generally Sucks: HIPAA & HITECH Act Blog by Jonathan P. Tomes
A recent study by Forescout Technologies, Inc., an internet of things (“IoT”) company in San Jose, California, concluded that the health care industry’s data security .. read more
The State Attorney General Won’t Sue You for a HIPAA Violation, So You Won’t Be Sued, Right? Wrong: HIPAA & HITECH Act Blog by Jonathan P. Tomes
The initial conventional wisdom when HIPAA first came out was that a covered entity could not be sued for a HIPAA violation because it was .. read more
Changed HIPAA and HITECH Penalties—a Boon or a Trap for the Unwary: HIPAA & HITECH Act Blog by Jonathan P. Tomes
The Department of Health and Human Services (“HHS”) has announced a new penalty structure for the civil money penalties (“CMPs”) for HIPAA violations that apparently .. read more
