PRIVACY + SECURITY BLOG

News, Developments, and Insights

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What Are the Requirements for HIPAA Training?

HIPAA Training Requirements - TeachPrivacy 01

HIPAA training is an specific requirement of HIPAA. HIPAA requires that covered entities (CEs) and business associates (BAs) provide HIPAA training to members of their workforce who handle protected health information (PHI).  This means administrative and clinical personnel need to be trained.  Business associates — and any of their subcontractors — must have training.  Basically, […]

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Cartoon: De-Identifying PHI under HIPAA

Cartoon HIPAA De-Identification - TeachPrivacy HIPAA Training 02 small

  This cartoon is about de-identifying PHI under HIPAA.  De-identifying personal data is quite complicated. Researchers have been able to re-identify sets of personal data with just names, birth dates, and gender. The reason why de-identifying data is difficult is that there is more and more identified personal data online that can be matched up […]

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Top 10 Privacy Law Developments of the Decade 2010-2019

Top 10 Privacy Law Developments of the Decade 2010-2019 02

It is an understatement to say that a lot has happened in privacy law during the past decade. Here is my list of the most notable developments. NOTE: I am giving a particular emphasis to what I find to be notable from a United States perspective.  What is notable privacy law depends upon where one […]

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First OCR Enforcement of HIPAA’s Right of Access

HIPAA Right to Access

Days after my recent blog post on the HIPAA Right of Access, the OCR released details of their first enforcement action for violation of the Right of Access. The complaint, received in August 2018, involved a mother who waited over 9 months to receive prenatal records from Bayfront Health in St. Petersburg.  She requested the […]

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The Failure of HIPAA’s Right of Access

HIPAA Right to Access PHI - TeachPrivacy 02

One of the biggest sore spots in HIPAA compliance has been providing individuals with their right to access their medical records. In addition to the countless anecdotal accounts about the painful process of getting medical records, a recent study demonstrated just how far there is to go for providers to be in compliance.  More than […]

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A Major Move to Weaken HIPAA

HIPAA Penalties Reduced

Quietly, at the end of April, HIPAA was significantly weakened.  HHS published what sounds like an innocuous notification in the Federal Register: Notification of Enforcement Discretion Regarding HIPAA Civil Money Penalties.  This notification is actually an enormous change to the HIPAA penalty structure, a drastic reduction in HIPAA fines. The existing penalty structure under HIPAA […]

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Will the United States Finally Enact a Federal Comprehensive Privacy Law?

Comprehensive Privacy Law US - TeachPrivacy CCPA Training 01

These days, there seems to be a lot of energy around a federal comprehensive privacy law in the United States.  When the US Congress started passing privacy laws in the 1970s, 80s, and 90s, it eschewed the route of passing a comprehensive privacy law, opting instead for the sectoral approach — passing a series of […]

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HIPAA Enforcement 2018

HIPAA Enforcement 2018 - TeachPrivacy HIPAA Training 02

Last year was a record-setting year for HIPAA enforcement.  On HHS’s website, OCR has touted its 2018 enforcement: OCR has concluded an all-time record year in HIPAA enforcement activity.  In 2018, OCR settled 10 cases and secured one judgment, together totaling $28.7 million. This total surpassed the previous record of $23.5 million from 2016 by […]

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Increasing State HIPAA Enforcement: Highlights from 2018

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There have been quite a number of state HIPAA enforcement cases this year, and one expert points out a trend toward increasing state enforcement of HIPAA. An article in Data Breach Today discusses a number of state HIPAA enforcement cases.  Here are some of the ones discussed: Massachusetts — $75,000 settlement with McLean Hospital for […]

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