PRIVACY + SECURITY BLOG

News, Developments, and Insights

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Is HIPAA Enforcement Too Lax?

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By Daniel J. Solove

ProPublica has been running a series of lengthy articles about HHS Office for Civil Rights (OCR) enforcement that are worth reading.

A Sustained and Vigorous Critique of OCR HIPAA Enforcement

A ProPublica article from early in 2015 noted that HIPAA fines were quite rare. The article noted that from 2009 through 2014, more than 1,140 large data breaches were reported to OCR, affecting 41 million people. Another 120,000 HIPAA violations were reported affecting fewer than 500 people. “Yet, over that time span,” the article notes, “the Office for Civil Rights has fined health care organizations just 22 times. . . . By comparison, the California Department of Public Health . . . imposed 22 penalties last year alone.”

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Lessons from the Latest HIPAA Enforcement Action

HIPAA Training OCR Enforcementby Daniel J. Solove

Recently, the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) publicized its resolution agreement in its HIPAA enforcement action against St. Elizabeth’s Medical Center (SEMC).  SEMC agreed to pay $218,000.

The case began with a complaint filed with OCR back in 2012 that employees were sharing PHI of nearly 500 patients via an online sharing application without a risk analysis on such activities being undertaken.  OCR investigation found that the medical center “failed to timely identify and respond to the known security incident, mitigate the harmful effects of the security incident and document the security incident and its outcome.”

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The Health Data Breach and ID Theft Epidemic

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By Daniel J. Solove

When you go to the hospital, you might worry about catching a staph infection or pneumonia, but you should also worry about contracting a nasty case of medical identity theft. Most people suffer significant harm from medical ID theft, and few are completely cured. This ailment is spreading dramatically as data spurts out of healthcare organizations these days as if from a ruptured aorta.

In January of this year, an article citing U.S. Department of Health and Human Services (HHS) statistics noted that in the past 5 years, there have been roughly 120,000 reported data breaches involving HIPAA protected health information. These breaches have involved more than 31 million individuals.

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Why the Anthem Data Breach Is Needlessly Harmful

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By Daniel J. Solove

Recently, Anthem, one of the largest health insurance providers, suffered a massive data breach involving personal data on up to 80 million people. According to Anthem, the data breached includes “names, dates of birth, member ID/ social security numbers, addresses, phone numbers, email addresses and employment information.”

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Privacy and Security Developments 2014 Issue 1

privacy and security update

by Daniel J. Solove

Issue 2014 No. 1

This post is co-authored with Professor Paul M. Schwartz.

We spend a lot of time staying up to date so we can update our casebooks and reference books, so we thought we would share with you some of the interesting news and resources we’re finding. We plan to post a series of posts like this one throughout the year.

For a PDF version of this post, click here.

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