Category Archives: health care data

Model Health Care Data Security legislation. 3 Key Elements.

  • A limited time healthcare industry cybersecurity task force
  • The taskforce includes cybersecurity experts and healthcare stakeholders
  • The charge to the task force:
    • analyse the cybersecurity risks facing health care
    • recommend ‘actionable cyber threat indicators & defensive measures

The legislation people are looking to: Congress cyber security legislation.

The Global Legal post | Healthcare sector suffers chronic data breaches

 

INTERIM 2015 Health Care Data Breaches Leaked 112 Million Health Records. 3 Points to Know.

  • Health care comapnies are required by HIPPA to report breaches 
  • The federal government publishes breach information. Check out: Office of Civil Rights (OCR) under Health and Human Services
  • 90% of health care breaches in 2015 were the result of a Hacking/IT Incident

Remember when Texas passed laws to go above and beyond over HIPPA? Look for it in health care data protection too.

Forbes | Data Breaches In Healthcare Totaled Over 112 Million Records In 2015

3 New Rules from Cyber Insurance Coming to a Regulator Near You

  • Lots of cyber insurance policy litigation.
    • You know what lawyers mean- lawsuits and legislation.
  • 2015 was once in a lifetime groeth in cyberinsurance market
    • Hyper growth leads to regulation and legislation as the unintended consequences emerge
  • health care cyber insurance renewal rates are seeing 150% premium increases
    • Big premium cases mean, big regulatory and legislative changes are afoot

 

Property Casualty 360 | Cyber insurance 2015: Inside a robust and rapidly changing market

5 Most Costly Data Breaches of 2015. Taxpayer Costs. Procurement Opportunities.

  • IRS breach. 100,000 taxpayers exposed. Estimated cost $50 Million.
  • Anthem health insurance breach. 80 million health insurance records leaked. Cost estimate $100 Million.
  • Office of Personnel Management.  21 million federal employee and contact records breached. Minimum cost is the $133 million contract to a credit monitoring and mitigation services provider.
  • Ashley Madison Breach. 37 million customer information hacked. A class action lawsuit seeks $578 million.
  • Two Year 100 banks…

INTERIM Lege Trend: State Proposes 6 Data Security Standards for Businesses.

New York Legislature, at the behest of its Attorney General, is strengthening its data security laws. 

Assembly Bill 6866 adds new data to protection requirements and increases penalties.

This bill creates these standards that establish compliance with the law for businesses:

  • a business that protects data more than the law requires
  • a business that complies with Gramm-Leach-Bliley Act
  • a business that meets international standards for information security
  • a business that complies with…

INTERIM Lege Trend: State Data Security Laws. Upstate Ups the Ante on Health Care & Biometric Data. More fines for More companies.

New York Legislature is considering stronger data security laws which would:

  • increase penalties against companies from $150,000 to $1,000,000
  • in addition to current required protected information of  Social Security, driver’s license and credit card numbers, this bill would require protection of biometrics like fingerprints
  • user names, email addresses, securty questions and answers
  • health information protected under HIPPA
  • establishes reasonable safeguards for business
  • establishes…

How 1 Health Insurer Responded to a Class Action Data Breach Suit Affecting 80 Million

Anthem Inc. responded to a class action lawsuit concerning a data breach affecting 80 million by focusing on the 1 hot botton issue legislatures and regulators are focusing on:

whether the person whose personal information was hacked suffered any actual damages

Why is this response from Anthem important? Because courts, legislatures, and regulators have come down on all sides of whether actual damages is required in a data breach suit.

Anthem also provided all 80 million customers with 2…

Health Care Data 12 times more Valuable to Hackers than Credit Card Data. 3 Reasons Why. Be Ahead of the Curve.

Security Experts say health care data is 4 to 12 times more valuable than credit card data to hackers. 

Why is health care data so valuable?

  • Health care data sets are “extremely detailed personal information.”
  • Health care data alone allows a hacker to:
    •  Apply for credit cards or loans
    • “Allows a hacker to generate huge sums from fraudulent medical charges,” 
  • Average financial loss for stolen health care data: $13,500 per victim

Health care Informatics | Survey: Majority of…

Trendy Lege & legal Issue: Did the Breach Lead to Harm? How one ALJ Decided.Courts Differ.

Courts and legislatures have differed as to whether a person can bring a lawsuit when their personal data is stolen, but the data has not been used to harm the person.

What happened in this administrative law case? The FTC has been trying to enforce sanctions against a health care company for a data breach.

The FTC legalese is that the health care company’s ” purported failure to institute reasonable data security constituted an unfair trade practice under section 5 of the FTC Act,…