4 Data Security Policy Trends

  • Health Information protected by HIPPA will put companies at risk.
    • Department of Health and Human Services Office for Civil Rights enforcement actions have led to multiple million dollar settlements against hospitals, clinics, and health systems
  • FTC will take enforcement action. That action will lead to lawsuits challenging the FTC powers of enforcement. 
    • Opportunity for state enforcement abounds.
  • More lawsuits against compa…

Mandatory Encryption for Health Care Data. States Imposing Higher Standards than HIPAA.

The Garden State has mandated that all protected health information be encrypted. This new requirement applies to:

  • health providers
  • hospitals 
  • medical insurance corporations

The NJ legislation, signed by Gov. Christie, exceeds HIPAA requirements and will require encryption of:

  • patient’s name linked with:
    • a Social Security number
    • driver’s license or other state-issued identification
    • address
    • …

Downsizing Health Care Data Sharing

Private companies want access to government health care information to build their business, but they’re access to health care data is shrinking fast. HHS is severely cutting the information it is sharing with third parties.

The change was sparked after the AP reported that healthcare.gov was sending personal identifying information to third parties for marketing, advertising, and internet data performance purposes. 

Privacy advocates, the Electronic  Frontier  Foundation, …

States Ramp Up Data Security Laws. Propelled By Healthcare Data Breaches.

Add New York to the growing list of states ramping up data security laws. NY will consider legislation similar to OR and IN that would provide a “safe harbor rule for companies that implement specific data security plans and standards that officials say would minimize the chance of a breach. “

New York’s study of data breaches found that health care was the largest source for data breaches.  H…

Health Care Data Breaches- Hackers or Human Errors?

Since 2009, health care data breach statistics are:

  • 8%  involve hacking
  • 40.9 million individuals’ records have been exposed
    • Of the individual records, 19%, were blamed on hackers
      • This includes a hack, allegedly by Chinese hackers ,to the health care data at Community Health System in Franklin, TN, resulting in stolen personally identifiable information on 4.5 million individuals.

President Obama’s federal data …

Healthcare Data Must Be Addressed When Crafting Data Security Laws

Federal Health and Human Services has pursued a string of health care data breach claims against health care providers.

Health care data is protected under HIPAA, and data breach issues could also fall under data security laws and regulations.  

For refresher on the HHS settlement with Anchorage Community Mental Health Services, see Association of Corporate Counsel.