Management Liability Update

Archive for the ‘Electronic Health Records’ Category

Hospital Data Continues to be at Serious Risk with Third-Party Vendors

Icon August 4, 2010 – 6:19 am

According to the 2010 HIMSS Analytics Report: Security of Patient Data, even though providers continue to update their security infrastructure, patient data remains at serious risk.  And, despite new statutory requirements for healthcare privacy and security, these critical gaps remain.  The study’s conclusion is not that surprising given new healthcare breaches are being reported on a daily basis. One improvement that can be immediately implemented with little [...]



NSAP Insurance Full Policy Limits Must Cover First Party Data Breach Costs

Icon July 29, 2010 – 8:22 am

A recently disclosed $10 million data breach expense bill raises an issue that has been percolating the network security and privacy (NSAP) insurance marketplace for several years now.  The publicly disclosed expenses involve BlueCross BlueShield of Tennesee (BCBST). According to BCBST, in October 2009, “57 hard drives containing audio and video files related to coordination of [...]



HHS Issues Proposed New HIPAA Regulations and Breach Portal

Icon July 9, 2010 – 7:31 am

Using a lavish press conference as the backdrop, HHS officials announced yesterday proposed changes to the HIPAA regulations as well as an updated web page listing those breaches impacting more than 500 individuals.  The purpose of the new Rules issued yesterday is to align the HIPAA rules with the HITECH Act passed last year.   Specifically, the press announcement states:  The [...]



CT AG Successfully Uses HITECH Act to Settle HIPAA Breach

Icon July 7, 2010 – 9:05 am

Taking advantage of a federal law passed last year, Connecticut’s Attorney General, Richard Blumenthal, announced yesterday a settlement with HMO Health Net that includes a corrective action plan, a $250,000 payment to the State of Connecticut (with an additional potential pot of $500,000), and increased credit monitoring and ID theft insurance to potential victims.  According [...]



Colorado Casualty: Stolen Health Records Not a Covered Event

Icon May 18, 2010 – 7:25 am

As detailed by the Salt Lake Tribune, Colorado Casualty Insurance Co. contends it is not obligated to cover costs incurred in 2008 by the University of Utah after tapes containing electronic medical billings records on 1.7 million patients were stolen from a car.   The insurer filed a declaratory judgment action on April 9, 2010 seeking a declaration that the commercial [...]



White House Cyber Security Plan Focuses on EHR Management

Icon May 14, 2010 – 7:14 am

According to an article in Government Health IT, the White House is looking to develop a network security strategy “that pays particular heed to the importance of building a trusted arena for electronic health care transactions.”    Howard Schmidt, the White House Cyber Security Czar, said at a May 11 HIPAA conference on privacy and security that the [...]



OCR Website Posts List of Breaches As Required Under HITECH Act

Icon February 23, 2010 – 7:03 am

On February 22, 2010, as required by section 13402(e)(4) of the HITECH Act, the Office of Civil Rights (OCR) website posted a list of the covered entities that have reported breaches of unsecured protected health information affecting more than 500 individuals.  By posting this information on the OCR website, OCR has met its HITECH Act obligation, which required [...]



Still Looking for Guidance on EHR

Icon January 5, 2010 – 3:28 pm

Electronic health records (EHR) should be on the risk management fast track.  First, the FTC promulgated regulations that will require most hospitals to implement a written ID theft prevention program by June 2010.  California  and a few other states have already started requiring that healthcare providers implement technical and physical safeguards to protect patient medical information.  And [...]