As of the July 4th holiday weekend, the Office for Civil Rights (OCR) has updated again its Web site listing of breaches affecting 500 or more individuals. As of July 2, 2010, there were 107 breaches listed that were reported to have occurred between September 22, 2009 and June 11, 2010. Individuals affected by these publicly listed breaches totaled 4,086,980. Six of the 107 breaches, or 5.6% of the total, affected 3,353,627 individuals, or 82% of the total. This is the first of three postings that analyzes the data from these 107 breaches. This posting (I) covers electronic breaches, the next posting (II) covers hard copy (paper) breaches, and the…
Category: Health IT and HITECH
ONC Releases Final Rule for Temporary HIT Certification Program
On Friday afternoon, June 18, the Office of the National Coordinator for Health Information Technology (ONC) of the Department of Health and Human Services (HHS) released the final rule: Establishment of the Temporary Certification Program for Health Information Technology. The final rule can be viewed in portable document format (pdf) online at: http://www.federalreigster.gov/…. The final rule will be published in the Federal Register, most likely next week, and will be effective upon date of publication. The summary of the final rule is reproduced here: “This final rule establishes a temporary certification program for the purposes of testing and certifying health information technology. This final rule is established under the…
Final Rule on EHR Certification Programs Imminent
The Office of Management and Budget (OMB) completed its review of the Proposed Establishment of Certification Programs for Health Information Technology final rule on June 14, 2010, so publication in the Federal Register is imminent. This final rule explains the proposed establishment of certification programs for voluntary certification of health information technology, as specified in section 3001(c)(5) of the HITECH Act, which is available on the hipaa.com site. This final rule is a follow-on to the proposed rule of the same title that was published in the Federal Register on March 10, 2010 (75 Federal Register 11327-11373), the summary of which appears below. “Under the authority granted to the National…
Reported Breaches of 500 or More Individuals up to 93 and Affecting Over 2.5 Million Individuals; Enforcement and Penalties
As of Friday, June 4, 2010, 93 breaches affecting 500 or more individuals have been reported on the Office for Civil Rights (OCR) Web site. The total number affected has gone beyond 2-1/2 million individuals today, and stands at 2,565,352 individuals. Of the 87 breaches involving breach of hard copy or electronic protected health information, 26% involve hard copy or paper records and 74% records on electronic media or devices. Overall, 71% of the 93 breaches involve theft or loss of records, many of which might have been avoided by appropriate securing of hard copy records and electronic media and devices. Below we remind readers of the Department of Health…
OCR Stepping Up HIPAA Security Enforcement
Health Data Management (HDM) reported today, May 12, that the Office for Civil Rights (OCR) of the Department of Health and Human Services (HHS) is going to strengthen HIPAA Security Rule enforcement, based on statements made on Tuesday, May 11 by the OCR Deputy Director for Privacy, Susan McAndrew, at the Safeguarding Health Information conference in Washington, DC, co-sponsored by OCR and the National Institute of Standards and Technology (NIST). “To boost enforcement of the security rule, OCR has added investigators in 10 regional offices, McAndrew notes,” as reported by Joe Goedert in the HDM article, “OCR Boosting Security Enforcement,” which is available online. This report comes several days after…
Prison Time for Privacy Breach of PHI; OCR Breach List Continues to Grow; More Training Needed
Health Data Management reported in its April 29, 2010, online HDM Daily that “[a] former researcher at the UCLA School of Medicine has been sentenced to four months in federal prison for violations of the HIPAA privacy rule.” You may access and read the article by Joseph Goedert, “Prison for HIPAA Privacy Violater“. On the same day, April 29, the Office for Civil Rights (OCR) of the Department of Health and Human Services (HHS) reported on its Web site 67 entities reporting “Breaches Affecting 500 or More Individuals” over the period September 22, 2009 to March 19, 2010. That is up from the 36 that OCR listed on its initial…
HHS’ ONC Releases Proposed Rule for Temporary and Permanent HIT Certification Programs
On Wednesday, March 10, 2010, the Office of the National Coordinator for Health Information Technology (ONC) of the Department of Health and Human Services (HHS) published in the Federal Register the Proposed Rule (NPRM) for Proposed Establishment of Certification Programs for Health Information Technology. [75 Federal Register 11327-11373] We present the summary of the NPRM. “SUMMARY. Under the authority granted to the National Coordinator for Health Information Technology (the National Coordinator) by section 3001(c)(5) of the Public Health Service Act (PHSA) as added by the Health Information Technology for Economic and Clinical Health (HITECH ) Act, this rule proposes the establishment of two certification programs for purposes of testing and certifying…
OCR Identifies 36 Entities with Breaches Affecting 500 or More Individuals
On Monday, February 22, 2010, the federal government, through the Office for Civil Rights (OCR) of the Department of Health and Human Services (HHS), began enforcing the Breach Notification Rule for breaches occurring on or after that date. The Breach Notification for Unsecured Protected Health Information; Interim Final Rule, was published in the Federal Register on Monday, August 24, 2009 [74 FR 42739-42770] and was effective September 23, 2009. Since September 22, 2009, 36 breaches of privacy or security of protected health information (PHI) affecting 500 or more individuals have been reported to OCR. The total number of individuals affected was 1,073,657, with two of the breaches involving 359,000 (FL)…
Today, February 17, Business Associates Must be in Compliance with HIPAA Security Rule
Today, Wednesday, February 17, 2010, Business Associates of Covered Entities must be able to demonstrate that they are in compliance with administrative, physical, and technical safeguards of the HIPAA Security Rule, as required by the HITECH Act, enacted one year ago today as part of the American Recovery and Reinvestment Act of 2009. In addition, Business Associate Agreements must be rewritten or amended to specifically require a Business Associate’s compliance with the Security Rule as part of its “satisfactory assurances.” Financial penalties for noncompliance discovered during a compliance audit or complaint investigation could be severe, especially for willful neglect. Here are the appropriate authorities: Section 13401 of Part 1 (Improved…
New HIPAA/HITECH Act Rules Require Compliance in February
Three new HIPAA/HITECH Act rules go into effect this month: Two weeks from today, on Wednesday, February 17, 2010, Business Associates of Covered Entities must comply with the HIPAA Security Rule. For the first time Business Associates will be regulated by the federal government. Section 13401 of Subtitle D (Privacy) of the HITECH Act (42 USC 17931) states that “[t]he additional requirements of this title that related to security and that are made applicable with respect to Covered Entities shall also be applicable to such a Business Associate and shall be incorporated into the business associate agreement between the business associate and the covered entity.” [Public Law 111-5, p.260] In…