In November 2019, a whistleblower at Google passed information to the Wall Street Journal on the nature of the collaboration and claimed that patient data, including patient names, dates of birth, lab test results, diagnoses, health histories and other protected health information, had been shared with Google and was accessible by more than 150 Google employees. The settlements pursued by the Department of Health and Human Services’ Office for Civil Rights (OCR) are for egregious violations of HIPAA Rules. Affected veterans have been offered complimentary credit monitoring services and the VA is currently working on compensating the community care providers whose payments were redirected. Less than 24 hours after the announcement of the Anthem breach, the payer was faced with two class-action lawsuits. Google and Apple are working together on the technology, which is expected to be fully rolled out next month. Dr. Klopfer lost his... A recent investigation by ProPublica, the German public broadcaster Bayerischer Rundfunk, and vulnerability and analysis firm, Greenbone Networks has revealed millions of medical images contained in image storage systems are freely accessible online and require no authentication to view or download the images. The collection and analysis of consumer-generated data by health insurers and their business associates was highlighted by ProPublica in 2018, but the public is largely unaware of the... September 2020 is the second annual National Insider Threat Awareness Month (NITAM). Individual did not know HIPAA was being violated• Minimum penalty: $100 per violation and an annual maximum of $25,000 for repeat violations• Maximum penalty: $50,000 per violation and an annual maximum of $1.5 million, HIPAA violation due to reasonable cause and not willful neglect, • Minimum penalty: $1,000 per violation and an annual maximum of $100,000 for repeat violations • Maximum penalty: $50,000 per violation with an annual maximum of $1.5 million, HIPAA violation due to willful neglect, but violation is corrected within required timeframe, • Minimum penalty: $10,000 per violation with an annual maximum of $250,000 for repeat violations • Maximum penalty: $50,000 per violation with an annual maximum of $1.5 million, HIPAA violation due to willful neglect and is not corrected• Minimum penalty: $50,000 per violation with an annual maximum of $1.5 million • Maximum penalty: $50,000 per violation with an annual maximum of $1.5 million. The HIV research study aimed to explore the reasons why those women had not sought treatment, specifically how substance abuse, domestic violence, trauma, and mental illness affected the decision to seek treatment and commit to treatment programs. Without a more secure system of ID verification, Americans will be at risk of fraud. The former Los Angeles area congressman also led the coalition of Democratic states that defended the Affordable Care Act and resisted attempts by the Trump Administration to overturn it. A police officer in the lobby of the hospital was notified and the patient was arrested, although charges were later dropped. There were 37 healthcare data breaches of 500 or more records reported in April 2020, up one from the 36 breaches reported in March. CCPA gives California residents new privacy rights and has been likened to the General Data Protection Regulation in the EU, albeit with fewer security requirements for companies. The vulnerability was discovered by BD, which self-reported the flaw to the Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency (CISA). Since the Department of Health and Human Services implemented the requirements of the Health Information Technology for Economic and Clinical Health (HITECH) Act of 2009 in the 2013 Omnibus Final Rule, business associates of HIPAA covered entities can be directly fined for violations of HIPAA Rules. 442,943 healthcare records were breached in April, down 46.56% from the 828,921 records breached in March. HIPAA only applies to healthcare providers, health plans, healthcare clearinghouses (covered entities) and business associates of those entities. Immediate action was taken by THH to investigate the allegations. Blockchain could help solve some of these challenges, putting a patient in the middle of the healthcare ecosystem. The Department of Health and Human Services’ Office for Civil Rights has published new guidance on the Health Insurance Portability and Accountability Act (HIPAA) Rules covering disclosures of protected health information (PHI) to health information exchanges (HIEs) for the public health activities of a public health authority (PHA). Patients are having to repeat tests because their information cannot be shared between different healthcare providers and there is considerable duplication of administrative tasks as a result of information blocking. Any risks identified must be managed and reduced to a reasonable and appropriate level. Greenbone Networks audited 2,300 Internet-connected PACS between July and September 2019 and set up a RadiAnt DICOM Viewer to access the images stored on open PACS servers. A variety of internal documents were shared with reporters on the extent of the partnership and the number of Google employees who had access to Ascension patients’ data. The remains are believed to have been removed from his clinics. 42 CFR Part 2 regulations restrict the sharing of addiction records, which makes it very difficult for information to be shared about patients who are recovering from substance abuse disorder. The internal investigation revealed an employee had been accessing patient information without authorization since 2011. 80% rated patient privacy as very important, 76% of consumers rated data security as very important, and 73% rated the cost of health care as very important. 2,167,179 records were exposed, stolen, or impermissibly disclosed in August. In August 2018, Tom Yardic, a cybersecurity engineer at BCBS Minnesota discovered patches were not being applied on its servers, even though the vulnerabilities were rated critical or severe. Largest Healthcare Data Breaches in November 2019 Name of Covered Entity Covered Entity Type Individuals Affected Type of Breach Location of Breached PHI Ivy Rehab Network, Inc. and its affiliated companies Healthcare Provider 125000 Hacking/IT Incident Email Solara Medical Supplies, LLC Healthcare Provider 114007 Hacking/IT Incident Email Saint Francis Medical Center Healthcare... A major data breach has been reported by one of Canada’s largest medical testing and diagnostics companies. 1. The Director of the DPA would be appointed by the president, confirmed by the Senate, and... An audit conducted by the Department of Health and Human Services’ Office of Inspector General (OIG) has revealed many pharmacies and other healthcare providers are improperly using Medicare beneficiaries’ data. OIG conducted the audit to determine whether E1 transactions were only being used for their intended purpose. NHS has approximately 1,300 physicians, dentists and PhD researchers, 830 nurses, and around 730... Healthcare organizations are confident they are protecting regulated data and are controlling data sharing, but that confidence appear to be misplaced in many cases according to a recent report from Netwrix. Dr. Diefendfer accessed Pertuit’s records through the Alabama Prescription Drug Monitoring Program website and disclosed the information to her attorney, Gary Bradshaw. Attackers are able to operate for months before being detected, and this will continue until organizations architect in a way leaving attackers nowhere to hide," said TK Keanini, CTO of Lancope, in a Becker's Hospital Review Premera breach reaction report. Forty-seven states, the District of Columbia, Guam, Puerto Rico and the Virgin Islands all have legislation in place requiring private and government entities to notify individuals of data breaches involving personal information, according to the National Conference of State Legislatures. The other 100,000+ record breach was suffered by Behavioral Health Network in Maine. The frequency of attacks has also increased. During that time, the hacker had access to vast quantities of sensitive patient information, including financial information and Social Security numbers. Currently health data is collected, stored, and transmitted by health and wellness apps, wearable devices, and informational health websites, but without HIPAA-like protections the privacy of consumer health data is put at risk. Around a month later, Yardic alerted the BCBS Minnesota board of trustees as a last resort to get action taken to address the flaws, according to a recent report in the Star Tribune. Manchin and Capito, Senators Demand Answers from Ascension About Project Nightingale as Google’s Response was Deemed Incomplete, IT Weaknesses at the National Institutes of Health Placed EHR Data at Risk, Healthcare Organizations are Overconfident About Their Ability to Protect PHI and Control Data Sharing, January 2020 Healthcare Data Breach Report, Senator Gillibrand Proposes Data Protection Act and Creation of Federal Data Protection Agency, OIG Audit Reveals Widespread Improper Use of Medicare Part D Eligibility Verification Transactions, eHI and CDT Collaborate to Develop Consumer Privacy Framework for Health Data not Covered by HIPAA, Patients Want Easy Access to Their Health Data but Better Privacy Protections Preferred, Critical ‘MDHex’ Vulnerabilities Identified in GE Healthcare Patient Monitoring Products, Maze Ransomware Gang Publishes Research Data of Medical Diagnostic Laboratories, NIST Privacy Framework Version 1.0 Now Released, California Bill Proposes Further Health Data Exemptions for CCPA, Support for Windows 7 Finally Comes to an End, Hospital Employee Pleads Guilty to Five-Year Account Hacking Spree, Discussion Draft of Federal Data Privacy Bill Released by House Energy and Commerce Committee, DoE and OCR Issue Updated Guidance on Sharing Student Health Records under FERPA and HIPAA, November 2019 Healthcare Data Breach Report, 15 Million Customers Potentially Impacted by Ransomware Attack on Large Canadian Medical Testing Company, Blue Cross Blue Shield of Minnesota Starts Correcting 200,000 Critical and Severe Vulnerabilities, Rep. Jayapal Seeks Answers from Google and Alphabet on Ascension Partnership, Senator Wicker Introduces U.S. Consumer Data Privacy Act of 2019, Healthcare Threat Detections Up 45% in Q3 and 60% Higher Than 2018, Consumer Online Privacy Rights Act Offers CCPA-Style Privacy Protections for All U.S. Citizens, October 2019 Healthcare Data Breach Report, IT Firm Ransomware Attack Prevents Nursing Homes and Acute Care Facilities from Accessing Medical Records, GAO and VA OIG Identify Privacy and Security Failures at the Department of Veterans Affairs, Smartwatch Data Act Introduced to Improve Privacy Protections for Consumer Health Data, House Committee Leaders Request Answers from Google and Ascension on Project Nightingale Partnership, Update Issued on Unsecured PACS as Exposed Medical Image Total Rises to 1.19 Billion, TigerConnect Survey Finds 89% of Healthcare Providers Still Use Fax Machines and 39% are Still Using Pagers, Google Confirms it has Legitimate Access to Millions of Ascension Patients’ Health Records, Sen. Warner Demands Answers from HHS Over Apparent Lack of Response to Major PACS Data Breach, HHS Increases Civil Monetary Penalties for HIPAA Violations in Line with Inflation, Texas Health and Human Services Commission Pays $1.6 Million HIPAA Penalty, Lack of Encryption Leads to $3 Million HIPAA Penalty for New York Medical Center, Slew of HIPAA Violations Leads to $2.15 Million Civil Monetary Penalty for Jackson Health System, 76% of SMBs Have Experienced a Data Breach in the Past Year, September 2019 Healthcare Data Breach Report, VA OIG: Records of Thousands of Veterans Exposed to 25,000 VA Employees via Shared Network Drives, Roger Severino Gives Update on OCR HIPAA Enforcement Priorities, Philadelphia Department of Public Health Data Breach Exposed Data of Hepatitis Patients, New York Legislation Prohibits First Responders from Selling Patient Data for Marketing Purposes, Pulse Connect, GlobalProtect, Fortigate VPN Vulnerabilities Being Actively Exploited by APT Actors, Dental Practice Fined $10,000 for PHI Disclosures on Yelp, PHI Potentially Compromised in Cybersecurity Breach at North Florida OB-GYN, Sen. Rand Paul Introduces National Patient Identifier Repeal Act, Senator Demands Answers Over Exposure of Medical Images in Unsecured PACS, Senate Fails to Remove Ban on Funding of National Patient Identifier System, Study Reveals Types of Protected Health Information Most Commonly Exposed in Healthcare Data Breaches, August 2019 Healthcare Data Breach Report, Thousands of Fetal Remains and Abandoned Medical Records Discovered in Indiana, 400 Million Medical Images Are Freely Accessible Online Via Unsecured PACS, NCCoE Issues Draft Guidelines for Securing the Picture Archiving and Communication System (PACS) Ecosystem, Consumer Technology Association Publishes Privacy Guidelines for Handling Health and Wellness Data, Vulnerability Identified in Becton Dickinson Pyxis Drug Dispensing Cabinets, Most Patients Happy to Share EHR Data for Research, But Not Entire Medical Record, Study Confirms Why Prompt Data Breach Notifications Are So Important, 82% of Healthcare Organizations Have Experienced a Cyberattack on Their IoT Devices, UCMC and Google File Motions to Dismiss HIPAA Privacy Lawsuit, OCR Offers Advice on Managing Malicious Insider Threats, Ransomware Attack Impacts More Than 400 U.S. Most of the covered entities affected by the breach were not given sufficient information to allow the affected patients to be identified. Protected health information potentially compromised in the attack varied from patient to patient and may have include name, demographic information, birth date, driver’s license number, ID... Sen. Rand Paul, M.D., (R-Kentucky) has introduced a new bill that attempts to have the national patient identifier provision of HIPAA permanently removed due to privacy concerns over the implementation of such a system. This attack is no different. Healthcare providers are not the only ones concerned with data breaches. An Experian Data Breach Resolution and Ponemon Institute found media coverage of data breaches has driven 69 percent of companies to reevaluate and prioritize security. Kalina accessed the records of friends, old classmates, and individuals that she had a grievance with. Hackers gained access to an application used by the VA’s Financial Services Center to send payments to community healthcare providers to pay for veterans’ medical care. The sensitive information of 24 women diagnosed with HIV has been made available to individuals unauthorized to access that information. The Federal Trade Commission has been tasked with creating a Bureau of Privacy which would be responsible for developing rules, issuing guidance, and enforcing compliance. Sen. Warner is the Vice Chairman of the Senate Intelligence Committee and co-founder of the Senate Cybersecurity Caucus. Part 2 pre-dates HIPAA by two decades and was introduced at a time when there were no broader privacy and security standards for health data. Approximately 3.9 million... Pressure is continuing to be applied on Google and its parent company Alphabet to disclose information about how the protected health information (PHI) of patients of Ascension will be used, and the measures put in place to ensure PHI is secured and protected against unauthorized access. The hackers acquired credentials from five Anthem technology workers and used phishing campaigns to "dupe" network administrators into revealing login information or into clicking a link that granted them access to the administrators' computers. Last year saw more data breaches reported than any other year in history and 2019 was the second worst year in terms of the number of breached records. The Department of Health and Human Services’ Office for Civil Rights has agreed to settle a HIPAA violation case with Elite Dental Associates over the impermissible disclosure of multiple patients’ protected health information (PHI) when responding to patient reviews on the Yelp review website. A ransom demand of $14 million has reportedly been issued, which the company has said it... Two government watchdog agencies have recently published reports of reviews of privacy and security safeguards at the U.S. Department of Veterans Affairs. CMS enforces transaction and code set standards, as well as the security standards, according to the AMA. Developing a patient privacy monitoring program is essential to … As we have seen on several occasions this year, attacks can cause severe disruption to day to day operations at hospitals often resulting in delays in healthcare provision. IBM Cloud Security IBM is a leader in the field of network and data security, and its expertise has meant its cloud platform is highly secure. Weaponized exploits for the vulnerabilities have now been developed and are being used by APT actors and exploit code is freely available online on GitHub and the Metasploit framework. Babylon Health said it discovered the... A joint alert issued has been issued by the IRS, DHS’ Cybersecurity and Infrastructure Security Agency (CISA), and the Department of the Treasury to raise awareness of the risk of phishing and other cyberattacks related to the Coronavirus Aid, Relief, and Economic Security (CARES) Act. During that time, the protected health information of 2,964,778 individuals may have been stolen. Personally identifiable health data collected, stored, maintained, processed, or transmitted by HIPAA-covered entities and their business associates is subject to the protections of the HIPAA Privacy and Security Rules. The test results were from 2016 and earlier. The Privacy Act provides extra protections around the handling of health information. It was also alleged that Google employees could freely download PHI. Within the past year, 78 percent of healthcare organization breaches were due to web-borne malware attacks. The operators of Maze ransomware are following through on their threats to publish stolen data if victims do not pay the ransoms. Therefore, invasion of patient privacy is considered as a growing concern in the domain of big data … Healthcare data collected, maintained, or transmitted by healthcare providers, health plans, healthcare clearinghouses (HIPAA-covered entities) and their business associates is covered by the Health … According the Maze website, 231 workstations were encrypted in the attack. The engineer met with executives at BCBS Minnesota to raise the alarm, yet no action appeared to be taken. Regulatory Changes
Across the 44 breaches, 1,988,376 healthcare records were exposed or compromised in May. According to a new study* by the credit reporting agency Experian, if the breach response is properly managed and the breached entity is transparent and issues notifications promptly, customer churn rate can be kept to an absolute minimum. Diachenko contacted Adit to alert the company to the exposed database but received no response. The attack occurred on June 1, 2020. Under the partnership, the records of approximately 50 million patients will be provided to Google, 10 million of which have already been transferred. UCSF isolated the affected servers, but not in time to prevent file encryption. Under the HIPAA privacy rule, patients have a number of rights including: • The right to receive notice of privacy practices of any healthcare provider, plan or clearing house• The right to see their protected health information and receive a copy• The right to request changes to their records to correct errors or add information• The right to have a list of those their protected healthcare information has been disclosed to• The right to request confidential communication• The right to complain. The Meow bot appeared in late July and scans the internet for exposed databases. The guidelines have been developed to help CTA members address tangible privacy risks and securely collect, use, and share health and wellness data from health/wellness apps, wearable devices, and other digital tools. The Consumer Technology Association (CTA) has released data privacy guidelines to help companies better protect health and wellness data. Many healthcare providers find the regulations burdensome, they can hamper care coordination, and can put a patient’s safety at risk.... Google Voice is a popular telephony service, but is Google Voice HIPAA compliant or can it be used in a HIPAA compliant way? The American Recovery and Reinvestment Act also expands HIPAA privacy requirements. The American Medical Association (AMA) has published a set of privacy principles for non-HIPAA-covered entities to help ensure that the privacy of consumers is protected, even when healthcare data is provided to data holders that do not need to comply with HIPAA Rules. 31. A major phishing attack was reported by the medical device manufacturer Tandem Diabetes Care. Rooted in confidentiality of the patient-provider relationship that can be traced back to the fourth century BC and the Oath of Hippocrates, this concept is foundational to medical professionals’ guidelines for confidentiality (McWay, 2010, p. 174). The draft legislation calls for all businesses to have a privacy program and to publish a privacy policy, written in clear language, which explains what data will be collected, how it will be used, how long it will be retained, and with whom consumer information will be shared. The voicemails included caller names, phone numbers, voicemail box identifiers, internal identifiers, and the transcripts included personal information such as full names, phone... Franklin, TN-based Community Health Systems and its subsidiary CHSPCS LLC have settled a multi-state action with 28 state attorneys general for $5 million. The survey was conducted by the Ponemon Institute on 2,391 IT and IT security professionals in the United States, United Kingdom, DACH, Benelux, and Scandinavia, including 219 respondents from the healthcare industry. Healthcare data privacy and security is one of the most important HIM topics for 2018, as cybersecurity threats will only continue to evolve. Elite Dental Associates is a Dallas, TX-based privately-owned dental practice that provides general, implant and cosmetic dentistry. The legislation includes regulations governing EHR confidentiality, according to a HIMSS white paper. 43. In that instance, OCR provided technical compliance assistance to URMC. “Our proposed... President-elect Joe Biden has named California Attorney General Xavier Becerra as Secretary of the Department of Health and Human Services. Attacks on IoT devices were common across all those industry sectors, but healthcare organizations experienced the most cyberattacks out of all industries under study. It is therefore unsurprising that many healthcare professionals would like to use the service at work, as well as for personal use. Keeper Security reports indicates the average healthcare data breach results in the exposure of more than 7,200 confidential records and the average cost of a healthcare data breach is $1.8 million, including the cost of disruption to normal operations. The same breach was investigated by the HHS’ Office for Civil Rights, which announced late last month that a settlement had been reached with CHSPCS over the breach and a $2.3 million penalty had been paid to resolve potential HIPAA violations discovered during... 37 healthcare data breaches of 500 or more records were reported to the HHS’ Office for Civil Rights in August 2020, one more than July 2020 and one below the 12-month average. According to Dr. Brett James of the National Academies, as much as 50% of the costs of healthcare are unnecessary. The attacks also have potential to compromise end user safety, result in the loss of intellectual property, operational downtime and damage to the organization’s reputation. Congress wanted to ensure that cybersecurity controls had been put in place to protect sensitive data and determine whether NIH was in compliance with Federal regulations. Last year, 510 healthcare data breaches of 500 or more records were reported, which represents a 196% increase from 2018. Causes of September 2020 Healthcare Data Breaches The massive increase in reported data breaches is due to the ransomware attack on the cloud software company Blackbaud. Fusion centers gather and analyze threat information and share the data with states, government organizations, and private sector firms. The competing bills, introduced by Republican and Democratic lawmakers, share some common ground and and introduce measures to protect the privacy of Americans and ensure personal data is not misused. 3. The American College of Radiology, the Society for Imaging Informatics in Medicine, and the Radiological Society of North America have issued a warning about the risk of accidental exposure of protected health information (PHI) in online medical presentations. The database required no password to access and contained information such as patients’ names, email addresses, phone numbers, and treatment locations. Part 2 regulations were required to protect the privacy of patients by severely restricting the allowable uses and disclosures of SUD treatment records. The Houston, TX-based web developer Netsential had its web servers hacked and almost 270 gigabytes of data were stolen and was published online on June 19, 2020 by hacktivists and the data stolen was published by Distributed Denial of Secrets (DDoSecrets). By providing those services, MIE and NMC are business associates and are required to comply with HIPAA Rules. The audit was conducted on July 16, 2019 by CliftonLarsonAllen LLP (CLA) on behalf of OIG to determine the effectiveness of certain NIH information technology controls and to assess how NIH receives, processes, stores, and transmits Electronic Health Records (EHR) within its Clinical Research Information System (CRIS), which contained the EHRs of patients of the NIH Clinical Center. The auditors determined that any Veterans Benefits Administration employee who had permission to access the VA network remotely could have accessed the files stored on the... Roger Severino, Director of the HHS’ Office for Civil Rights, has given an update on OCR’s HIPAA enforcement priorities at the OCR/NIST 11th Annual HIPAA Conference in Washington D.C. Severino confirmed that one of OCR’s top policy initiatives is still enforcing the rights of patients under the HIPAA Privacy Rule and ensuring they are given timely access to their health information at a reasonable cost. The auditors also found two potential breaches of patient information while performing the inspection. On June 5, 2016, OCR received a complaint from an Elite patient about a social media HIPAA violation. The report reveals most hospitals are still heavily reliant on communications technology from the 1970s. As the number of users grew and the platform started to be used more frequently by consumers and students, flaws in the platform started to emerge. 36. The privacy commissioners in both provinces said the scale of the attack “extremely troubling.” After gaining access to its systems, the attackers deployed ransomware and encrypted an extensive amount of customer data. 28. The plan was to recruit 100 patients for the study and offer half of participants free support and counselling services and the other half were given the option of receiving standard services at Christie’s Place. Though external forces are the leading cause of data breaches, internal causes are also a concern. In an updated report, the German vulnerability analysis and management platform provider has revealed the problem is getting worse, not better. The numbers included dates of birth and Social Security numbers. The Supreme Court in Vermont has ruled that a patient can sue a hospital and one of its employees for a privacy violation, despite Vermont law and HIPAA not having a private cause of action for privacy violations. 42 CFR Part 2 prohibits the sharing of addiction treatment information by federally assisted treatment programs unless consent to do so has been obtained from the patient. According to the WSJ report, 150 Google employees are involved with the project and have access to patient data. It also includes a private cause of action, so consumers are permitted to sue companies that are in breach of the CCPA. 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