PHI with No Cover Sheet Warning Left on a Desk—Who’s Liable? HIPAA & HITECH Act Blog by Jonathan P. Tomes
One of our EMR Legal clients and Veterans Press customers recently emailed me the following question: If a workforce member leaves a page from a .. read more
Deny Me My Records? Pay $85,000 under the HIPAA Right of Access! HIPAA & HITECH Act Blog by Jonathan P. Tomes
I have previously written about one of the easiest ways to get a civil money penalty (or a state sanction (see California)—that is, failing to .. read more
HHS OCR Issues New Guidance for Malicious Workforce Threats: HIPAA & HITECH Act Blog by Jonathan P. Tomes
The 2018 Protected Health Information Data Breach Report found that 58 percent of security incidents resulted from insiders rather than outsiders, such as hackers. Discussing .. read more
Change to 42 C.F.R. Part 2? HIPAA & HITECH Act Blog by Jonathan P. Tomes
As substance abuse treatment providers know, 42 C.F.R. Part 2 “trumps”―that is, preempts―the HIPAA Privacy Rule because it gives more protection for substance abuse treatment .. read more
We Appreciate Your HIPAA Info Corrections and Concerns: HIPAA & HITECH Act Blog by Jonathan P. Tomes with Guest Commentator Alice M. McCart, J.D.
Jon Tomes and I really appreciate your calling to our attention any problems with our HIPAA compliance tools and this blog. We like to fix .. read more
Building Security—More Than Just Locks on the Doors: HIPAA & HITECH Act Blog by Jonathan P. Tomes
In this digital world, forgetting about something as low-tech as physical security of the building in which a covered entity or a business associate is .. read more
The State Attorney General Won’t Sue You for a HIPAA Violation, So You Won’t Be Sued, Right? Wrong: HIPAA & HITECH Act Blog by Jonathan P. Tomes
The initial conventional wisdom when HIPAA first came out was that a covered entity could not be sued for a HIPAA violation because it was .. read more
Changed HIPAA and HITECH Penalties—a Boon or a Trap for the Unwary: HIPAA & HITECH Act Blog by Jonathan P. Tomes
The Department of Health and Human Services (“HHS”) has announced a new penalty structure for the civil money penalties (“CMPs”) for HIPAA violations that apparently .. read more
A Masochist’s Guide to Getting a Huge, Painful HIPAA Penalty: HIPAA & HITECH Act Blog by Jonathan P. Tomes
A cynic might wonder whether some covered entities, and now business associates, want to become famous (perhaps infamous would be a better word) and break .. read more
Business Associates Face the Same HIPAA Penalties as Covered Entities: HIPAA & HITECH Act Blog by Jonathan P. Tomes
The Attorney General of New Jersey recently announced a $200,000 settlement for a HIPAA violation with a business associate, one of the classic examples of .. read more
