Medjacking, Part 2
Written by : Richard Sheinis, Esq. Over the last several months I have written about the dangers of hacker’s compromising various types of internet connected medical devices used by hospitals, and other medical providers. TrapX Security has
HHS Issues Guidance On Ransomware And HIPAA
Written by: Richard Sheinis, Esq. On Monday, July 11, HHS issued a “Fact Sheet” on ransomware and HIPAA. While we know that the frequency of ransomware attacks has gone through the roof, HHS brought us some sobering figures. Since early 2
Sixth Circuit Shuts Down End Run By Plaintiff Using A HIPAA Breach To Claim Violations Of The False Claims Act
Written by: Richard Sheinis, Esq. The Sixth Circuit Court of Appeals recently upheld a dismissal of a lawsuit in which a plaintiff tried to use the improper accessing of her protected health information (“PHI”) as a basis for a claim under
4th Circuit Rules Insurer Must Defend Insured Against Class Action Data Breach
Written by: Tiffany Winks, Esq. On Monday, April 11, 2016, the 4th Circuit ruled in Travelers Insurance v. Portal Healthcare Solutions that Travelers had a duty to defend Portal in a class action related to Portal posting patients’ medical
Fourth Circuit To Decide If Commercial General Liability Policy Covers Internet Publication of Medical Records
Written by: Tiffany Winks, Esq. On March 24, 2015, the Fourth Circuit Court of Appeals heard oral arguments as to whether a Commercial General Liability insurance policy provides coverage for a data breach. The case on appeal is Travelers In
Tennessee Amends Breach Notification Statute
Written by: Richard Sheinis, Esq. Senate Bill 2005, amending Tennessee’s data breach notification law, was signed by the Governor on March 24, 2016. The new law is effective July 1, 2016. The main changes to the current law (Tennessee Code An
It Pays to be Ready: HIPAA Phase II Audits Underway Now
Written by: Patrick Powell, Esq. On March 21, 2016, the HHS Office for Civil Rights (“OCR”) officially launched Phase 2 of the HIPAA Audit Program. Covered Entities and Business Associates need to be prepared for these audits and be on th
If This Does Not Convince You Of The Importance Of HIPAA Compliance, Nothing Will
By: Richard Sheinis, Esq. Two medical providers recently paid large settlements to the Department of Health and Human Services’ Office for Civil Rights because of HIPAA violations. Both involved thefts of laptops, an issue I see with some reg
New Bill To Strengthen Georgia’s Data Breach Notification Law Introduced In State Senate
Written by: Richard Sheinis, Esq. On January 20, 2016, the “Georgia Personal Data Security Act” was introduced in the State Senate. The current Georgia breach notification law is one of the weakest in the country. It only applies to “info
FDA Issues Draft Guidance for Postmarket Management of Cybersecurity in Medical Devices
Written by: Richard Sheinis, Esq. The FDA has issued this draft guidance to add to its other guidance documents on cybersecurity and medical devices, “Cybersecurity for Networked Medical Devices Containing Off-the-Shelf (OTS) Software”, a