The FBI and DHS-CISA issued a warning on October 28, 2020 about an imminent threat to hospitals and healthcare providers. They represent that they have credible information to suggest there will be a widespread Ryuk ransomware attack this weekend (October 30 - November 1), and the FBI, DHS and the NSA's Cybersecurity Threat Operations Center are currently investigating the matter. It is recommended that hospitals and healthcare providers implement the following measures as soon as possible.
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FBI Healthcare Alert - Imminent Threat Of Widespread Ryuk Attack Posted on: October 29, 2020 In: Data Privacy & Cybersecurity
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California Seeks to Heal HIPAA & CCPA Divisions with AB 713 Posted on: October 19, 2020 In: Data Privacy & Cybersecurity
On September 5, 2020 the California legislature passed AB 713, amending the California Consumer Privacy Act (CCPA). The bill alleviates some of the burdens imposed on medical research and healthcare operations by the CCPA, and imposes new requirements and restrictions on businesses that sell or disclose de-identified health data. The bill also contains an emergency clause enabling it to take effect immediately upon the governor's approval.
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The Next Major Public Health Crisis Posted on: October 15, 2020 In: Data Privacy & Cybersecurity
In 2014, a business associate of a healthcare entity was notified by law enforcement that it had suffered a cyberattack to the company's information system. The hackers were able to access and exfiltrate the health information of more than 6 million people from numerous entities served by the business associate. In addition to a fine issued by OCR, a related covered entity was sued and a multimillion-dollar settlement was reached. OCR placed the covered entity under a very detailed corrective action plan.
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OCR Announces HIPAA Telehealth Security Waiver in Response to COVID-19 Pandemic Posted on: March 20, 2020 In: Data Privacy & Cybersecurity
The Office for Civil Rights (OCR) at the Department of Health and Human Services (HHS), which is the body responsible for enforcing certain regulations pursuant to the Health Insurance Portability and Accountability Act of 1996 (HIPAA), is exercising its enforcement discretion to meet the needs of health care providers and patients during the COVID-19 (Coronavirus) public health emergency.
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What an Employer May Screen in the Time of COVID-19 Posted on: March 19, 2020 In: Labor & Employment
In this time of extra precautions, closing businesses, and social distancing, employers are doing their best to protect the public and their workers. Some businesses, however, are unable to close their doors and/or serve a valuable public purpose. For those employers, they seek any and all available methods to ensure safety. Some of those measures, however, may violate various laws, including the Americans with Disabilities Act (ADA) and the Rehabilitation Act.
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Four Tips to Mitigate Employee Whistleblower Claims in Healthcare Posted on: March 05, 2020 In: Labor & Employment
Employees are an employer’s largest potential liability. This is especially true for employers in the healthcare industry who participate in federal healthcare programs. Federal law, and some states, allows employees to bring a civil lawsuit against employers for alleged violations of federal law. Whistleblowers are particularly active in healthcare. 86% ($1.909 billion) of all whistleblower recoveries were recovered in the healthcare space.
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Sexual Harassment by the Uninhibited Posted on: January 28, 2020 In: Labor & Employment
Many of us know someone residing in a senior living community or long-term care facility and have heard stories of residents losing their inhibitions. There are stories of seniors being rude, saying things that are inappropriate, and experiencing sexual disinhibition. What we have not heard though is what happens when a caregiver is sexually harassed by a resident.
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