What Are the Penalties for HIPAA Violations?

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In October of 2015, the Excellus Health Plan suffered what was the largest HIPAA data breach of the year, with some 9.5 million patient records compromised. An investigation concluded in January 2021, stating that Excellus had five critical violations of HIPAA, including a failure to conduct risk analysis, implement sufficient network security measures and enact data security policies around data and access controls. 

The Office of Civil Rights (OCR) settled with Excellus for $5.1 million from the five violations found and after years of audits and investigations. 

Don’t let this become your story if you are working in the healthcare sector. Understand compliance and penalty structures. 

 

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OMG USB! Physical Media and Protecting PHI

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Imagine this scenario: you’ve received some test results from some procedure. Those results are to be moved between institutions because you have doctors in different departments of a healthcare system. 

Normally, we’d think that these institutions would electronically transmit these results through some secure channel… but then you see that your doctor has your results, in hand, in a USB key that they plug into their computer. 

This, of course, is a considerable risk. HIPAA regulations require that institutions protect PHI in specific ways with straightforward controls, and many threats can undermine physical media. 

So, what’s the issue with using USB thumb drives? 

 

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What Is NIST 800-161?

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With modern IT infrastructure becoming increasingly complex, intertwined systems managed through service providers and managing experts, the inevitable security problem rears its head. How can one organization, using several service providers, ensure their data security as it travels through those systems?

Over the past decade, enterprise and government specialists have refined the practice of risk management and security-focused on digital supply chain management. To support such efforts, the National Institute of Standards and Technology (NIST) released the newest revision, NIST 800-161, in May 2022. 

 

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