Allscripts' ransomware attack on its cloud-based platforms triggers HIPAA compliance obligations for "covered entities" who entered patient health information on those platforms. A putative class action lawsuit filed on behalf of providers using the Allscripts platforms alleges the attack was a HIPAA "breach". Providers who used these ...
On Wednesday afternoon, May 3, 2017, cybercriminals appeared to have launched a massive malicious email campaign. The emails ask the recipients to click on a link to view a document purportedly shared on Google Docs. Upon clicking the link, the account owner is asked to enter their Google account log-on credentials. The cybercriminals use the ...

The Federal Trade Commission (FTC) Bureau of Consumer Protection released a study this month (March 2017) indicating that business entities could be doing more to stop malicious emails from hitting the inboxes of employees.  The goal behind many malicious emails is to trick individuals into turning over either their own confidential ...

Blockchain technology may solve healthcare IT's security and interoperability challenges. The HHS ONC and healthcare IT developers are rushing to explore its capabilities and launch opensource development tools.

Wyatt Tarrant & Combs, LLP is sponsoring the Kentucky Chamber’s Cyber Security and Data Privacy seminar on Tuesday, February 28, 2017, at the Griffin Gate Marriott Resort in Lexington, Kentucky.  We’ve put together a terrific panel of presenters, including, among others, representatives of Homeland Security and Crowdstrike, the firm ...

The U.S. Department of Health & Human Services, Office of Civil Rights (OCR) entered into a settlement with Presence Health Network relating to its failure to provide timely notification of a breach of unsecured protected health information under the Health Insurance Portability & Accountability Act (HIPAA). OCR data breach settlements ...

The United States Court for the Eleventh Circuit granted LabMD's motion to stay enforcement of the FTC's Final Order, holding that there was no proof that LabMD’s failure in securing the privacy of the patient data at issue caused injury or harm or that it was “likely to cause” injury or harm

On July 29, 2016, the Federal Trade Commission (FTC) made the latest move in its battle with LabMD, Inc. (LabMD) when it reversed an initial decision by an administrative law judge (ALJ).  The FTC determined that LabMD’s data security practices constitute an unfair act or practice within the meaning of Section 5 of the Federal Trade Commission Act.  ...

On July 11, 2016, the HHS Office for Civil Rights issued a Fact Sheet about Ransomware for entities subject to HIPAA. Due to the unique nature of ransomware in making computer data inaccessible, OCR notes that patients may still need to be notified if care is compromised as a result of a ransomware attack. The HIPAA standard that presumes there is a breach ...

Kathie McDonald-McClure and Matt San Roman, members of Wyatt’s Data Privacy & Security Service Team, were recently interviewed for Corporate Counsel magazine.  The article, “Tennessee Enacted the Toughest Data Breach Law Yet,” addresses the new amendment to the Tennessee Identity Theft Deterrence Act of 1999.   The amendment, among ...

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