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HHS

Fifth Circuit Decision Raises Cyber Enforcement Complications for the U.S. Department of Health and Human Services

February 9, 2021 By Jon Knight and Kate Hanniford

As the Biden administration begins detailing its regulatory and enforcement priorities, it faces a new challenge on the health data privacy and security front.  In University of Texas M.D. Anderson Cancer Center v. United States Department of Health and Human Services, No. 19-60226 (5th Cir. 2021), the Fifth Circuit vacated a $4.3 million penalty against […]

Filed Under: Enforcement, Health Privacy, HHS, Regulation

New Law Requires HHS to Consider Recognized Security Practices as Mitigating Factor When Determining Penalties

January 21, 2021 By Privacy, Cyber & Data Strategy Team

On January 5, 2021, the president signed into law H.R. 7898, an Act that amends the Health Information Technology for Economic and Clinical Health (HITECH) Act to require the Secretary of Health and Human Services (HHS) to consider specific recognized security practices of covered entities and business associates when making certain determinations regarding fines, penalties, […]

Filed Under: Data Security, Enforcement, Health Privacy, HHS Tagged With: HHS, HIPAA, HITECH, National Institute for Standards and Technology (NIST)

HHS Releases New “Health Industry Cybersecurity Practices”

January 8, 2019 By Kate Hanniford

On December 28, 2018, the Department of Health and Human Services (HHS) issued new voluntary cybersecurity guidance for the health care industry titled, “Health Industry Cybersecurity Practices: Managing Threats and Protecting Patients.”  This four-volume set of consensus-based principles and practices (the “HICP”) reflects the recommendations of the 405(d) Task Group, a HHS and industry-led collaborative […]

Filed Under: Cybersecurity, Data Security, Health Privacy, HHS

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