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Health Data Breach Tally Crowded With Vendor Incidents


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Many of the major health data breaches added to the federal tally so far this year involve business associates, continuing a trend in recent years.
The largest breach added so far in 2021 to the U.S. Department of Health and Human Services HIPAA Breach Reporting Tool website – which lists health data breaches affecting 500 or more individuals – is a vendor hacking incident reported on Jan. 29 by Florida Healthy Kids Corp., a provider of children s health and dental health plans in Florida.
That breach – reported as affecting 3.5 million individuals - involved Jelly Bean Communications Design, a website hosting vendor that the health plans provider says failed to address vulnerabilities over a seven-year period, leaving patient data potentially exposed. Plus, the hackers tampered with some of that data, Healthy Florida Kids Corp. said in its breach notification statement last month. ....

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Notification of Breach Affecting 219,000 Delayed


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Nebraska Medicine and the University of Nebraska Medical Center have just begun notifying 219,000 individuals of a hacking incident that was discovered last September. The lag between breach discovery and notification illustrates the difficulties organizations often face in incident response, some security experts say.
Nebraska Medicine/UNMC says in a statement posted earlier this month that on Sept. 20, 2020, it identified unusual network activity that affected some of its IT systems.
Nebraska Medicine/UNMC then initiated incident response protocols to minimize any disruption to patients and isolated potentially impacted devices and shut off select systems as a precaution, the statement says. We also initiated an investigation, computer forensic experts were engaged to assist our ongoing investigation and we notified law enforcement. ....

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Appeals Court Vacates $4.3 Million HIPAA Penalty


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In a ruling that could have a profound impact on HIPAA enforcement, a U.S. Court of Appeals has vacated a $4.3 million HIPAA civil monetary penalty levied by federal regulators against the University of Texas MD Anderson Cancer Center in the wake of three breaches involving unencrypted mobile devices. The court called the penalty “arbitrary, capricious and contrary to law.”
In its ruling, the 5th Circuit U.S. Court of Appeals in Louisiana was critical of the Department of Health and Human Services Office for Civil Rights’ interpretation of HIPAA requirements and how it sets civil monetary penalties. ....

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