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Decisions Coming Back to Haunt You – Ep 379 

 October 28, 2022

By  Donna Grindle

scary decisionsAs you know, each year we record a Halloween episode. This year we are covering very scary decisions that have come back to haunt several organizations, including an organization’s decision not to report a cyber attack, an entity that thought they’d just stroke a check for fines assessed and everything would be OK, and a provider who posted PHI on social media. Listen in and learn what NOT to do.

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In this episode:

Decisions Coming Back to Haunt You – Ep 379

Today’s Episode is brought to you by:

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PriSec Session of the Week

[03:55] Monday will be “Risky Business” day. Check out Donna’s and David’s

description of what we’ll cover on this topic at the PriSec Boot Camp in Louisville, KY.


HIPAA Say What!?!

[11:06] Extension of COVID-19 Public Health Emergency by HHS extends Telehealth Remote Communications Enforcement Discretion for another 90 days.

Under this Notice, however, OCR will not impose penalties against covered health care providers for the lack of a BAA with video communication vendors or any other noncompliance with the HIPAA Rules that relates to the good faith provision of telehealth services during the COVID-19 nationwide public health emergency. Telehealth Remote Communications Enforcement Discretion

In other HIPAA related news: More to come soon from CISA and by extension Health Sector Coordinating Council which includes 405(d) as a focus on critical infrastructure cyber resiliency “soft spots” are getting noticed:

“ Water, emergency communications and healthcare are soft spots in U.S. critical infrastructure resiliency, areas that if compromised could directly affect people’s safety. ”

Decisions Coming Back to Haunt You

[15:53] What so often seems like a good decision at one moment can haunt you for years to come… creeping out from under the bed, jumping out of the closet or, even better, leading the newscast.

Nuke, pave, don’t report the attack. It will be ok.

7 Ways To Screw Up Incident Response – Ep 338 – Help Me With HIPAA

Note that the Cyber Incident Reporting for Critical Infrastructure Act of 2022 (CIRCIA) is coming soon folks.

Cyber Incident Reporting for Critical Infrastructure Act of 2022 (CIRCIA) | CISA

…requiring the Cybersecurity and Infrastructure Security Agency (CISA) to develop and implement regulations requiring covered entities to report covered cyber incidents and ransomware payments to CISA. These reports will allow CISA to rapidly deploy resources and render assistance to victims suffering attacks, analyze incoming reporting across sectors to spot trends, and quickly share that information with network defenders to warn other potential victims. Cyber Incident Reporting for Critical Infrastructure Act of 2022 (CIRCIA) | CISA

All organizations are encouraged to share information about unusual cyber activity and/or cyber incidents 24/7 already.

[25:14]

We can stroke a check for those fines. It will be ok.

3 Ways Encryption Fails – Ep 343 – Help Me With HIPAA

Enforcement Actions – October 18, 2022: Consent Order Issued to EyeMed Vision Care LLC

Press Release- October 18, 2022: DFS Superintendent Harris Announces 4.5 Million Cybersecurity Settlement with EyeMed Vision Care LLC | Department of Financial Services

Physician and Sales Representative Charged in $2.5 Million Health Care Fraud and with Unlawful Disclosure of Patient Information | USAO-NJ | Department of Justice

Pharmaceutical Sales Representative Admits Role in Health Care Fraud and Criminal HIPAA Schemes | USAO-NJ | Department of Justice

[41:01]

It’s just Social Media, not real life. It will be ok.

Middle Tennessee doctor violates federal HIPAA law

If you can’t trust your doctor to protect your privacy, including your name and your account number. Who can you trust? Middle Tennessee doctor violates federal HIPAA law

The medical board is reviewing it now, you know there will be an OCR look at the situation, and who knows what else will be haunting this doctor for years to come.

Speaking of decisions that may come back to haunt you, not attending the Privacy and Security Boot Camp could be one of those. Join us March 12-15, 2023 in beautiful Louisville, KY and learn how you can help prevent bad decisions from coming back to haunt you. Register now to take advantage of our early bird special.

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