Legal Risks for Cyber Intrusions of Healthcare Data
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Learn the legal risks associated with cyber-attacks and how to protect your patients' private medical information.Covered entities under HIPAA (Health Insurance Portability and Accountability Act of 1996) are under constant attack by cyber criminals who want Electronic Health Records (EHR) stored either locally on computers at the covered entities' place of business or on remote cloud systems managed by third-party business associates. The widespread number of cyber intrusions reported in the media every day highlights the risks for all patients regarding protection of their medical information. Moreover, there are reports that many of the estimated six billion devices that comprise the Internet of Things (IoT) are healthcare devices and monitors. These too have also become targets for cyber criminals, who may decide to increase or decrease medicine doses or change settings on a patient's heart monitor. Finally, the Office of Civil Rights (OCR), which oversees HIPAA compliance for the U.S. Department of Human Services, is on their second round of HIPAA compliance audits for both covered entities and business, covering all areas of data privacy, security and breach response. This topic will highlight both current and future legal risks for covered entities, including how their reliance on business associates can either help or hinder their efforts to protect their patient's medical information.
Eric Levy, Gardere Peter S. Vogel, Gardere
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