Two separate instances of unencrypted laptop theft from different health care providers have resulted in two settlements for potential violations of the HIPAA Privacy and Security Rules. These alleged violations were uncovered following investigations by the Department of Health and Human Services, Office for Civil Rights (OCR). In the first instance, involving Concentra Health Services, OCR found that Concentra had previously recognized its need for increased encryption on its technological devices but had failed to fully address this issue before the breach. In the second instance, involving QCA Health Plan, Inc. of Arkansas, OCR found that QCA had failed to comply with multiple requirements set forth by the HIPAA Security Rule. Both instances resulted in settlements comprised of financial payments to OCR as well as agreement to Corrective Action Plans that will allow for continued oversight by OCR in regards to HIPAA compliance.… Continue Reading
Information security is paramount in the life sciences and health care industry because it is subject to affirmative regulatory requirements regarding the physical and technical safeguards used to secure electronic information. It is therefore troubling that the Internet protocols that are universally used to transmit encrypted information employ an authentication process (to verify the endpoints of a communication) that is deeply flawed. The authentication process requires the parties to the communication to trust literally hundreds of unknown third parties referred to as "certificate authorities." The closer one looks at the identity of these third parties and the processes used to carry out the authentication process, the worse it gets. It is time for GCs to get involved because Encryption is Not Enough...… Continue Reading
