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The HIPAA Journal has compiled healthcare data breach statistics from October 2009, when the Department of Health and Human Services (HHS) Office for Civil Rights (OCR) started publishing summaries of healthcare data breaches on its website. This page is regularly updated to reflect the latest healthcare data breach statistics.
Two of the HIPAA violation categories are designated for Covered Entities and Business Associates that can demonstrate reasonable duediligence, whereas the other two are for entities guilty of willful neglect. They were significantly increased in the HITECH Act of 2009; and, since 2015, they have been adjusted for inflation annually.
Government mandates were an impetus for change, starting with the Health Information Technology for Economic and Clinical Health (HITECH) Act, enacted as part of the American Recovery and Reinvestment Act (ARRA) of 2009 to “promote the adoption and meaningful use of health information technology” (Office of Civil Rights (OCR), 2017).
Independent software vendors (ISVs) that offer products utilizing cloud services must also do their duediligence and ensure that their cloud services provider has third-party certifications such as HITRUST or PCI DSS compliance to protect their customers’ data and their reputation as a trusted vendor.
The government must also act with duediligence to preserve its claim. The Fifth Circuit noted that the government reasonably should have known facts material to its causes of action at that time, thus the government cannot invoke the FCA’s tolling provision, and its claims against the defendant before September 2009 should be barred.
This includes thorough duediligence before onboarding new vendors, continuous monitoring of their security practices, and clear contractual agreements that outline security expectations. Prior to that, they worked at East Sussex County Council as a School ICT Applications Manager from September 2009 to June 2011.
For example, healthcare providers that outsource claims and billing operations do not have to comply with Part 162 of the Regulations – although it is necessary to know what they are in order to conduct duediligence on third party service providers.
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