Fines Archives

Fines, HIPAA

Phoenix Healthcare Fine: Don’t be a Fool in Compliance

April 1, 2024 Gaurav Modi Comments Off

April 1, 2024 Happy April Fools Day! We hope you’re enjoying the holiday with some lighthearted fun and pranks! Now, HIPAA regulations are no laughing matter. HIPAA regulations are in place to protect patients’ information, making sure we all have the rights we deserve to keep our information safe. Today, we’re talking about the latest HIPAA fine, given to a multi-location nursing care organization in Oklahoma, Phoenix Healthcare. Phoenix Healthcare was fined 35 grand for violating the HIPAA Right of Access Rule, being the butt of the joke of this major fine. Get buckled up, pranksters! We’re all in for some April Fools’ fun but don’t even think about messing with HIPAA. Patient privacy is no joke! So, What Happened? Well, what happened was unfortunately not a prank. Phoenix Healthcare withheld someone’s health information for almost a year after an initial request was made. The OCR was made aware of this not-so-funny situation by a caretaker trying to get the health information of her mother, a patient at the nursing home. Like a joke that went on too long, Phoenix Healthcare eventually did send the information to the daughter. However, the HIPAA Right of Access Rule requires information to be shared within thirty days of a request. Some states, it’s even sooner, like California! The daughter reported the HIPAA violation to the OCR, and at first, Phoenix Healthcare was ordered to pay a fine of 75,000! With an appeal, and an agreement that Phoenix Healthcare updates its HIPAA policies and procedures, and provides training, the fine was lowered to 35,000. Whew! While Phoenix Healthcare is still on thin ice, they saved themselves a lot of money. What can I learn from this? Well, great question! First, HIPAA compliance is no joke. But don’t worry, no April Fool’s pranks here! To stay ahead of the curve, we can make sure your practice is up-to-date on all the HIPAA rules. That way, you can focus on the fun and leave the compliance worries to us. With Abyde, we make sure you Never Stress Over Compliance Again! The Abyde software offers a variety of features to simplify the compliance process. Yes, the words ‘simple’ and ‘compliance’ can be in the same sentence. While this is a chore for Phoenix Healthcare, the Abyde software even includes dynamically generated policies and procedures, having HIPAA-compliant policies in seconds. The training is also covered, with our enjoyable training that somehow turns learning about HIPAA fun! We promise you, this isn’t an April Fools trick, we actually make compliance easy. To learn more about how Abyde can help your practice, schedule a consultation, here.

Best Practices, Fines, HIPAA

Most Common HIPAA Violations by Dentists

March 6, 2024 Gaurav Modi Comments Off

March 6, 2024 Happy National Dentist’s Day! In honor of this special holiday, here’s a cheesy joke. What is a dentist’s favorite animal? A Molar Bear! Now, please stop cringing. We apologize for the bad joke, if we could, we would give all dentists who use our software a little … plaque. Ba Dum Tsss. Alright, now back to the more serious stuff. Dentists play an important role in our health, ensuring our smiles stay healthy and bright. However, they also have another major responsibility: following HIPAA regulations and protecting our protected health information (PHI). Sometimes, dentists slip up on their compliance responsibilities. Here are some of the most common HIPAA hiccups dentists face. Stolen Devices: One of the most common HIPAA violations for dentists is improper handling of stolen devices with PHI. In our tech-savvy world, computers and other devices play an imperative role in the dentist’s office, withholding information on patient’s personal information like billing, medical records, and more. If you have a device with electronically protected health information or ePHI, in your practice, make sure it is encrypted, or in other terms, very secure software that makes sure the right people are the only ones who can access it. Additionally, if a device is stolen, make sure remote deletion is set up correctly, letting you delete sensitive data from it with another device. ePHI in the wrong hands can be dangerous, but with the right precautions, you can keep patients safe. Disregardful Disposal: Another common HIPAA violation for dentists is improperly disposing of protected health information. From creation to disposal, PHi needs to be handled securely by your practice and complaint Business Associates (BAs). We’ve seen the after-effects of mishandled PHI, resulting in hefty fines. For example, a practice in Massachusetts improperly threw out PHI, throwing it in garbage bins outside the practice, and was fined over $300,000. Retaliating Responses: On top of managing your practice’s reputation in person, you have to manage it online. A very common HIPAA violation is disclosing PHI through social media and review sites. While I know it can be hard to not defend your practice, keeping your cool for sure feels way better than losing thousands of dollars to a fine. A California dentist practice learned the hard way by being fined $23,000 for disclosing PHI on Yelp in heated responses. The moral of the story? Keep it short, sweet, and offline. If you want to share a customer testimonial or image of a customer, ensure a media consent form is signed. Now, those are some of the most common HIPAA violations by dentists. Dentists have a lot on their plate, and sometimes, compliance falls on their list of priorities. That’s where Abyde comes in. We’re here to help make compliance simple for your dental practice, with a plethora of compliance resources. We pride ourselves on our efficiency, like turning the daunting Security Risk Analysis (SRA) into a minutes-long questionnaire, pinpointing everything you need to know for your practice. This results in a scorecard, with best practices to avoid HIPAA violations, including the ones mentioned above! The Abyde software also includes engaging training (that does not require you to shut down your practice for all to complete), dynamically generated policies and procedures, documents, like the media consent form, and more. We’re here so you can focus on what’s important, taking care of patients. Have a wonderful Dentist’s Day, and relax, let us take care of the compliance. For more information on how Abyde can simplify compliance for your practice, email info@abyde.com and schedule a consultation here.

Cybersecurity, Fines, HIPAA

The OCR Cracks Down on Cyber Attack Breaches: Second Ransomware Attack Settled in Four Months

February 22, 2024 Gaurav Modi Comments Off

February 22, 2024 Well, the Office of Civil Rights (OCR) did it again. In the past four months, two ransomware cyber attack cases have been settled, resulting in hefty fines, yikes! While the first ruling affected a Business Associate with a major fine, this breach impacted a Covered Entity. In February 2019, Green Ridge Behavioral Health in Maryland filed a breach report that all of their files on patients were encrypted with ransomware, resulting in over 14,000 patients’ data being compromised. That’s a lot of people! As the name suggests, ransomware is a cybercrime where data is held for ransom. Users are unable to access data/files till the ransom is paid. It is a malicious crime that is extremely prevalent in healthcare, with a 264% increase over the past five years in large breaches reported to the OCR. In their investigation, the OCR found potential violations of the HIPAA Privacy and Security Rules from before and right up until the breach. In their variety of violations, some other major misses included: As a result, Green Ridge Behavioral Health was fined $40,000 and will now be monitored by the OCR for the next three years. That’s a long time and a lot of money for a practice that could have avoided this situation with the right compliance solution. That’s where Abyde steps in. Cyber attacks are unfortunately common in healthcare, accounting for 79% of the large breaches reported to OCR. We’ve now seen a pattern of the OCR ruling on ransomware cases, cracking down on practices and organizations that are not prepared for a cyber attack. The OCR is not messing around, and these fines are a clear example. Thankfully, with Abyde, we make the journey to compliance simple. The Abyde software resolves many of the reasons why practices and organizations get fined. You can complete our intuitive Security Risk Analysis in minutes, being able to see what your practice needs to do to be compliant in a flash. Abyde also has engaging training, with interactive activities and videos, all with entertaining themes, to keep the user interested (yes, you read that right). We also have a portal that allows you to easily manage all of your agreements with Business Associates, digitally signing and storing them in the software. What’s the cherry on top? We will remind you when these agreements are close to expiring, being your compliance crew so you can focus on running your practice. We have a variety of resources for practices of any size to use, like dynamically generated policies and procedures, allowing you to finally ditch the dusty HIPAA binder, HIPAA logs, our team of friendly compliance experts is always a call (or message!) away, and much more. Why wait for a compliance disaster? Email us at info@abyde.com and schedule a demo of our revolutionary software here.

Business Associates, Fines

The Consequences of Neglecting Shared Responsibility: A Business Associate Case Study

February 9, 2024 Gaurav Modi Comments Off

February 9, 2024 The world of healthcare data is complex, with numerous players responsible for safeguarding sensitive patient information. While doctors and hospitals are at the forefront, Business Associates (BAs) also play a critical role in HIPAA compliance. From marketing firms to IT organizations, any entity handling protected health information (PHI) for a Covered Entity (CE) becomes a BA, entrusted with a dual mission: serving clients and ensuring data security. Abyde has written a case study on the consequences of Business Associates neglecting their shared responsibility. The case of Doctors’ Management Services (DMS) serves as a stark reminder of the consequences of avoiding BA responsibilities. In April 2017, a ransomware attack compromised the PHI of over 200,000 patients, putting them at risk. Shockingly, DMS discovered the breach over a year later, failing to implement basic security measures and promptly report the incident. This resulted in a $100,000 fine – the first-ever HIPAA penalty related to ransomware – and three years of corrective action under OCR monitoring. The key takeaways are clear: Here’s how Abyde can help BAs navigate HIPAA compliance with ease: We have a new software launching soon focused on assisting Business Associates achieve HIPAA compliance. Our software is revolutionizing, and it: Don’t wait to become the next cautionary tale. Choosing Abyde’s HIPAA for BA software demonstrates your commitment to compliance excellence. Read the entire case study here. For more information on how your organization can achieve compliance, email info@abyde.com and schedule an educational consultation here.

Cybersecurity, Fines, HIPAA

Malicious Insider Cybersecurity: Montefiore’s $4.75 Million Lesson

February 7, 2024 Gaurav Modi Comments Off

February 7, 2024 New York’s Montefiore Medical Center just learned a brutal lesson in data security: don’t underestimate the threat from within. The healthcare giant has been slapped with an astounding $4.75 million fine for HIPAA violations, stemming from multiple incidents of unauthorized employee access to patient records. This hefty penalty is the largest fine since 2021 and sends a clear message to the entire healthcare industry: malicious insider cybersecurity is a critical threat demanding immediate attention. The Inside Job: It all started in 2013 when a Montefiore employee turned rogue, accessing and selling the personal information of over 12,000 patients. Montefiore did not find out and report this breach till 2015. The HHS began its investigation in late 2015, and saw numerous violations. Security Sleepwalking: OCR’s investigation exposed glaring security gaps at Montefiore. They found the hospital: The Price of Neglect: Montefiore failed to implement basic HIPAA Security Rule safeguards, resulting in a record-setting fine and a major reputational blow. This case is a stark reminder to healthcare providers of the ever-growing danger of insider threats and the crucial need for comprehensive cybersecurity measures. Lessons Learned: So, how can healthcare providers avoid a similar fate? Here are key takeaways from Montefiore’s missteps: Don’t know how to start? Well, we do. Abyde can easily assist you in building a culture of compliance for your organization. The revolutionary Abyde software includes an extensive security risk analysis, highlighting best practices and any risks your practice currently faces. The security risk analysis is simple, yet still robust, ensuring your practice knows what steps it needs to take to be compliant. Our software also outlines the responsibilities of employees through our dynamically generated, personalized for you, policies and procedures. Additionally, Business Associate Agreements can easily be created and signed within the portal, storing all important compliance documentation within the software. To learn more about how you can achieve compliance for your organization, email us at info@abyde.com and schedule a demo here.

Business Associates, Fines, HIPAA

BA Blunders: Lessons From Major Fines Given to BAs

February 6, 2024 Gaurav Modi Comments Off

February 6, 2024 Hey there, privacy protectors! Abyde here, your friendly neighborhood compliance champion, dropping some serious knowledge about Business Associate (BA) blunders. You know, those slip-ups that land you in hot water with HIPAA? Not a fun time at all. Here are some major lessons that BAs can learn from to ensure they continue to uphold their shared responsibility of protecting patient data. Proactive security is key: Assuming your company is immune to threats can lead to costly mistakes. Doctors’ Management Services faced this harsh lesson when they were part of a cyber attack and their files, which included protected health information, were infected with ransomware. DMS didn’t realize their files were affected for over a year. This infection isn’t something that can be quickly cured, with hacking organizations demanding money in exchange for access to files. The DMS’s delayed reactionary response teaches BAs what not to do. The DMS did not have an updated security risk assessment, policies and procedures in place, or security systems in place to be prepared for this ransomware attack. The OCR fined them a pretty penny, $100,000, for their negligence. This lesson was also the first fine based on a ransomware attack. Secure all servers: All protected health information, or PHI, a Business Associate interacts with, needs to be properly secure. While this seems obvious, BAs have learned this lesson the tough way, like MedEvolve’s $350,000 fine. MedEvolve had PHI online on an easily accessible server. This publicly accessible server included information like patient names, billing addresses, and even social security numbers. A similar fine also occurred to iHealth Solutions, an IT organization that did not properly secure access to a server that contained the PHI of over 250 patients. This mistake cost the company $75,000. Set up remote deletion of PHI: When working in a business, numerous devices have access to PHI. It is imperative to ensure data can be quickly wiped if these devices get into the wrong hands. A perfect example of this lesson was one learned by the Catholic Health Care Services of the Archdiocese of Philadelphia, which was fined $650,000. There was a theft of a CHCS employee’s phone that contained PHI. This phone had access to extensive PHI, including, social security numbers, diagnoses and treatments and patients’ families. Due to this stolen device, and no proactive measures to mitigate the detrimental impacts of theft, the CHCS was heavily fined and had to be monitored for two years. These fines may grab headlines, but the true cost goes beyond money. Breaches erode patient trust, damage reputations, and hinder the security of healthcare. Remember, BAs play a vital role in safeguarding sensitive information, and non-compliance has far-reaching consequences. While these fines serve as expensive lessons, Abyde is here to simplify compliance for your organization. Learn more about what it means to be a compliant Business Associate by emailing info@abyde.com and scheduling an educational consultation here.

Community Health Center of Richmond OSHA Fine

Fines, OSHA

Staten Island Health Center Hit with $195K Fine for Silencing COVID Safety Whistleblower

January 31, 2024 Gaurav Modi Comments Off

January 31, 2024 Hi regulation rockstars! There have been some major new updates in OSHA fines. A Staten Island health center recently learned a $195,000 lesson on the importance of whistleblower protection during a global pandemic. What Happened: A Staten Island health center, Community Health Center of Richmond (CHCR), has been ordered to pay $195,000 to a former employee they illegally fired for raising concerns about an in-person staff meeting during the early days of the COVID-19 pandemic. Ouch. The Whistleblower: This brave employee, concerned about the health risks of an in-person meeting in March 2020, requested a teleconference instead. They even went ahead and changed the meeting format themselves. Talk about taking initiative! Retaliation Bites Back: Unfortunately, CHCR CEO Henry Thompson wasn’t having it. He insisted on the in-person meeting, putting the employee in a tough spot. Faced with the choice between their health and their job, the employee ultimately chose not to attend. But instead of understanding their concerns, CHCR suspended them for “insubordination” and then fired them shortly after. Yikes. OSHA Steps In: The employee, rightfully upset, filed a whistleblower complaint with OSHA. And guess what? OSHA investigated and found CHCR in violation of whistleblower protection laws. Big win for employee rights! The Payout: As part of a settlement, CHCR and Thompson are shelling out $195,000 to the employee, on top of other measures like: The Takeaway: This case sends a clear message: Employers can’t silence employees who raise safety concerns, especially during a pandemic. Here’s what this means for you: Remember, your health and safety matter. Don’t let employers bully you into silence. If you have concerns, speak up and know that you have rights. To learn more about your rights in the workplace, email info@abyde.com and schedule an educational consultation here.

Fines, HIPAA, Legislation, OSHA

The Increase in HIPAA and OSHA Fines in 2024

January 30, 2024 Gaurav Modi Comments Off

January 30, 2024 Well, my compliance crew, the cost of noncompliance just went up. As we all know, the costs of a HIPAA or OSHA violation can be detrimental to a practice. 2024 is bringing some hefty new financial burdens for organizations responsible for protecting patient privacy and worker safety. Buckle up, because increased fines for HIPAA and OSHA violations are here, and they’re not messing around. HIPAA: Your Data, Your Dollars The Department of Health and Human Services (HHS) has adjusted HIPAA civil monetary penalties for inflation, effective January 1st, 2024. This means: The message is clear: protecting patient privacy is more important than ever, and the government is willing to put its money where its mouth is. It’s time for healthcare providers and covered entities to beef up their data security measures and HIPAA compliance training. OSHA: Safety First, Fines Second OSHA hasn’t been shy about increasing its civil monetary penalties either, effective January 17th, 2024. Here’s the breakdown: These adjustments reflect the rising cost of workplace injuries and illnesses. Businesses across all industries need to prioritize safety protocols and employee training to avoid these financial penalties and potential lawsuits. Who Feels the Pinch? These increased fines impact various stakeholders: The Bottom Line: The 2024 fine hikes for HIPAA and OSHA violations are a wake-up call for organizations. While the financial implications are significant, neglecting compliance can be far costlier in terms of reputational damage, legal repercussions, and potential harm to individuals. That’s where Abyde can help your practice and organization. Abyde’s software can simplify compliance for you, with our software including training, risk assessments, dynamically generated policies and more. By proactively addressing these regulations, organizations can create a safer and more secure environment for everyone involved. Remember, compliance isn’t just about avoiding fines; it’s about building trust and protecting what matters most. So, be a compliance champion, not a cautionary tale. Make 2024 the year of safety, security, and peace of mind! To learn more about what you need to do to be compliant, email us at info@abyde.com and set up an educational consultation here.

Fines, HIPAA

Two Years on Probation, $140,000 Lighter: The Price of Healthcare’s Insider Threat

January 12, 2024 Gaurav Modi Comments Off

January 12, 2024 Two Years on Probation, $140,000 Lighter: The Price of Healthcare’s Insider Threat A former healthcare executive in Kentucky has been sentenced to probation and ordered to pay restitution after admitting to disclosing patients’ protected health information (PHI) in violation of HIPAA. This case highlights the ongoing threat of insider data breaches in the healthcare industry and the importance of strong data security measures. The Case: Mark Kevin Robison, a former vice president at Commonwealth Health Corporation (now Med Center Health), pleaded guilty to knowingly disclosing PHI of patients under false pretenses to an unauthorized third party between 2014 and 2015. While details of the unauthorized disclosure remain unclear, the incident underscores the potential harm caused by insider data breaches within healthcare organizations. Avoiding Jail, Facing Consequences: Despite facing a potential five-year prison sentence and a $100,000 fine, Robison’s plea deal secured him two years of probation and a $140,000 restitution to the hospital. Half of the restitution has already been paid, and Robison is expected to cover the remaining amount by the end of January. Lessons Learned: The Robison case serves as a stark reminder of the importance of data security in healthcare. Healthcare organizations must: Insider Threats Remain a Challenge: While HIPAA violations by external hackers often grab headlines, insider threats like the Robison case pose a significant and often underestimated risk. Healthcare organizations must prioritize data security measures that take into account both external and internal threats. Looking Ahead: This case should serve as a wake-up call for healthcare organizations to redouble their efforts to protect patient data. By prioritizing data security and creating a culture of compliance, healthcare providers can help ensure that patients’ personal information remains safe and secure. To learn more on how to ensure your practice is compliant, email info@abyde.com and schedule an educational consultation.

Best Practices, Fines, HIPAA

2023’s Lessons Learned: Building a Secure Future for Patient Information

January 8, 2024 Gaurav Modi Comments Off

January 8, 2024 The year 2023 marked a turning point in healthcare data privacy. HIPAA compliance took center stage, with both the Office for Civil Rights (OCR) and state Attorneys General flexing their muscles and delivering hefty settlements for violations. This surge in enforcement activity sends a clear message: protecting patient data is crucial and required for practices. Ransomware reared its ugly head, leaving a trail of exposed records and compromised privacy. OCR’s first-ever settlement for a cyberattack, involving over 200,000 individuals impacted by Doctors’ Management Services, and costing the organization a $100,000 fine. This highlights the growing threat of malware and the need for robust cybersecurity measures. Investigations also revealed systemic vulnerabilities in security practices, risk analysis, and incident response, exposing crucial areas for improvement. Financial penalties skyrocketed in 2023, reflecting a zero-tolerance stance towards HIPAA non-compliance. From LA Care’s $1.3 million settlement for inadequate security to St. Joseph’s Medical Center’s $100,000 fine for unauthorized PHI disclosure, we see that violations come with a steep price tag. Hacking remained the primary culprit of breaches. Over 77% of the large breaches reported to OCR were due to hacking. In addition, the large breaches reported this year have affected over 88 million individuals, an increase of over 60% compared to 2022. This alarming trend underscores the urgency of prioritizing patient data protection and implementing robust cybersecurity solutions. The year 2023 also saw a stark reminder that safeguarding patient information extends beyond digital security. The Kaiser Foundation Health Plan’s $49 million settlement, while not directly fined by the OCR, but the State Attorney General of California, served as a cautionary tale. The case centered on the organization’s improper disposal of PHI and hazardous waste in dumpsters, exposing sensitive information and potentially harmful materials to anyone who stumbled upon them. This incident highlights the critical need for comprehensive data governance policies encompassing not just digital security protocols but also physical procedures for secure storage, transportation, and disposal of any materials containing PHI. While the statistics paint a grim picture, they also present an opportunity for positive change. Abyde, a leading provider of compliance software, believes this heightened awareness can be a catalyst for improvement. By embracing comprehensive and intuitive compliance solutions, enforcing policies and procedures and fostering a culture of compliance in your practice or organization, we can ensure patients’ data is safe. 2023 may have been a year of reckoning for HIPAA compliance, but it will be the foundation of a secure 2024. Let’s work together to prioritize patient privacy, strengthen security and overall, promote a culture of compliance, to keep patients safe. Contact Abyde today at info@abyde.com or set up a demo to see how our compliance software will keep your practice and patients safe this new year.