NJ Attorney General Imposes $425,000 Fine to Put out the Fire of HIPAA Violation

December 21, 2021

Handling sensitive information without having the right safeguards in place can be like playing with fire, and we’ve all seen enough headlines to know just how easily a data breach can send a healthcare organization up in smoke. Just last week, the New Jersey Office of the Attorney General and its Division of Consumer Affairs announced a $425,000 settlement with Regional Cancer Care Associates LLC (RCCA). Along with the payment, RCCA has agreed to strengthen data security and privacy practices to prevent further breaches.

The investigation was sparked back in 2019 after RCCA reported two separate data breaches involving the protected health information (PHI) of 105,000 individuals. The first of the two breaches occurred after several RCCA employees fell victim to a targeted phishing scheme that gave unauthorized access to patient data stored on those accounts from April – June 2019. The phishing scheme exposed driver’s license, Social Security, and financial account numbers along with other health records.

While the threat of a phishing scheme can be better avoided through proper cybersecurity measures and employee training, the even bigger problem began in RCCA’s attempt to put out the first set of flames. Following the Breach Notification Rule, the cancer care provider notified impacted patients in July of that same year. However, the third-party vendor they used to provide this notice, improperly mailed notification letters intended for 13,047 living patients by addressing the patients’ perspective next-of-kin. This mistake resulted in patients’ relatives being informed of their medical conditions without consent – essentially just adding even more fuel to the blaze that the initial breach set off.

Now just one lit match wouldn’t ignite a settlement of this proportion, but rather RCCA’s failure to do all of the following: 

  • Ensure the confidentiality, integrity and availability of patients PHI
  • Protect against reasonably anticipated threats to the security of PHI through necessary safeguards
  • Conduct an accurate and ongoing Security Risk Analysis
  • Implement a security awareness and training program for all employees

So while the rising trend of healthcare data breaches won’t be easily extinguished, keeping your practice best-protected starts with having a complete HIPAA and cybersecurity program in place. Better staff education and compliance measures should be a top priority and the message from Acting Attorney General Bruck stating, “We require healthcare providers to implement adequate security measures to protect patient data, and we will continue to hold accountable companies that fall short,” is hopefully something that will spark some change. 

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