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HIPAA & Breach Enforcement Statistics for October 2014

Produced by Health Information Privacy/Security Alert
Published by Melamedia, LLC


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BAs Involved in 13 of 41 Newly Posted HITECH Breaches

Health data breaches involving more than 500 patients rose to 1,124 from 1,083 as OCR posted 41 new incidents affecting more than 4.95 million patients, according to the latest analysis by HIP/SA of OCR data from Aug. 18 through Sept. 17.

More than 38,723,605 patients have been affected overall since OCR started publishing data.

Business Associates (BA) may have been involved in as many as 323 incidents, which suggests BAs were involved in 13 of the 41 newly posted incidents. However, that number is uncertain because the OCR statistics do not indicate whether a Business Associate was involved in at least two dozen instances.

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HIPAA Patient Complaints Break 100,000 Mark in August

OCR reported it received 101,225 HIPAA patient complaints as of Aug. 31 and since the agency began enforcing the rules in April 2003.

The number indicated that the monthly number of complaints filed with OCR fell to 1,268 from the 1,678 it received in July.

That followed a dramatic drop to 577 monthly complaints filed in June.
Of the 33,317 complaints that fell within OCR's jurisdiction, 22,927 required corrective actions by covered entities (CE).

An analysis by HIP/SA found that the agency determined that 118 CEs were required to take some action in response to complaints in August. In July, 99 complaints required action; in June 89 CEs were required to take action.

The privacy areas investigated most often were:

  • Impermissible uses and disclosures of protected health information (PHI);
  • Lack of safeguards of PHI;
  • Lack of patient access to their PHI;
  • Uses or disclosures of more than the Minimum Necessary PHI; and
  • Lack of administrative safeguards of electronic PHI.

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OCR Security Stats

OCR said that as of June 30, it received 940 complaints alleging a security rule violation since it took over enforcement from CMS in October 2009. The agency statistics suggested that it received 20 complaints in August. It received 19 complaints in July and 21 complaints in June.
.


HIPAA Transactions Standards
CMS Did Not Update Stats Since January 2014

Complaints Received by CMS
Through Jan. 31, 2014
Complaint Type Total Open Closed
Transaction and Code Sets 808 21 787
National Provide Identifier 62 0 62
Total 870 21 849
No Civil Penalties Imposed

Open –Outstanding issues remain. Entity may be under a corrective action plan or additional information from either the complainant, the filed against entity, or both is being sought.
Closed–No further action required. All issues have been sufficiently resolved.

  Source: CMS

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