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HIPAA & Breach Enforcement Statistics for February 2015

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


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More Laptops Stolen,
But Desktops Account for More Records in Breaches

Health data breaches involving more than 500 patients rose to 1,196 as OCR posted nine new incidents affecting more than 365.491 patients, according to the latest analysis by HIP/SA of OCR data from Dec. 18 through Jan. 17.

The overall number of patients affected by breaches was 41,510,971. OCR has noted that the statistics would change as it received more information on each breach.

Business Associates (BA) may have been involved in as many as 335 incidents, which suggests BAs were not involved in the 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.

The theft of laptops continued to be the leading cause of HITECH breaches by number of incidents. However, desktops accounted for more compromised records.

The full monthly analyses of the HITECH Act breaches and HIPAA complaints are available for only $30 a year.
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Number of HIPAA Patient Complaints Plunges in December

OCR reported it received 106,522 HIPAA patient complaints as of Dec. 31 and since the agency began enforcing the rules in April 2003. The 562 complaints it received in December is a substantial drop from 1,027 it received in November and the 867 it received October. OCR received 2,841 complaints in September.

OCR indicated that it had 4,230 open complaints in December compared to 4,876 in November and 5,047 in October.

The privacy areas investigated most often were:

  • Impermissible uses and disclosures of protected health information;
  • Lack of safeguards of protected health information;
  • Lack of patient access to their protected health information;
  • Lack of administrative safeguards of electronic protected health information; and
  • Use or disclosure of more than the minimum necessary protected health information.


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OCR Security Stats - OCR Did Not Update the Security Complaint 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. OCR said it had 316 open complaints and compliance reviews.


HIPAA Transactions Standards
CMS Has Not Updated 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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The Ripple Effects of HHS Proposed Requirements
for Accounting of Disclosures

July
2011

 

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