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HIPAA & Breach Enforcement Statistics for November 2014

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


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Many HITECH Breaches Last Longer than 10 Days

More than 10% of major HITECH breaches were ongoing and not attributed to one-time events, ranging from one day to 2,891 days, an analysis of OCR breach data by Health Information Privacy/Security Alert found.

Of the 1,135 breaches reported to OCR as of Oct. 17, 146 incidents had durations of one day or more.

That finding suggested that healthcare organizations should take a closer look at existing data management systems and practices.

The full monthly analyses of the HITECH Act breaches and HIPAA complaints are available for only $30 a year.
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Editor's Note: OCR did not update its statistics on HIPAA patient complaints. In recent months, HHS has apparently abandoned its years old practice of releasing the statistics on a regulatr and predictable basis.

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.

The full monthly analyses of the HITECH Act breaches and HIPAA complaints are available for only $30 a year.
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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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The full monthly analyses of the HITECH Act breaches and HIPAA complaints are available for only $30 a year.

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The November 2014 issuealso focuses on laptops and electronic portable devices and is available for only $10.00
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The Ripple Effects of HHS Proposed Requirements
for Accounting of Disclosures

July
2011

 

The full monthly analyses of the HITECH Act breaches and HIPAA complaints are available for only $30 a year.

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