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CardioNet Settlement Shows Need for Healthcare Providers to Secure Mobile Devices

In the first Health Insurance Portability and Accountability Act (“HIPAA”) settlement involving a wireless health services provider, CardioNet on April 24 agreed to pay $2.5 million for allegedly losing a laptop containing individual health information.

The size of this and other recent settlements demonstrates the increasingly active stance being taken by the Department of Health and Human Services Office for Civil Rights (“OCR”) on the need for organizations to implement strong, HIPAA-compliant security policies – including those involving mobile devices used for work. The settlement was based on the impermissible disclosure of unsecured electronic protected health information (“ePHI”).

Pennsylvania-based CardioNet provides remote mobile monitoring and rapid response to patients at risk for cardiac arrhythmias. In 2012, the company reported to OCR that a workforce member’s unencrypted laptop had been stolen from a parked vehicle outside the employee’s home. The laptop contained the ePHI of 1,391 individuals.

Encryption Can Help

OCR’s investigation revealed that, at the time of the theft, CardioNet lacked sufficient risk analysis and risk management. In addition, the company’s policies and procedures implementing the standards of the HIPAA Security Rule were in draft form and had not been implemented.

Breaches such as this can be prevented by the use of encryption. If an encrypted device containing ePHI is lost or stolen, the incident does not need to be reported to OCR and patients do not need to be notified. Most importantly, patients’ ePHI will not be exposed if devices are lost or stolen. While encryption is not cheap, it is much less expensive than an OCR fine.

In addition to the fine, CardioNet agreed to adopt a corrective action plan requiring it to conduct a risk analysis, develop and implement a risk-management plan, revise its employee training program, and implement secure device and media controls.

A “Watershed Year”

In the past year, healthcare entities have seen a dramatic increase in HIPAA enforcement – and the related costs. CardioNet marks the seventh multi-million-dollar settlement with OCR in the last year – including a $5.5 million settlement with Memorial Healthcare System in February, a $2.14 million settlement with St. Joseph Health in October, a $5.5 million settlement with Advocate Healthcare in August, and $2.7 million settlements with Oregon Health & Science University and the University of Mississippi Medical Center in July.

And it is unlikely that this trend will change. A recent study issued by Navigant Global Technology Solutions indicates that 2017 is shaping up to be another “watershed year” for cybersecurity threats and attacks. Last year, healthcare accounted for by far the largest percentage of reported breaches – 42.7 percent.

This report suggests that organizations of all sizes partner with outside consultants and experts to ensure that all requirements are met and routinely audited. These actions include:

  • Establish a cybersecurity program;

  • Adopt a cybersecurity policy;

  • Identify and install a chief information security officer;

  • Establish a policy and process to assess vendor cybersecurity; and

  • Conduct an annual risk assessment to include penetration testing.

Copyright Holland & Hart LLP 1995-2018.

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About this Author

Kim C. Stanger, Holland Hart, Health care Lawyer, HIPAA Attorney, Technology
Partner

Clients in the healthcare industry trust Mr. Stanger to provide sophisticated and nuanced counsel on everything from simple healthcare transactions to more complicated regulatory matters.

Mr. Stanger guides clients through simple and complex healthcare transactions, including practitioner and payor contracts; joint ventures; practice formations, acquisitions, and mergers; conversions; and physician integration. He helps clients comply with numerous laws and regulations governing healthcare, including Stark, the Anti-Kickback Statute, HIPAA,...

208-383-3913
C. Matt Sorensen, Holland Hart, regulatory compliance attorney, data breach management lawyer
Associate

Mr. Sorensen is a Certified Information Systems Security Professional (CISSP) and Certified Information Privacy Professional in both the United States and Europe (CIPP/US and CIPP/E), focusing his practice on domestic and international data privacy and cybersecurity law. He advises companies across industries on breach prevention, cyber-attack preparedness, information governance,  regulatory compliance, and data breach management. In particular, he helps clients understand how to create and implement effective compliance programs and controls.

Clients benefit from Mr. Sorensen’s combined legal experience and strong technical background. Prior to joining Holland & Hart, Mr. Sorensen served as the IT Compliance Officer for the Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints, where he helped oversee an information security program spanning 58 countries and more than 60 business lines. He has held various information risk management roles, advising businesses in the financial, technology, and legal industries.

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