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July 02, 2020

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June 30, 2020

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Ransomware Attack and HIPAA Violation Penalty

E-Medical Record Provider Attacked by Ransomware

Press reports indicate that the cloud services provided by Greenway Health have been impacted by a ransomware attack. Greenway Health is used as an electronic medical record provider under the product name, Intergy by over 10,000 health care providers in the United States. If your practice or facility is using Intergy services, we can assist you in reaching out to Greenway Health to obtain certain assurances regarding your data and platform.

Covered Entity Pays $31,000 for Failing to Obtain Business Associate Agreement

Last week, the U.S. Department of Health and Human Services (HHS) Office of Civil Rights (OCR) agreed to a $31,000 payment from a covered entity as a penalty for failing to have one necessary Business Associate Agreement in place. OCR has fined several covered entities in excess of $1 million for failing to perform a risk analysis and failing to have proper policies and procedures in place to implement HIPAA.

© 2020 Heyl, Royster, Voelker & Allen, P.CNational Law Review, Volume VII, Number 121


About this Author

Roger Clayton, Heyl Royster Law Firm, Healthcare And Professional Licensure Attorney

Roger is the Chair of the firm’s statewide Healthcare Practice and Professional Regulation/Licensure Practice, and co-Chair of the Qui Tam (Whistleblower) Practice. His primary focus is healthcare law, representing physicians, hospitals, long-term care facilities, and other healthcare organizations in a broad range of issues including licensure, fraud and abuse, corporate compliance, contracting, policies and procedures, staff concerns, and defense of malpractice and other litigation.

Roger is also a leader in the use of technology in the legal...

Deanna Mool, Heyl Royster, healthcare regulatory lawyer, Estate Planning attorney, FCA
Of Counsel

Deanna’s practice is primarily focused on healthcare regulatory law (including HIPAA, Stark, and Anti-Kickback compliance, False Claims Act issues, and contracting), and Estate Planning.

In the practice of healthcare law, Deanna has represented hospitals, nursing homes, assisted living facilities, physicians, audiologists, nurses and other healthcare professionals. She gained valuable healthcare law experience as General Counsel to the Illinois Department of Public Health (1996-2001). She also served as in-house counsel at the SIU School of Medicine (2013-2016). She has assisted more than 200 clients with HIPAA compliance. Deanna also advises clients regarding HIPAA breach compliance. She frequently drafts leases, physician employment agreements and affiliation agreements to assist healthcare facilities and providers in order to comply with Stark and other health care laws. She has drafted compliance plans and is Certified in Healthcare Compliance through HCCA. Deanna advised a local Institutional Review Board with respect to FDA compliance of research matters. Deanna has advised a variety of healthcare clients during audits and during enforcement proceedings before both federal agencies and the Illinois Department of Healthcare and Family Services, including enforcement proceedings related to Medicaid/Medicare reimbursement. Deanna has earned certificates-of-need for healthcare facilities before the Illinois Health Facilities Planning Board; represented facilities in obtaining operating licenses from both the Illinois Department of Public Health and Illinois Department on Aging; and represented clients in professional licensure matters before the Illinois Department of Financial and Professional Regulation.

Gregory Rastatter, Litigation Attorney, Heyl Royster Law Firm

Greg is a partner in the firm's Peoria office. He is a member of the firm's business/commercial litigation, business/corporate organizations and healthcare practice groups. Greg handles many aspects of commercial business advisement, from determining the most advantageous legal structure for the business organization and ensuring the business client is legally protected as an ongoing concern, to negotiating contracts and advising the client through mergers and acquisitions.