Changes to the HIPAA Enforcement Rule: What Providers Need to Know Now

HIPAA EnforcementBy Catherine G. Patsos, Esq.

Changes to the Health Insurance Portability and Accountability Act (HIPAA) Rules are here,[i] and covered entities and business associates have until September 23, 2013 to comply with them. Many changes have been made to the Enforcement Rule, as well as the Privacy and Breach Notification Rules. One of the most significant changes to the Enforcement Rule for providers is that a covered entity is now liable for the violations of its business associate if the business associate is acting as an agent of the covered entity.

Enforcement Rule

There are four modifications to the Enforcement Rule that generally affect the investigation of HIPAA Rule violations and imposition of civil monetary penalties (CMPs). First, the Secretary of the U.S. Health and Human Services (HHS) is required to formally investigate allegations of HIPAA Rule violations that are due to willful neglect, and impose CMPs upon findings such violations. Second, business associates are now liable for CMPs for certain HIPAA Rule violations. Third, the Secretary is required to determine the amount of CMPs to be imposed based on the nature and extent of harm caused by the violation. Finally, the Secretary’s authority to impose CMPs will be restrained only where a criminal penalty has actually been imposed with regard to the HITECH Act; previously, the Secretary was prohibited from imposing CMPs in cases where the offense was criminally punishable under the HITECH Act. Accordingly, the Secretary has broader authority to impose CMPs on violations of the HITECH Act.
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Posted in Guest Posts

Do You Need a Cloud Computing Policy?


Computer Security Tip of the Week

Scott Aurnou – With the wide availability of cloud-based apps, storage, and even computer functionality, it is all too easy for network users to move proprietary and other sensitive data outside of a company’s network (and control). Creating and enforcing a well put together cloud computing policy can go a long way towards alleviating these potential problems.

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Posted in Cloud Security, Network Security, Security Tip of the Week

What Is a (Computer) Worm?

By Scott Aurnou

One of the primary threats to computers and electronic devices is malware (short for ‘malicious software’). A worm is a fairly common type of malware that replicates itself to spread around a computer network and from computer to computer. Unlike a computer virus, a worm will often operate as a standalone program and does not to attach itself to – or corrupt – any ‘host’ file. Instead, a worm will frequently hide in parts of a computer’s operating system that the average user will not notice. At times the only observable sign of an infection is the slowing of a computer’s functions as the worm takes up more and more system resources as it continues to replicate itself.

While some computer worms are only designed to spread themselves over and over, others contain malicious computer code that can destroy data and/or programs, encrypt your computer’s files (without your knowledge or approval) to set up a ‘ransomware’ attack and install a ‘backdoor’ to allow an attacker easy access to the computer to essentially take it over remotely, co-opting the computer (or device) into a botnet. Botnets are often used to overwhelm a website with web traffic in a type of attack known as a distributed denial of service, generate false online ad revenue or send spam.
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Posted in Laptops & Desktops, Network Security

How to Choose a Strong Password


Computer Security Tip of the Week

Scott Aurnou – Creating a strong password may seem like a chore, but sometimes it can literally be the only thing standing between a cybercriminal and your personal and financial information or access to your company’s network and intellectual property. Here are some tips for creating a strong password (that you can actually remember).

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Posted in Cloud Security, Laptops & Desktops, Network Security, Security Tip of the Week, Smartphones & Tablets