Erin Dunlap Provides Insight on Overturned HIPAA Penalty for Healthcare Risk Management

When the Fifth U.S. Circuit Court of Appeals overturned a $4.3 million civil monetary penalty imposed on the University of Texas M.D. Anderson Cancer Center by the U.S. Department of Health and Human Services (HHS), Healthcare Risk Management asked health care data privacy attorney Erin Dunlap to explain how the decision may impact HIPAA covered entities and business associates. Erin called the decision a “game changer,” particularly in how entities subject to HIPAA will view HIPAA’s encryption rule, evaluate a loss of protected health information (PHI) and engage with HHS in setting investigations.  Erin specifically highlighted the Fifth Circuit’s position that the encryption specification was not a strict liability rule and perfection or ‘bulletproof protection’ is not the standard.  This is helpful for HIPAA covered entities...

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