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In the News Press Release

Call In the Reinforcements

Publisher: For the Record
December 2016

Jim Bowers and Eric Fader were quoted in an article, "Call in the Reinforcements," published in For the Record magazine. The article discussed what healthcare organizations must do to be prepared to respond in the event they suffer a data breach. "You have to very quickly be able to assess whether a breach has occurred, get notification out, and plug the gaps," Bowers noted, adding that timely oversight and management position organizations well for what may hit them from the outside. Also, he pointed to the need for external expertise in pulling information together in a "forensic" manner. "We've seen situations where companies trying to plug the breach have destroyed evidence. You want to make sure that in correcting the leakage issue that you don't destroy evidence that might be crucial to litigation later on," Bowers cautioned. Fader pointed out that breach investigations can be time-consuming. "First, you have to get your arms around where the information went, to whom it went, and whether it is likely to be further disseminated," he explained. "In some cases, upon investigation, you can stop the information that was initially considered a breach from getting further. Or, maybe there is no indication that it did get disseminated in a way that is potentially damaging." He added that while there is no private right of action under HIPAA, covered entities can be sued for such common-law or state-recognized causes of action as negligence or intentional infliction of emotional distress.


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