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.
On September 20, Susan Huntington presented during an educational call-in discussion, "Insurance and Coverage Risk Management Approaches to Address the Opioid Crisis," for the American Health Lawyers Association (AHLA).
Day Pitney was a presenting sponsor of the 14th Annual Women of Innovation Awards gala, presented by the Connecticut Technology Council and held at the Aqua Turf Club in Southington, CT.
Erin Magennis Healy, Lori J. Braender and Thomas A. Zalewski authored an article, "A Provider's Guide to Managing a Medical Device Recall," which was published in the American Health Lawyers Association Journal of Health & Life Sciences Law.
Day Pitney Alert
Susan Huntington and Danielle Corcione will present an educational call-in discussion, "The Focus on Individuals in Fraud Investigations and Considerations for D&O Insurance," for the American Health Lawyers Association on November 9 from 11 a.m. to 11:45 a.m.
Day Pitney Press Release
Day Pitney's recently updated HIPAA self-assessment tool was featured in an article published in Clinical Lab Products magazine.
Day Pitney Press Release
Susan Huntington and Eric Fader were quoted in an article, "Growing HIPAA Focus Leads To Fresh Compliance Options," published in Law360.
Day Pitney LLP is pleased to announce the availability of its updated HIPAA Self-Assessment Tool 2.0 ("Tool"), designed to provide an easy and cost-effective way for organizations to perform a self-assessment of HIPAA compliance based on the U.S. Department of Health and Human Services' Office for Civil Rights ("OCR") expanded audit protocol.