Breach Notification Assignment
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Eastern Gateway Community College *
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230
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Health Science
Date
Feb 20, 2024
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docx
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Uploaded by MegaRiverDove42
1.
Breach Notification Assignment
Ashley Hammock
HIM 230
Legal and Ethical Concepts in Healthcare
Professor Terrell
February 11, 2024
2.
A breach is an unauthorized acquisition, access or use of PHI that compromises the security or privacy of such information. There are 3 exceptions to the breach definition such as unintentional acquisitions made in good faith and within the scope of authority. Disclosures where the recipient could not retain the information and disclosure by a person authorized to access PHI to another authorized person at the covered entity. All workforce members must be educated to notify the appropriate contact person within the covered entity when they notice a breach so the required notifications can be made. An individual must be notified that their information was included in the breach within no more than 60 days (about 2 months) by first class mail or by telephone if there is an immediate threat of misuse. If over 500 patients are involved, they must be notified immediately, and a media notification must be used as well. If less than 500 patients are involved it must be logged by the covered entity in an HHS reporting system and submitted annually as a report no later than 60 days after the end of the calendar year. The FTC provides protection to individuals whose information has been breached by non-
covered entities. Eye Care leaders suffered unauthorized access to my care. The unauthorized party accessed the EMR system and deleted databases and system configuration files. The company alleges that no Internal systems were impacted by the breach although according to the
lawsuit patients' names, date of birth, medical records, social security numbers were exposed. The case was settled, and patients were awarded an amount based on if they were patient class members or physician class members, as billing credits if paid out of pocket or paid directly to those affected insurance policies. This could have been avoided by reviewing and updating access controls, permissions, and a data storage security procedure. The company has also Implemented technical and physical safeguards.
3.
Resources:
“ECL Privacy Breach Litigation - Home.” Www.eclsettlement.com
, www.eclsettlement.com
. Accessed 10 Feb. 2024.
“Eye Care Leaders Facing Class Action over December 2021 Data Breach.” Www.classaction.org
, 13 July 2022, www.classaction.org/news/eye-care-leaders-facing-
class-action-over-december-2021-data-breach
.
Sayles, Nanette B, and Leslie L Gordon. Health Information Management Technology : An Applied Approach
. 6th ed., Chicago, Ill. Ahima - American Health Information Management Association, 2020.
U.S. Department of Health & Human Services. “U.S. Department of Health & Human Services - Office for Civil Rights.” Hhs.gov
, 2019, ocrportal.hhs.gov/ocr/breach/breach_report.jsf.
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