Electronic health records (EHRs) play an important role in the efficient delivery of healthcare throughout the country. Unfortunately, breaches of this sensitive information are not uncommon. In a recent example, Oracle Health reported data breaches in three states following a cyberattack earlier this year.
In July, Oracle Health submitted breach reports to California, South Carolina, and Texas. The breach affected 4,082 individuals in Texas. Those involved in the matter report that they traced the incident back to a hacker who accessed systems and gathered sensitive patient information, including names, Social Security numbers, and medical records. Oracle Health noted that federal law enforcement requested a delay in notifying patients during the investigation.
This incident serves as a reminder of the need for security measures to protect EHRs from breaches.
When is a private practice liable?
A private practice may be liable for a data breach if it fails to implement adequate security measures to protect patient information. Liability often arises from negligence, such as inadequate encryption, poor access controls, or failure to comply with regulations like the Health Insurance Portability and Accountability Act (HIPAA). Practices must take steps to ensure they meet legal standards to mitigate the risk of penalties and lawsuits.
How can I mitigate the risk of a data breach?
Proactive measures, including the following, can help:
- Conduct regular risk assessments: Identify vulnerabilities in your systems and address them promptly.
- Implement strong access controls: Limit access to sensitive data to authorized personnel only.
- Encrypt sensitive information: Use encryption to protect data both in transit and at rest.
- Train staff on data security: Educate employees about best practices and the importance of protecting patient information.
By following these steps, practices can reduce the risk of a data breach and protect their patients’ sensitive information.
What should my practice do in the event of a data breach?
In many cases, it is wise to notify affected individuals and inform patients about the breach as well as the potential impact on their personal information. You may also need to report the breach to authorities.
It is also wise to conduct an investigation to determine the cause of the breach and take corrective action to prevent future incidents. This can provide an opportunity to strengthen your security protocols based on lessons learned from the breach.
It is important for private practices who find themselves facing allegations of an EHR data breach to take the matter seriously. Prompt action can help to mitigate the impact of the breach and safeguard your practice against future issues.
Attorney John Rivas is responsible for this communication.