Jo Jagor and Nathan Gaffney joined Dr. Mitchell Gardiner in excerpts of a simulated dental malpractice trial in two sessions at the annual Hinman Dental Meeting at the Georgia World Conference Center last week. They were able to give attendees a glimpse into a jury trial in a typical malpractice action. For more details click here:

On March 13 the Ponemon Institute issued its Fourth Annual Study on patient privacy & data security. This study has come to be a respected and well received assessment of the privacy and security of patient information in health care. The study is based upon a survey of 91 health care providers of different sizes. I have summarized the key findings of the study for you, but if you wish to read the entire report, contact me and I am glad to send you a copy, or you can find it at: Ninety percent of health care organizations in the study had at least one data breach in the previous 2 years. The number of organizations that experienced more than 5 data breach incidents actually declined from 45% in last year’s report,  to 38%. Billing and insurance records are the type of patient data most often lost or stolen,…       Read More

Although the Workers’ Compensation Act requires an injured employee to give his employer timely notice of his injury, mounting a successful defense based on the lack of notice is usually more difficult than it sounds. The courts typically construe the notice provisions in the employee’s favor, liberally defining what qualifies as notice and sometimes excusing the notice requirement altogether. A decision from the Court of Appeals just last week illustrates these issues and highlights the challenges employers face when relying on the lack of notice to defend a claim.  McAdoo v. MARTA involved an employee who had suffered from diabetes for several years. McAdoo’s condition regularly caused him to miss work, which was approved by MARTA under FMLA. In 2010, McAdoo began having back and leg pain. He sought treatment with his primary care doctor, who referred him to a neurologist. In October 2010, McAdoo ceased working because of his…       Read More

Cyber Specter Mandates New CFO-IT Dynamic  CFO MagazineWhen viewed as a fundamental risk challenge to an organization, cyber risk has much in common with such issues as catastrophic weather events… Russia suspected of Ukraine cyber attack  SC Magazine UK  Government mobile phone hacks, viruses, leaks and website defacement … Dozens of Ukrainian computer networks, including those run by the Kiev … NDUS suffers data breach affecting nearly 300000 students   WDAY  NDUS suffers data breach affecting nearly 300,000 students. Fargo, ND (WDAY TV) – A server containing names and Social Security numbers of… Majority of smaller businesses do not believe they are at risk of cyber attacks   Real Business  Kaspersky Lab research reveals that 59 per cent of small businesses believe the information they hold isn’t of any interest or value to cyber criminals … No Consensus on Notifying Victims of Data Breaches   ABC News  The data breach…       Read More

Sears investigating possible data breach KGMI SEARS: Bloomberg News reported on Friday that the U.S. Secret Service was investigating a possible secret breach at Sears, citing a person familiar … L.A. Care Health Plan Acknowledges Data Breach eSecurity Planet The breach, the company says, resulted from ‘a manual information … No additional data, such as Social Security number, driver’s license number, … Minnesota Breach Law Amendment Bill Would Require Notice Within 48 Hours Bloomberg BNA “Target was not entirely forthright with their problems and the extent of the data breach, causing great uncertainly among consumers. Often these … 6 Health IT Risks You Can’t Afford to Ignore MedCity News In a survey by the Ponemon Institute, 94 percent of health care organizations reported a data breach in the past two years. The firm pegged the cost of … InBloom testifies that student data would be secure   WGRZ-TV The company tapped…       Read More

In technology years, the HIPAA Security Rule is a dinosaur. HIPAA was a brainchild of the  enacted in 1996, largely to address health care access, “portability”, and privacy. The final rule on security standards was issued in 2003, to specifically address the security of Electronic Protected Health Information (“PHI”). Where was the Internet and mobility when all this was going on? The term” Internet” was first officially defined in 1995. Although we had laptops, the first smart phone would not be available for another 10 years when the iPhone was released on June 29, 2007. Mobil apps, application software designed to run on smart phones, tablets and other mobile devices, began appearing in 2008. The first tablet, the iPad, was not released until April 3, 2010. This historical review is simply to point out that when HIPAA was first written, the use of mobility, mobile apps, and wearable medical devices…       Read More