Thursday, March 07, 2013

Small, and perhaps so common that they don't make in into the local newpapers.
HHIS updated its breach tool this week, adding a baker’s dozen of incidents. Significantly, 6 of the 13 involved stolen laptops while 3 others involved theft or loss of electronic devices.
Two of the 13 incidents were already known through either media coverage or reports to a state’s attorney general. In both cases, HHS’s breach tool disclosed the number of patients affected, which neither entity had done in their disclosures to media or patients:
  • Heyman HospiceCare at Floyd reported a laptop theft previously noted here. According to their disclosure to HHS, 1,819 patients had information on the stolen laptop.
  • Crescent Health Inc. – a Walgreens Company reported computer theft that affected 109,000. It’s not clear from HHS’s entry whether the 109,000 refers to patients and employees, or just patients, as both patients and employees were impacted by this breach.
I did some digging to find details for the reports where we had no previous information:
  • County of San Bernardino Department of Behavioral Health reported that limited information on 683 clients was contained in documents stolen from a County of San Bernardino Department of Human Services‘ employee’s car on January 12. The information included names, dates of birth, DBH medical record number, and indication that services were provided by DBH.
  • Catoctin Dental (Richard B. Love, D.D.S., P.A.) reported that 6,400 patients had information on a server hacked from overseas. In a February 22nd notification to patients, they write that name, address, date of birth, phone number, social security number, dental plan information, photographs and radiographic images, and some personal health information may have been accessed, as well as less than 100 e-mail addresses. In a subsequent letter, however, they note that forensics indicated that the data had neither been stolen nor read.
  • Kindred Healthcare, Inc. d/b/a Kindred Transitional Care and Rehabilitation in Massachusetts reported that 716 patients had information on a “portable electronic device” that was stolen between December 15 and December 17, 2012. A statement on their web site indicates that the information was on backup tapes in a safe that was stolen during an office burglary. Some of the information on the tapes included name, diagnosis, social security number, medications, Medicaid number, and other clinical information. Note that this was Kindred’s third office burglary involving theft of safes containing backup tapes. I blogged about two similar incidents they had here. I hope law enforcement and HHS are investigating how this chain had three similar breaches in less than one year.
  • Center for Pain Management, LLC in Maryland reported that 5,822 patients had information on two laptops stolen on January 22. According to a notice on their web site and patient notification letter, the laptops were stolen from their Rockville office and contained patients’ visit and procedure notes with names, dates of birth, medical history, medical diagnoses, and procedures performed, such as injections.
  • HomeCare of Mid-Missouri, Inc. reported that 4,027 patients had information on a laptop stolen on December 14. A copy of their February 14th notification letter on their web site indicates that it was stolen while being transported between the office and home care visits. Patient information on the laptop included names, dates of birth, Social Security numbers, addresses and phone numbers, and a description of services provided by the agency.
In Part 2, I’ll describe the other newly disclosed breaches. I’m just waiting for responses to some inquiries I sent out to see if I can get additional details on those incidents. Please check the site for the Part 2 post later today.

(Related)


Sometimes concerns arrive before the warnings.
Although the HIPAA Omnibus Rule is a step in the right direction for protecting health information, the regulation still leaves large privacy gaps, says patient advocate Deborah Peel, M.D.
HIPAA Omnibus finally affirmed that states can pass laws that are tougher than HIPAA, and that’s really good news because HIPAA is so full of flaws and defects that we are concerned that what is being built and funded will not be trusted by the pubic,” Peel says in an interview with HealthcareInfoSecurity during the 2013 HIMSS Conference.
You can listen to the interview here.


Lawyers trying to automate the practice of law? (Moer likely, read these and see why you should hire a lawyer...)
Your Startup’s Legal Docs: Now on GitHub
GitHub is fast becoming the home of open source software development, but lawyers can use it too.
Nearly a year ago, Twitter Lawyer Benjamin Lee posted Twitter’s groundbreaking Innovators Patent Agreement to the social coding website, where it immediately received a few typo fixes and minor modifications.
Now one of Silicon Valley’s star legal firms, Fenwick & West, is posting a set of legal documents to GitHub that startups can use when lining up their first stage of venture funding. The 30 pages of “Series Seed” documents have been available in open source form for several years, but these days it only makes sense to share them on GitHub, which has become a standard tool for Silicon Valley startups, says Ted Wang, the Fenwick & West partner who released the docs.


Comparable to suing the NSA here. Should be most interesting...
"A Court of Appeal judgement released today has ruled in favor of Kim Dotcom and will let him sue the Government Communications Security Bureau (GCSB) alongside New Zealand Police. During the High Court case, it emerged that the GCSB had been illegally spying on Dotcom prior to the raid on his Coatesville mansion, on behalf of the FBI, who now wants the Megaupload millionaire extradited to face trial in the US over copyright infringements."


Completely unrelated.... Catch 22 spreads!
Feds Demand Dismissal of Dragnet-Surveillance Challenge
Citing week-old Supreme Court precedent, the President Barack Obama administration told a federal judge Wednesday that it should quash a federal lawsuit accusing the government of secretly siphoning Americans’ electronic communications to the National Security Agency without warrants.
The San Francisco federal court legal filing was in response to U.S. District Judge Jeffrey White’s written question (.pdf) to the government asking what to make of the high court’s Feb. 26 decision halting a legal challenge to a once-secret warrantless surveillance project that gobbles up Americans’ electronic communications — a program that Congress eventually legalized in 2008 and again in 2012.
In that case, known as Clapper, the justices ruled 5-4 that the American Civil Liberties Union, journalists and human-rights groups that sued to nullify the FISA Amendments Act had no legal standing to sue. The justices ruled (.pdf) the plaintiffs submitted no evidence they were being targeted by that law.


So was it mearly a trial ballon or did they actually want to do this?
"Bowing to significant unfriendly customer feedback regarding its new 'no transfer' license for Office 2013, Microsoft has reconsidered and will now allow Office 2013 licenses to be transferred between computers. Actual license language will not be reflected for a few months for shipped products, but Microsoft will allow transfer of license effective immediately. Calls to customer support will be necessary, as the activation servers won't be updated for a few months."


Perspective. When we start mining “Big Data” we're going to need big shovels...
"Virgin Atlantic is preparing for a significant increase in data as it embraces the Internet of Things, with a new fleet of highly connected planes each expected to create over half a terabyte of data per flight. IT director David Bulman said: 'The latest planes we are getting, the Boeing 787s, are incredibly connected. Literally every piece of that plane has an internet connection, from the engines, to the flaps, to the landing gear. If there is a problem with one of the engines we will know before it lands to make sure that we have the parts there. It is getting to the point where each different part of the plane is telling us what it is doing as the flight is going on. We can get upwards of half a terabyte of data from a single flight from all of the different devices which are internet connected.'"

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