On May 7, 2014, HHS announced that New York-Presbyterian Hospital (“NYP”) and Columbia University (“CU”) agreed to collectively pay $4.8 million in the largest HIPAA settlement to date. The organizations settled charges that they potentially violated the HIPAA Privacy and Security Rules by failing to secure thousands of patients’ electronic protected health information (“ePHI”).
NYP and CU operate a shared data network that links patient information systems containing ePHI. On September 27, 2010, the two entities submitted a joint breach report following the discovery that the ePHI of 6,800 individuals had been impermissibly disclosed due to a deactivated server, resulting in ePHI being accessible on internet search engines. The ePHI included patient statuses, vital signs, medications, and laboratory results.
HHS Office for Civil Rights’ (“OCR”) subsequent investigation determined that neither entity had conducted an accurate and thorough risk analysis or developed an adequate risk management plan to address potential threats and hazards to ePHI security. Further, OCR found that NYP failed to implement appropriate policies and procedures for authorizing access to its databases and failed to comply with internal policies on information access management.
NYP agreed to pay $3.3 million and CU agreed to pay $1.5 million. In addition, both entities agreed to Corrective Action Plans that require each entity to:
- Conduct a comprehensive and thorough risk analysis;
- Develop and implement a risk management plan;
- Review and revise policies and procedures on information access management and device and media controls;
- Develop an enhanced privacy and security awareness training program; and
- Provide progress reports.
Additionally, CU must also “develop a process to evaluate any environmental or operational changes” that impact the security of ePHI it maintains.
This settlement again highlights the necessity for healthcare organizations and business associates to create and implement Security policies and procedures, and to engage in a security management process that ensures the security of patient data.
For assistance on the HIPAA Security Rule requirements, drafting and implementing Security policies and procedures, or general HIPAA assistance please contact Elana Zana or Jefferson Lin.