tci Part B Insider - 2011 Issue 10

HIPAA: 'Willful Neglect' Violations May Eventually Expand to Stolen Laptops or Other Devices Containing Unencrypted PHI

It could happen, says HIPAA expert.Willful neglect violations can lead to some humongous fines. And one of your practice's biggest vulnerabilities may be portable devices containing unsecured PHI, say experts (see the article, "Keep HIPAA Concerns at Bay With Simple Risk Analysis" on page 76)."HHS hasn't formally made a determination that a lost or stolen laptop [or other device containing unencrypted PHI posing a significant risk of harm to an individual] represents willful neglect," observes consultant Abner Weintraub in Orlando, FL. "If HHS made such a finding, it would likely be that not encrypting the data...

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