HHS Settles with Health Plan in Photocopier Breach Case — Corrective action / RA
Resolution Aug 2013
Penalty
Corrective action / RA
Action type
Settlement
Entity profile
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Case number
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What went wrong
HHS Settles with Health Plan in Photocopier Breach Case - August 14, 2013
- Navigate to: HIPAA for Professionals Regulatory Initiatives Privacy Summary of the Privacy Rule Guidance Combined Text of All Rules HIPAA Related Links Security Security Rule NPRM Summary of the Security Rule Security Guidance Cyber Security Guidance Breach Notification Breach Reporting Guidance Reports to Congress Regulation History Compliance & Enforcement Enforcement Rule Enforcement Process En
Full description
Navigate to: HIPAA for Professionals Regulatory Initiatives Privacy Summary of the Privacy Rule Guidance Combined Text of All Rules HIPAA Related Links Security Security Rule NPRM Summary of the Security Rule Security Guidance Cyber Security Guidance Breach Notification Breach Reporting Guidance Reports to Congress Regulation History Compliance & Enforcement Enforcement Rule Enforcement Process Enforcement Data Resolution Agreements Case Examples Audit Reports to Congress State Attorneys General Special Topics Parental Access Mental and Behavioral Health Change Healthcare Cybersecurity Incident FAQs HIPAA and COVID-19 HIPAA and Reproductive Health HIPAA and Final Rule Notice HIPAA and Telehealth HIPAA and FERPA Research Public Health Emergency Response Health Information Technology Health Apps Patient Safety Covered Entities & Business Associates Business Associate Contracts Business Associates Training & Resources FAQs for Professionals Other Administrative Simplification Rules Substance Use Disorder Confidentiality HHS Settles with Health Plan in Photocopier Breach Case Under a settlement with the U.S. Department of Health and Human Services (HHS), Affinity Health Plan, Inc. will settle potential violations of the HIPAA Privacy and Security Rules for $1,215,780. OCR’s investigation indicated that Affinity impermissibly disclosed the protected health information of up to 344,579 individuals when it returned multiple photocopiers to a leasing agent without erasing the data contained on the copier hard drives. In addition, the investigation revealed that Affinity failed to incorporate the electronic protected health information stored in copier’s hard drives in its analysis of risks and vulnerabilities as required by the Security Rule, and failed to implement policies and procedures when returning the hard drives to its leasing agents.Read the Resolution AgreementFor Information on OCR’s Enforcement ActivitiesRead the Press ReleaseTo File a Health Information Privacy or Security ComplaintView the Federal Trade Commission’s guidance on safeguarding sensitive data stored in the hard drives of digital copiersThe National Institute of Standards and Technology has issued guidance on assessing the security of multipurpose office machinesOCR offers free training on compliance with the HIPAA Privacy and Security Rules for continuing medical education credit Content last reviewed June 7, 2017
Timeline
- ResolutionAug 2013
- Incident and investigation milestones are not consistently published by OCR in machine-readable form.
Key takeaways for your organization
- Treat internet-facing systems and vendor-hosted environments as in-scope for HIPAA risk analysis and technical safeguards testing.
- Maintain an actionable risk analysis tied to remediation milestones; evidence should map to Security Rule implementation specifications.
- Align policies, procedures, and evidence with the specific CFR provisions cited in OCR resolutions affecting your entity type.
- Run tabletop exercises for breach response, OCR inquiry handling, and privilege-preserving communications with counsel.
Related actions
Source
U.S. Department of Health and Human Services release
Source: U.S. Department of Health and Human Services, Office for Civil Rights. medcomply.ai aggregates public materials for educational use — not legal advice.