Is this you? As a journalist, you can create a free Muck Rack account to customize your profile, list your contact preferences, and upload a portfolio of your best work.
Claim your profile
Articles by Daniel J. Kagan
Proposition 24 Passes In California, Ushering In More Consumer Privacy Protections
By almost 1.5 million votes, California voters approved Proposition 24, the California Privacy Rights Act of 2020 (“CPRA”). The CPRA amends and expands the California Consumer Privacy Act of 2018 (“CCPA”) and is affectionately referred to as “CCPA 2.0.” While the CPRA’s requirements do not take effect until January 1, 2023, the CPRA ushers in significantly more privacy protections for California residents, while also amending some of the CCPA’s jurisdictional requirements.
FBI Issues Cybersecurity Warning To US Hospitals And Healthcare Providers
Dan Kagan is an Associate in the Health Care, Long Term Care and Privacy and Cybersecurity Groups. He represents hospitals, physicians, nursing homes, assisted living communities, CCRCs and other health care clients with a wide range of regulatory, compliance, risk management, transactional and… Dan Kagan is an Associate in the Health Care, Long Term Care and Privacy and Cybersecurity Groups.
Covid-19 and the Challenges of a Remote Workforce
As the Covid-19 pandemic continues throughout the world, many workplaces have gone virtual. While the advent of technology makes a remote workforce possible, the newly remote workforce brings with it additional challenges to a company’s information technology (“IT”) systems. However, proper policies and procedures that govern the security of IT systems and employees’ use of such systems can go a long way to help protect an organization.
A Reminder That Covered Entities Of All Sizes Need To Comply With HIPAA Security Rule
On March 3, 2020, the U.S. Department of Health and Human Services Office for Civil Rights (“OCR”) signaled to covered entities of all sizes that they need to take their HIPAA obligations seriously. OCR entered into a settlement and corrective action plan with a small physician practice for $100,000 to settle alleged violations of the HIPAA Security Rule. This enforcement action is an example of OCR enforcing HIPAA’s requirements on smaller covered entities.
CT Supreme Court Rules Storage Agreement For Disposition of Pre-Embryos is Valid
In a unanimous decision, the Connecticut Supreme Court reversed the Trial Court and held in Bilbao v. Goodwin that a storage agreement was valid and enforceable whereby the parties checked a box to discard pre-embryos in the event of their divorce. Many fertility facilities use check box or other types of storage agreements; however, there has always been some question as to how a court would enforce such agreements. In this case, the Supreme Court answered that question in a limited context.
A HIPAA Compliance Program "In Disarray" Leads to OCR Imposing a $2.15 Million Civil Monetary Penalty
Last week, the U.S. Department of Health and Human Services Office for Civil Rights (“OCR”) imposed a civil monetary penalty (“CMP”), to the tune of $2.15 million, against Jackson Health System (“JHS”). The CMP stemmed from JHS’ numerous HIPAA violations that occurred from 2013 through 2016.
Another HIPAA Breach, Another 6-Figure HIPAA Settlement
You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
Why Is It Important To Train In Cybersecurity?
According to Verizon’s 2018 Data Breach Investigations Report, phishing or other forms of social engineering cause 93% of all data breaches. In order for phishing or social engineering attacks to be successful, the attacker needs a target to take the bait. Your employees often are the targets, aka the fish that bite. Therefore, in conjunction with the implementation of IT security measures, training your employees is of paramount importance to preventing these types of cybersecurity attacks.
HHS Provides Guidance for Impact Areas Before Storm Hits
Hurricane Florence has caused the Department of Health and Human Services (“HHS”) to declare a public health emergency ahead of the storm. Accordingly, HHS’ Office for Civil Rights (“OCR”) released guidance ahead of the hurricane. The focus of the guidance is that HIPAA should not impede patient care in a disaster situation. In the guidance, Alex Azar, the Secretary of HHS, stated that during the public health emergency HHS will waive sanctions and penalties for certain provisions under HIPAA.
Denmark Implements Email Encryption Requirement, What Countries Will Follow?
On July 23, 2018, Denmark’s data protection agency announced that companies must encrypt all emails transmitting sensitive personal data. This new rule goes into effect January 1, 2019, giving companies that do business in or with Denmark approximately five months to implement encryption technologies for their email systems.
Connecticut Governor Signs Act into Legislation on Security Freeze/Credit Checks
On June 4, 2018, the Governor signed into law Public Act 18-90, An Act Concerning Security Freezes on Credit Reports, Identity Theft Prevention Services and Regulations of Credit Rating Agencies (the “Act”), likely in reaction to the Equifax breach among many others. The title of the Act leaves little to the imagination as to its subject matter. This Act, designed to protect consumers, contains a number of protections for consumers with regard to credit agencies.
ALJ Judge Upholds OCR’s $4,348,000 Data Breach Penalty on Texas Hospital
HIPAA has teeth. On June 1, 2018, an Administrative Law Judge (ALJ) ruled that the University of Texas MD Anderson Cancer Center violated HIPAA. In doing so, the ALJ granted the Office of Civil Rights (OCR) summary judgment, requiring the hospital to fork up the $4,348,000 in civil monetary penalties imposed by OCR. The underlying facts of this data breach involved the theft of an unencrypted laptop from a physician’s home and the loss of two unencrypted thumb drives.
May 25, 2018 - Privacy and Cybersecurity Group News: Three Important Considerations For All Businesses in Light of GDPR
Today, the European General Data Protection Regulation ("GDPR") takes effect. The GDPR is the most comprehensive and complex privacy regulation currently enacted. The GDPR can apply to a business or organization (including a non-profit organization) anywhere in the world and its potential financial impact is huge; fines can reach up to € 20 million Euros (over $23 million USD) or 4% of an entity’s total revenue, whichever is .
Twitter Becomes the Latest Social Media Company Tangentially Linked to Cambridge Analytica
Mr. Kagan is an associate in the Health Care Group of Murtha Cullina. He represents hospitals, physicians and other health care clients with a wide range of regulatory, compliance, risk management and reimbursement issues. Prior to joining Murtha Cullina, Mr. Kagan clerked for the Honorable Lubbie Harper, Jr. and the Honorable Joseph H. Pellegrino of the Connecticut Appellate Court.
Canada Releases New Data Breach Regulations
In a recent post, we discussed the Canadian Cabinet’s announcement that Canada’s new data breach regulations go into effect on November 1, 2018. Despite announcing the effective date, Canada had not yet finalized these regulations. However, on April 18, 2018, Canada unveiled the Breach of Security Safeguard Regulations: SOR/2018-64 (“Regulations”).
SCOTUS Denies Cert on CareFirst: No Clarity on Harm in Data Breach Cases This Session
Mr. Kagan is an associate in the Health Care Group of Murtha Cullina. He represents hospitals, physicians and other health care clients with a wide range of regulatory, compliance, risk management and reimbursement issues. Prior to joining Murtha Cullina, Mr. Kagan clerked for the Honorable Lubbie Harper, Jr. and the Honorable Joseph H. Pellegrino of the Connecticut Appellate Court.
Massachusetts New Online Breach Reporting
On Monday, February 5, 2018, the Massachusetts Attorney General’s Office (AGO) sent an e-mail blast regarding their new online form for businesses needing to report breaches under Chapter 93H of the Massachusetts General Laws. As of February 1, 2018, the AGO has a new online form that businesses may use for reporting such breaches in lieu of sending a paper letter or e-mail to the AGO; however the AGO still allows both those reporting methods.
Show More
loading
Actions
Is this you?
As a journalist, you can create a free Muck Rack account to customize your profile, list your contact preferences, and upload a portfolio of your best work.Get in touch with Daniel J.
Contact Daniel J., search articles and posts on X, monitor coverage, and track replies from one place.
Learn more about Muck Rack