Decoded: Technology Law Insights, Volume 3, Issue 1 | Spilman Thomas & Battle, PLLC - JDSupra - JD Supra
EHR Vendor Breach Lawsuit Seeks Security Improvements -
"Patient portal hacking incident last summer affected nearly 320,000."
Why this is important: On October 22, 2021, QRS Inc., a medical practice management system and electronic health record vendor, provided a HIPAA breach notification to the Department of Health and Human Services. QRS informed DHHS that over a three-day period in late August 2021, its patient portal was breached. The result of this breach was the potential exposure of 320,000 patients' personal health information. A putative class action lawsuit was filed in federal court in Tennessee alleging that the putative class representative and class members suffered damages related to actual identity theft as a result of the breach. In addition to damages, the putative class is seeking injunctive relief that would require QRS to implement a wide range of security improvements, including barring QRS from maintaining personal health information on a cloud-based database. This class action is based on the fact that QRS failed to implement "government-recommended" security measures and not statutory and regulatory mandated security measures. Therefore, complying with governmental mandates is not enough to avoid litigation in the event of a breach. However, it is yet to be seen whether failing to implement recommended, but not required, security measures will result in the finding of liability.
Please see full Newsletter below for more information.
Welcome to our first Decoded issue of 2022. This is our third year of publishing Decoded and as such, we
Why this is important: On October 22, 2021, QRS Inc., a medical practice management system and
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source: https://www.jdsupra.com/legalnews/decoded-technology-law-insights-volume-9915416/
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