The U.S. Department of Health and Human Services recently published “Health Industry Cybersecurity Practices: Managing Threats and Protecting Patients,” which was developed by the Healthcare & Public Health Sector Coordinating Councils Public Private Partnership, a group comprised of over 150 cybersecurity and healthcare experts from government and private industry.
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On November 21, 2018, the Supreme Court of Pennsylvania found that a putative class action against UPMC by current and former employees should not have been dismissed. Employers have common law duty to use reasonable care to safeguard its employees’ sensitive personal information that it stores on Internet-accessible computer systems, and Pennsylvania’s economic loss doctrine did not bar the plaintiffs’ negligence claim.
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Effective November 2, 2018, a new Ohio breach law will provide covered entities a legal safe harbor in certain data breach-related claims brought in an Ohio court or under Ohio law if, at the time of the breach, the entity maintains and complies with a cybersecurity program that (1) contains administrative, technical, and physical safeguards for the protection of personal information, and (2) reasonably conforms to one of the “industry-recognized” cybersecurity frameworks enumerated in the law.
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