Its safe to say that healthcare organizations are facing situations where breach or regulatory investigations are more prevalent today than ever before. The number of compromised patient health records increased 138% between 2012 and 2013. The Department of Health and Human Services is expected to launch its HIPAA audit program this year. They plan to audit many more entities than the 115 audited during the pilot program that ran from 2011 to 2012.
When these situations arise in your organization, there is typically the need for legal advice and consultation. None of us can accurately predict whether or not a security incident or breach investigation will end up as a lawsuit or regulatory fine. But all of us need to understand the implications of our communications with others and how these communications can impact an investigation.
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