The Delaware Division of Developmental Disabilities Services Data Breach
DOVER (Oct. 21, 2022) – The Delaware Division of Developmental
Disabilities Services is announcing today that it is mailing letters to
service recipients and legal guardians who were impacted by a recent
data breach incident and is providing information to the public
regarding the incident.
On August 23, 2022, staff within the Division of Developmental
Disabilities Services (DDDS) discovered that in the process of creating
new user accounts in the division’s client database, DDDS staff
inadvertently provided access to individual records of 7074 individuals.
As a result of these actions, 159 new users had potential access to
service recipients’ personal, identifiable information and protected
health information as well as potential access to more detailed
information through accessed accounts.
A thorough investigation of the incident was conducted. Using
forensic analysis available through the software’s vendor, the division
has been able to determine how many users accessed information not
intended for their use, and which service recipient records were opened
and viewed. While the division has determined that only 12 detailed
records were actively accessed, certain personal, identifiable
information and protected health information was passively available to
any user with the erroneous access level. The software vendor is unable
to determine who may have passively viewed this information.
Based on this internal investigation and consultation with the
software vendor, the division is taking corrective measures to tighten
security and protection of the personal health information of its
service recipients. DDDS has:
- Reviewed and reinforced its Health Insurance Portability and Accountability Act (HIPAA)-related policies and procedures.
- Established new guidelines for the creation of user accounts and a tightened approval process for accessing records.
- Worked with its vendor to institute technology checks on providing access.
The division will incorporate lessons from this analysis into the
design and implementation of its new client data management system
scheduled for transition in 2023.
As required by HIPAA and state law, the Delaware Division of
Developmental Disabilities Services has reported this breach to the U.S.
Department of Health and Human Services and to the Delaware Department
of Justice.
The Division of Developmental Disabilities Services is also
establishing a dedicated call center independently staffed by a
contracted company to answer any questions about this incident. Call
center representatives have been fully versed on the incident and can
answer questions or concerns individuals may have regarding protection
of their personal information. Additionally, the division will be
offering free access to credit monitoring to all impacted parties for a
period of one year.
| Hospital Implements New Minimum Necessary Polices for Telephone Messages Covered Entity: General Hospital Issue: Minimum Necessary; Confidential Communications A hospital employee did not observe minimum necessary requirements when she left a telephone message with the daughter of a patient that detailed both her medical condition and treatment plan. An OCR investigation also indicated that the confidential communications requirements were not followed, as the employee left the message at the patient’s home telephone number, despite the patient’s instructions to contact her through her work number. To resolve the issues in this case, the hospital developed and implemented several new procedures. ...read more |
| TYLER, Texas — U.S. Attorney John M. Bales announced today that a former employee of an East Texas hospital has pleaded guilty to criminal HIPAA charges in the Eastern District of Texas. Joshua Hippler, 30, formerly of Longview, Texas, was indicted on March 26, 2014, on charges of Wrongful Disclosure of Individually Identifiable Health Information. Hippler pleaded guilty on August 28, 2014 during a hearing before United States Magistrate Judge John D. Love. The indictment alleged that from December 1, 2012, through January 14, 2013, Hippler, who was then an employee of a covered entity under HIPAA, obtained protected ...read more |
| Pharmacy Chain Enters into Business Associate Agreement with Law Firm Covered Entity: Pharmacy Chain Issue: Impermissible Uses and Disclosures; Business Associates A complaint alleged that a law firm working on behalf of a pharmacy chain in an administrative proceeding impermissibly disclosed the PHI of a customer of the pharmacy chain. OCR investigated the allegation and found no evidence that the law firm had impermissibly disclosed the customer’s PHI. However, the investigation revealed that the pharmacy chain and the law firm had not entered into a Business Associate Agreement, as required by the Privacy Rule to ensure that PHI is ...read more |
| Direct Liability of Business Associates In 2009, Congress enacted the Health Information Technology for Economic and Clinical Health (HITECH) Act,1 making business associates of covered entities directly liable for compliance with certain requirements of the HIPAA Rules. Consistent with the HITECH Act, the HHS Office for Civil Rights (OCR) issued a final rule in 2013 to modify the HIPAA Privacy, Security, Breach Notification, and Enforcement Rules.2 Among other things, the final rule identifies provisions of the HIPAA Rules that apply directly to business associates and for which business associates are directly liable.3 As set forth in the HITECH ...read more |
|
July 2026
| Su | Mo | Tu | We | Th | Fr | Sa |
| | | 1 | 2 | 3 | 4 |
| 5 | 6 | 7 | 8 | 9 | 10 | 11 |
| 12 | 13 | 14 | 15 | 16 | 17 | 18 |
| 19 | 20 | 21 | 22 | 23 | 24 | 25 |
| 26 | 27 | 28 | 29 | 30 | 31 |
|
Blog Home
Newest Blog Entries
1/21/25 Understanding Business Associate Agreements
11/12/22 Modernizing Medicine Agrees to Pay $45 Million to Resolve Allegations of Accepting and Paying Illegal Kickbacks and Causing False Claims
11/12/22 Indian National Charged in $8 Million COVID-19 Relief Fraud Scheme
11/12/22 Former Hospital Employee Pleads Guilty To Criminal HIPPA Charges
11/12/22 Covered entities and those persons rendered accountable by general principles of corporate criminal liability may be prosecuted directly under 42 U.S.C. § 1320d-6
11/12/22 The Delaware Division of Developmental Disabilities Services Data Breach
11/12/22 OCR Settles Three Cases with Dental Practices for Patient Right of Access under HIPAA
11/12/22 HHS Issues Guidance on HIPAA and Audio-Only Telehealth
11/12/22 Five Former Methodist Hospital Employees Charged with HIPAA Violations
11/12/22 May a covered entity use or disclose protected health information for litigation?
11/12/22 When does the Privacy Rule allow covered entities to disclose protected health information to law enforcement officials?
Blog Archives
January 2025 (1)
November 2022 (54)
Blog Labels
Data Breach (1)
PPP Fraud (1)
HIPAA (2)
Telehealth (1)
EHR Fraud (1)
HIPAA Enforcement (3)
ePHI (2)
BAA (4)
Covered Entity (40)
|
