Small health care organizations may think they are under the radar of the Office for Civil Rights (OCR), but a settlement the OCR agreed to last week should disabuse small health care providers of that notion.

On July 23, 2020, the OCR issued a press release outlining the terms of its settlement with Metropolitan Community Health Services (Metro), doing business as Agape Health Services. Metro agreed to pay $25,000 to the OCR and to adopt a corrective action plan, including two years of monitoring, to settle an enforcement action OCR initiated against Metro.

The controversy began when Metro self-reported a data breach on June 9, 2011 pursuant to the HIPAA breach notification regulations after it discovered an “impermissible disclosure of protected health information to an unknown email account” that affected 1,263 patients.

OCR commenced an investigation and found “longstanding, systematic noncompliance with the HIPAA Security Rule. Specifically, Metro failed to conduct any risk analyses, failed to implement any HIPAA Security rule policies and procedures, and neglected to provide workforce members with security awareness training until 2016.”

As with all settlements that the OCR enters into with regulated entities, lessons can be learned from this one, including consideration of reviewing the last time a security risk assessment was performed, review of a business’ HIPAA compliance program, including policies and procedures that comply with the Security Rule, and security awareness training for its workforce.

Photo of Linn Foster Freedman Linn Foster Freedman

Linn Freedman practices in data privacy and security law, cybersecurity, and complex litigation. She is a member of the Business Litigation Group and the Financial Services Cyber-Compliance Team, and chairs the firm’s Data Privacy and Security and Artificial Intelligence Teams. Linn focuses her…

Linn Freedman practices in data privacy and security law, cybersecurity, and complex litigation. She is a member of the Business Litigation Group and the Financial Services Cyber-Compliance Team, and chairs the firm’s Data Privacy and Security and Artificial Intelligence Teams. Linn focuses her practice on compliance with all state and federal privacy and security laws and regulations. She counsels a range of public and private clients from industries such as construction, education, health care, insurance, manufacturing, real estate, utilities and critical infrastructure, marine and charitable organizations, on state and federal data privacy and security investigations, as well as emergency data breach response and mitigation. Linn is an Adjunct Professor of the Practice of Cybersecurity at Brown University and an Adjunct Professor of Law at Roger Williams University School of Law.  Prior to joining the firm, Linn served as assistant attorney general and deputy chief of the Civil Division of the Attorney General’s Office for the State of Rhode Island. She earned her J.D. from Loyola University School of Law and her B.A., with honors, in American Studies from Newcomb College of Tulane University. She is admitted to practice law in Massachusetts and Rhode Island. Read her full rc.com bio here.