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Patricia O'Connell
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Kirk Nahra Discusses Civil Monetary Penalty Owed By Health Care Provider 

Bloomberg BNA Health Care Daily Report
February 8, 2016

Kirk J. Nahra, chair of Wiley Rein’s Privacy Practice and co-chair of the Health Care Practice, was quoted in a Bloomberg BNA article discussing a civil monetary penalty (CMP) owed by a respiratory health care provider, imposed after failing to protect health data following a Health Insurance Portability and Accountability Act (HIPAA) violation.

Mr. Nahra told Bloomberg BNA that the fine “relates to the lack of controls more than the number of people affected.” He also said the U.S. Department of Health and Human Services Office for Civil Rights (OCR) usually tries to resolve investigations without going through “a very extensive formal process for a CMP,” and most companies facing OCR investigations “have also found it in their interest to settle without going through this full process.”

Mr. Nahra concluded “really bad practices affecting a small number of people can lead to big dollars [in fines],” and “strong practices that ultimately also have a large breach can mean no enforcement at all.”

To read the complete article, please click here.