Patients File Lawsuit against SuperCare over HIPAA Breach | AdvancedMD

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Patients File Lawsuit against SuperCare over HIPAA Breach

Disclaimer: This blog article was written by an AdvancedMD partner. The views and opinions expressed in this article are those of the author(s) and do not necessarily reflect the official policy or position of AdvancedMD.

A lawsuit has been filed against SuperCare over a HIPAA breach. This is significant in that this lawsuit has been filed by patients. SuperCare reported the breach on March 28, 2022, and within one month they were hit with this lawsuit from the impacted patients.

In 2021, 23 disclosed data incidents resulted in 58 separate lawsuits, in come cased multiple lawsuits were filed because of a single event. Three of these lawsuits filed were for incidents that affected fewer than 8,000 individuals. The lawsuits often site violations of Federal HIPAA Laws, State Privacy Laws, FTC Rules.

Among the allegations in the SuperCare lawsuit include that the patients were not notified in a timely manner and that SuperCare failed to maintain adequate security to protect patient records.

What does this mean for you and your practice?  

The number of HIPAA Breaches hit an all time high in 2021 and the numbers are only increasing.  Lawsuits from patients affected by patients are also increasing. In 2021 714 incidents were reported to the Office of Civil Rights (OCR) up from 662 in 2020. And OCR referred a record number of breaches to the Justice Department for investigation of criminal violations in 2021. This all means increased risk for you. But there are ways to mitigate your risk.

In 2021 an amendment was made to include a HIPAA Safe Harbor for organizations that have adopted recognized security practices for at least 12 months prior to a data breach. These recognized security practices are documented in the HIPAA Regulations and in a document published known as Technical Volume 1: Cybersecurity Practices for Small Health Care Organizations. Compliance with these regulations is extremely helpful after a HIPAA Breach to enable you to avoid fines from the Federal Government, and they may be helpful to your legal team should you be hit with a lawsuit from patients because of the HIPAA breach.

The TLD Systems HIPAA Security Program is aligned with the HIPAA Regulations and with Technical Volume 1: Cybersecurity Practices for Small Health Care Organizations. By working with TLD Systems you are putting yourself in the best possible position to avoid a breach and should you experience a breach you are in the best possible position to minimize the pain, suffering, and financial impact the breach may have on your practice.

For more information contact TLD Systems at (631) 403 6687, Visit or send an email to [email protected].

Michael Brody, DPM
Dr Brody has been actively involved in Computers and Medicine since the 1980’s. Dr Brody as a Residency Director at a VA hospital on Long Island and was present as the VA moved from paper records to computerized records. During this time, he was exposed to the stringent rules and regulations that government employees need to adhere to when protecting patient information. He co-founded TLD Systems with Warren Melnick to create a platform that doctors who wish to work in private practice have a cost-effective method of implementing HIPAA compliance in their practices in a manner that does not interfere with their ability to practice medicine. He has served on the Health Information Technology Standards Panel (HITSP), the Standards and Interoperability Framework (S&I), as a member of the Ambulatory Care Committee at the Certification Commission on Health Information Technology (CCHIT), and numerous other organizations. He is currently a member of the Physicians Committee at the Healthcare Information and Management Systems Society (HIMSS) and a co-Chair of the EHR workgroup at Health Level Seven International (HL7)


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