Changing Threat Landscape  Why Breach Notification Remains the 800 Pound Gorilla
Channel: HIPAA Survival Guide
Date: 2018-11-17

So, we wanted to take this opportunity to review the "state of HIPAA" a decade from the HITECH Act. Anyone remember the HITECH Act? Specifically, we wanted to attempt to answer, "Whether HIPAA remains a paper tiger?" The short answer to this question is a lawyer's favorite answer, "maybe, it depends." The lawyer's answer requires more analysis but it's uncertain whether said analysis provides additional clarity. In fact, we argue that it doesn't, but will proceed nonetheless. First, to the extent that Breach Notification has become the 800-pound gorilla of HIPAA enforcement, it's quite clear that the latter has indeed been a game changer (e.g. it's also likely to be a game changer for the EU's GDPR).