Author: WyattLLP

A Supreme Development in Employer Computer Protection

WyattLLP Data Privacy & Security, Health Information Technology, HITECH Law ,

By: Courtney Samford, contributing author Blake Sims, Wyatt Summer Associate

This image has an empty alt attribute; its file name is pexels-mikhail-nilov-6930431-1024x617.jpg

Employers commonly supply computer and work devices to employees and state that the electronics may only be used for business related purposes, and employers have always had the ability to discipline employees who violate computer use policies through improper use. In some Federal Court of Appeals Circuits, employers may have been able to rely on threats of criminal and civil liabilities under 18 U.S.C. § 1030 to further deter improper use. On June 3, 2021, however, an evenly split conservative-liberal majority of the Supreme Court reversed the Eleventh Circuit Court of Appeals in Van Buren v. United States, holding that an individual only violates the Section 1030 of Computer Fraud and Abuse Act “when he accesses a computer with authorization but then obtains information located in particular areas of the computer—such as files, folders, or databases—that are off limits to him.” Van Buren v. United States, No. 19-783 (Sup. Ct. June 3, 2021).

Continue reading →

INFORMATION BLOCKING RULE EFFECTIVE APRIL 5, 2021: ARE PROVIDERS READY?

WyattLLP Cures Act and Program Interoperability, Health Information Technology , , , ,

By Kathie McDonald-McClure and Margaret Young Levi

The Information Blocking Final Rule, a provision of the 21st Century Cures Act geared towards ensuring access, exchange and use of electronic health information (EHI), was published on May 1, 2020, and became effective on June 20, 2020.  However, the U.S. Department of Health and Human Services’ (HHS) Office of the National Coordinator for Health IT (ONC) extended the compliance effective dates for the Final Rule several times over the last year—and most providers were hopeful that it would be extended once again—but there are no more delays.  Information Blocking compliance is now effective, as of April 5, 2021.  Health care providers should take immediate steps to ensure compliance.

Continue reading →

The EPCS Mandate: Kentucky Requires Electronic Prescribing Of Controlled Substances

WyattLLP Electronic Health Records, Health Information Technology , , , ,

by Lindsay K. Scott

In an ongoing effort to battle the opioid crisis, Kentucky House Bill 342 was signed into law on March 26, 2019.  This bill created a new statute, KRS 218A.182, to require that all prescriptions for controlled substances be submitted electronically, unless certain exceptions apply (the “EPCS Mandate”).  Effective January 1, 2021, practitioners who prescribe controlled substances to be dispensed by a Kentucky pharmacy must issue the prescription electronically (“e-prescribe”) directly to the pharmacy unless an exception applies. Continue reading →

U.S. Department of Homeland Security Issues SAP Critical Vulnerability Alert

WyattLLP Cyber Security and Cyber Crime, Data Privacy & Security , , ,

Written by:  Kathie McDonald-McClure

On Monday, July 13, 2020, the Homeland Security Cybersecurity and Infrastructure Security Agency (CISA) issued a SAP cybersecurity alert, No. AA20-195A, regarding a critical vulnerability that an unauthenticated attacker could exploit through the Hypertext Transfer Protocol (HTTP) to take control of trusted SAP applications. CISA strongly recommends that organizations immediately apply patches, prioritizing internet-facing systems and then internal systems.  At least 15 SAP Java-based solutions are affected, including the SAP Supply Chain Management, the SAP Enterprise Portal, Central Process Scheduling and other widely used SAP applications.  See the Alert for the list of 15 affected SAP applications.

CISA/NCSC Joint Alert Warns of APT Groups Targeting Healthcare and Essential Services

WyattLLP Cyber Security and Cyber Crime, Data Privacy & Security , , , , , , , ,

by Margaret Young Levi and Kathie McDonald-McClure

On May 5, 2020, the U.S. Department of Homeland Security (DHS) Cybersecurity and Infrastructure Security Agency (CISA) and the United Kingdom’s National Cyber Security Centre (NCSC) issued a joint alert warning of techniques that advanced persistent threat (APT) groups are using to exploit the COVID-19 pandemic.

APT groups target and exploit organizations responding to COVID-19, such as healthcare organizations, pharmaceutical companies, universities, medical research organizations, and local governments. These groups seek to steal “bulk personal information, intellectual property, and intelligence that aligns with national priorities.” For example, pharmaceutical companies, medical research organizations, and universities have been targeted in order to steal sensitive research into COVID-19-related medicine for both commercial and governmental benefit.

These cybercriminals employ a variety of techniques to steal data.

Continue reading →