California Updates Rules on Health Facility Data Breaches

New regulations require facilities to report more information following a breach

By Chris Miller, Assistant Editor, Facility Market


The California Department of Public Health (CDPH) recently issued new regulations that more narrowly limit the situations under which cases of unlawful or unsanctioned access to medical data must be reported, according to Health IT Security. These new rules give the CDPH more power to modify penalties for violations, while health facilities have 15 days to report breaches of medical information. The rules are similar to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) but transcend it in a couple ways. 

The new regulations require facilities to include a brief description of the breach, a description of the types of items involved in the breach and the steps affected individuals should take to safeguard themselves from potential harm. Previously, health systems did not have to provide specific information regarding breaches. 

The regulations also require organizations to report all information contained in the patient notices to CDPH, as well as the names of all affected patients, the names and contact information of those who executed the breach, and any audit reports, written statements, or other documents that the facility relied upon in determining that a breach occurred and more. 

Penalties for violations include up to $25,000 per patient whose medical information was unlawfully accessed, used, or disclosed, as well as up to $17,500 per subsequent occurrence, according to the National Law Review. The CDPH has the power to give a penalty of $100 for each day that the facility fails to report the breach to either CDPH or a patient. There is a more precise method of calculating administrative penalties. The rules institute a base penalty amount of $15,000 for initial violations, along with  an amount equal to 70 percent of the initial violation for subsequent breaches. 

The new rules were created in part to limit the number of reports to CDPH, but the requirements are more stringent on the amount of specific information a healthcare facility must send when a breach occurs. The CDPH will likely capitalize on the decrease in reports to examine organizations more thoroughly after a reported breach. Health systems in California and around the country should be aware of these changes to minimize potential penalties that could cost a facility tens of thousands of dollars. These new rules only apply to California systems, but awareness of changing regulations anywhere in the country benefits health care facilities.



August 6, 2021


Topic Area: Industry News


Recent Posts

Case Study: How NYU Langone Rebuilt for Resilience After Superstorm Sandy

Although the damage was severe, it provided a valuable opportunity for NYU Langone to assess structural vulnerabilities and increase facility resilience.


Frederick Health Hospital Faces 5 Lawsuits Following Ransomware Attack

The lawsuits accuse FHH of inadequate cybersecurity, poor breach notification and failing to protect patients from identity theft risks.


Arkansas Methodist Medical Center and Baptist Memorial Health Care to Merge

They have signed a non-binding letter of intent to complete a shared mission agreement to merge the two organizations.


Ground Broken on Intermountain Saratoga Springs Multi-Specialty Clinic

The clinic is scheduled to open and start seeing patients in the fall of 2026.


Electrical Fire Tests Resilience of Massachusetts Hospital

Signature Healthcare Brockton Hospital used opportunity to renovate key systems and components and expand facility operations.


 
 


FREE Newsletter Signup Form

News & Updates | Webcast Alerts
Building Technologies | & More!

 
 
 


All fields are required. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.