A number one dental workplace administration software program supplier has agreed to pay $250,000 to settle the Federal Commerce Fee’s (FTC) claims that it falsely marketed its product as having industry-standard encryption. This encryption would assist shoppers meet obligations underneath federal well being privateness regulation to guard affected person info.
Defending Affected person Info.
The Dentrix G5 software program is utilized by dentists to carry out workplace duties comparable to getting into affected person knowledge, sending appointment reminders, submitting insurance coverage claims and recording diagnostic info. In line with the FTC, Henry Schein Observe Options Inc. violated The Federal Commerce Fee Act Part 5: Unfair or Misleading Acts or Practices, by falsely claiming that its software program supplied sufficient encryption of delicate affected person info. The FTC’s Part 5 of the Federal Commerce Fee Act (FTC Act) (15 USC 45) prohibits ‘‘unfair or misleading acts or practices in or affecting commerce.’’ PracticesHenry Schein ( or, It) additionally claimed that these utilizing the product would meet regulatory obligations underneath the Well being Insurance coverage Portability and Accountability Act (HIPAA).
Though ads claimed the product would assist dental suppliers, the product’s encryption capabilities fell wanting the guarantees. In 2010, the corporate was warned that its software program was “much less safe and extra susceptible” than industry-standard encryption. Regardless of this warning, the corporate continued to falsely advertising its product.
The Repercussions of Misleading Acts or Practices.
The FTC alleges that the corporate’s misrepresentation of its software program precipitated hurt to dentists by main them to imagine they have been in compliance with federal well being privateness legal guidelines. Failure to adjust to HIPAA can lead to each civil and felony penalties. To learn additional on this, click on right here to learn one in all my earlier blogs.
To learn extra on the significance of imposing privateness and safety guidelines, click on right here.
Feedback?
Do you suppose the software program supplier was given a good penalty? How can the FTC additional remove instances comparable to this?
Contact a Well being Legislation Legal professional Skilled in Defending HIPAA Complaints and Violations.
The attorneys of The Well being Legislation Agency characterize physicians, medical teams, nursing houses, house well being companies, pharmacies, hospitals and different well being care suppliers and establishments in investigating and defending alleged HIPAA complaints and violations and in making ready Corrective Motion Plans (CAPs).
For extra details about HIPAA violations, digital well being information or corrective motion plans (CAPs) please go to our web site at www.TheHealthLawFirm.com or name (407) 331-6620 or (850) 439-1001.
Supply:
Grande, Allison. “FTC dings dental software program prover for encryption guarantees.” Legislation 360. (January 5, 2016). Internet.
Concerning the Writer: George F. Indest III, J.D., M.P.A., LL.M., is Board Licensed by The Florida Bar in Well being Legislation. He’s the President and Managing Accomplice of The Well being Legislation Agency, which has a nationwide observe. Its predominant workplace is within the Orlando, Florida, space. www.TheHealthLawFirm.com The Well being Legislation Agency, 1101 Douglas Ave., Altamonte Springs, FL 32714, Telephone: (407) 331-6620.
KeyWords: Well being Insurance coverage Portability and Accountability Act (HIPAA), HIPAA compliance, knowledge safety, protected well being info (PHI), Affected person privateness, Federal Commerce Fee (FTC), penalties for HIPAA violation, protection legal professional, protection lawyer, HIPAA protection legal professional, well being regulation, The Well being Legislation Agency, dentist protection legal professional, authorized illustration for dentists
“The Well being Legislation Agency” is a registered fictitious enterprise title of George F. Indest III, P.A. – The Well being Legislation Agency, a Florida skilled service company, since 1999.
Copyright © 1996-2016 The Well being Legislation Agency. All rights reserved.
