Local: (805)-371-3680 | Toll Free: (800) 240-CHIV
Facebook
Twitter
LinkedIn
YouTube
Chivaroli Insurance Services
  • INSURANCE COVERAGE
    • Healthcare Professional Liability
    • Directors’ & Officers’ Liability
    • Commercial Property
    • Managed Care / Billing / Miscellaneous
    • Employment Practices Liability
    • Difference in Conditions
    • Regulatory Proceedings Errors & Omissions
    • Fiduciary Responsibility
    • Property Terrorism
    • Commercial General Liability
    • Commercial Crime
    • Commercial Automobile
    • Stop Loss Coverage
    • Representations & Warranties
    • Business Owners Package
    • Security & Privacy (Cyber Liability)
    • Workers Compensation
    • Home / Auto / Valuables / Umbrella
  • OTHER SERVICES
    • Credentialing Requests
    • Consulting Services
    • Alternatives
    • Risk Management
    • Wholesale Brokerage
  • RESOURCES
    • Healthcare Resources
    • Insurance Resources
    • Terms & Definitions
  • NEWS
  • ABOUT
  • CONTACT

State Data Breach Notification Law Updates

June 12, 2015Chivaroli and Associates Insurance ServicesArticle Archives

Publication Date 03/12/2015

Source: Mondaq Business Briefing

By Ms Cynthia LaroseState legislatures are not waiting for Congressional action on a national data breach notification standard.

Montana – Montana has amended its 10-year old breach notification law (see Mintz Matrix) to expand the definition of “personal information” and require notice to the state attorney general’s consumer protection office. H.B. 74, signed into law by Governor Bullock, adds medical record information and “identity protection personal identification number” issued by the Internal Revenue Service to the definition of “personal information.” The amended statute takes effect October 1.

New Jersey – Governor Christie recently signed legislation into law requiring health insurance companies in that state to encrypt personal information of policyholders. All health insurance carriers that compile computer records that contain personal information must protect those records through encryption or “by any other method or technology rendering it unreadable, undecipherable, or otherwise unusable by an unauthorized person.” In November 2013, two laptops with unencrypted information about 840,000 policyholders were stolen from an office at Horizon Blue Cross Blue Shield of New Jersey in Newark. The Barnabas Health Medical Group’s Pediatric branch in Livingston and the Inspira Medical Center in Vineland also had breaches in 2013, according to a NJ Advance Media report in September.

Connecticut – In the aftermath of the massive Anthem data breach, legislation has been introduced in the Connecticut General Assembly requiring a wide swath of insurance businesses to implement data security technology that encrypts personal information of insureds. The covered entities include health insurers, healthcare centers – similar to an HMO under Connecticut’s insurance laws, and “other entities licensed to do health insurance business in Connecticut,” pharmacy benefits managers, third-party administrators that administer health benefits, and utilization review companies. The requirement is similar to that of New Jersey’s new law, except that the bill requires that entities subject to the law update their technology as necessary to ensure compliance. Anthem is one of Connecticut’s largest health insurers, and reportedly that breach impacted more than 1 million people in the state. See “Act Concerning the Security of Consumer Data”.

Washington – The Washington House has unanimously passed a bill that would make the failure to notify consumers of a breach as required by the state’s data breach notification law (again, see the Mintz Matrix) a violation of the state’s Consumer Protection Act. Washington’s House of Representatives has passed a bill (H.B. 1078) that would make the failure to notify consumers of a breach in the security of their personal information a violation of the state Consumer Protection Act. The measure would require notification to consumers – and the state’s AG – as quickly as possible and no later than 45 days after discovery of a breach of personal information such as a person’s name in combination with a Social Security number, driver’s license number or payment card number and payment card access code or password. Under the bill, the attorney general could bring an action on behalf of the state or consumers living in Washington.

New Mexico – New Mexico is only one of three holdouts from the state data breach notification crazy quilt (again, see the Mintz Matrix), but HB 217, the Data Breach Notification Act, is working its way through the state legislature. The bill only applies to computerized data, and uses an “acquisition” trigger for breach notification. “Personal information” under HB 217 is defined as the “usual suspects” and does not include username/password or other login credentials. The bill requires “reasonable security” and includes disposal provisions that apply to paper records as well as electronic. Similar legislation failed in the 2014 session of the legislation, thus it remains to be seen whether New Mexico will join the Mintz Matrix this year.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

 

Tags: breach, chivaroli & associates, Data, Law, Notification, State, Updates
Chivaroli and Associates Insurance Services
Chivaroli & Associates Insurance Services is a full-service brokerage and consulting firm that specializes in the custom design and placement of property and casualty insurance and alternative risk funding solutions for healthcare organizations.
Previous post Health Insurer Breaches May Trigger Your Fiduciary Obligations Next post Active Shooter Response: Precautionary Measures Can Save Lives

Related Articles

What is Cyber Liability and How Does it Affect Your Business?

April 9, 2014Chivaroli and Associates Insurance Services

Taking Charge: Reduce Your Exposure for Credit Card Data Liability

April 14, 2014Chivaroli and Associates Insurance Services

Insurers, Underwriters Gearing for Changes in Physician Frequency

April 18, 2014Chivaroli and Associates Insurance Services

Sign up for News Updates

* = required field

Categories

  • Article Archives
  • General Article
  • Private
  • Uncategorized

Archives

  • March 2023
  • February 2023
  • January 2023
  • December 2022
  • October 2022
  • September 2022
  • August 2022
  • July 2022
  • June 2022
  • May 2022
  • April 2022
  • March 2022
  • February 2022
  • January 2022
  • November 2021
  • September 2021
  • August 2021
  • July 2021
  • June 2021
  • May 2021
  • April 2021
  • March 2021
  • February 2021
  • January 2021
  • November 2020
  • October 2020
  • September 2020
  • August 2020
  • July 2020
  • June 2020
  • May 2020
  • April 2020
  • March 2020
  • February 2020
  • January 2020
  • August 2019
  • July 2019
  • June 2019
  • March 2019
  • February 2019
  • January 2019
  • December 2018
  • November 2018
  • August 2018
  • July 2018
  • June 2018
  • May 2018
  • April 2018
  • March 2018
  • February 2018
  • December 2017
  • November 2017
  • October 2017
  • August 2017
  • July 2017
  • June 2017
  • May 2017
  • April 2017
  • March 2017
  • February 2017
  • January 2017
  • November 2016
  • October 2016
  • September 2016
  • August 2016
  • July 2016
  • June 2016
  • May 2016
  • April 2016
  • March 2016
  • February 2016
  • December 2015
  • November 2015
  • October 2015
  • September 2015
  • August 2015
  • July 2015
  • June 2015
  • April 2015
  • February 2015
  • January 2015
  • December 2014
  • November 2014
  • October 2014
  • September 2014
  • August 2014
  • July 2014
  • June 2014
  • May 2014
  • April 2014
  • March 2014
  • February 2014
  • January 2014

Chivaroli and Associates Insurance Services is a full-service brokerage firm specializing in the custom-design and placement of insurance and alternative risk funding solutions for your healthcare organization.

Facebook
Twitter
LinkedIn
YouTube

Contact Us Today

Address:
200 North Westlake Blvd., Suite 101
Westlake Village, CA 91362
Phone:
805-371-3680
E-mail:
mail@chivarolitr.wpengine.com

Resources

Health Care
Insurance
Terms & Definitions
News
About

Policies

Cookie Policy
Disclaimer

Recent News

  • Healthcare Ransomware Attacks are Hurting Care: Survey
  • Hospital ‘Black Boxes’ Look to Aid Operating Rooms
  • Passwords Remain a Top Cybersecurity Weakness
  • Lawmakers Seek New Limits to Travel Nurse Costs
© 2023 All rights reserved. Powered By Insurance Agency Website by Stratosphere