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November 21, 2023   

Just Around the Riverbend: The Government’s Increasing Use of the False Claims Act in Matters Involving Health Data Privacy Breaches

This Bulletin has been brought to you by AHLA’s Health Care Liability and Litigation Practice Group.
  • November 21, 2023
  • Jackie Papish , Barnes & Thornburg LLP
  • Erin Steele , Barnes & Thornburg LLP

With the rapid increase in health apps and software, digital record-keeping, and other novel uses of technology in the health care industry, electronic protected health information (ePHI) is not only more voluminous than ever, but also more vulnerable to unauthorized access and disclosure. According to the U.S. Department of Health and Human Services Office for Civil Rights (HHS-OCR), the number of breaches involving health-related data has risen consistently since 2020. Another recent study found a 59% year-over-year increase in health data vulnerabilities since 2022. Even medical products and devices themselves may be vulnerable to hackers targeting health care facilities through associated software.

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