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Multistate AGs Settle with Premera for $10M Over HIPAA Data Breach

Premera Blue CrossJuly 11, 2019California Attorney General

Penalty Amount

$10,000,000

Summary

Premera Blue Cross suffered a data breach in 2014 that exposed personal and medical information of 10.5 million consumers. As part of a multistate settlement, Premera agreed to pay $10 million in civil penalties and implement security improvements and a compliance program. California will receive over $1 million from the settlement.

Remedy

Premera must pay $10 million in civil penalties and implement reasonable security measures to protect consumer data, including maintaining a compliance program.

Monetary PenaltyInjunctionCompliance Program

Contract Impact

In-house legal teams should review all agreements involving protected health information (PHI), such as business associate agreements with vendors, customer contracts with health plan members, and employee confidentiality agreements. Key clauses to scrutinize include HIPAA compliance obligations, data breach notification timelines and procedures, encryption and access control standards, audit rights for security assessments, and indemnification provisions for data breaches. Given the $10 million settlement for inadequate security, contracts may need amendments to mandate specific security improvements, regular risk assessments, enhanced compliance monitoring, and clear accountability for PHI protection to align with HIPAA and prevent future breaches.

Contract Search Terms

HIPAA compliance clausedata breach notificationsecurity incident responseencryption requirementsaccess control provisionsaudit rightsdata retention scheduleindemnification for data breachesbusiness associate agreementrisk assessment clause

Laws Cited

Health Insurance Portability & Accountability Act (HIPAA)

Violation Types

Entity Details

Entity

Premera Blue Cross

Also known as: Premera

Industry

Insurance

Official Sources

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