The Delaware Division of Developmental Disabilities Services Data Breach

DOVER (Oct. 21, 2022) – The Delaware Division of Developmental Disabilities Services is announcing today that it is mailing letters to service recipients and legal guardians who were impacted by a recent data breach incident and is providing information to the public regarding the incident.

On August 23, 2022, staff within the Division of Developmental Disabilities Services (DDDS) discovered that in the process of creating new user accounts in the division’s client database, DDDS staff inadvertently provided access to individual records of 7074 individuals. As a result of these actions, 159 new users had potential access to service recipients’ personal, identifiable information and protected health information as well as potential access to more detailed information through accessed accounts.

A thorough investigation of the incident was conducted. Using forensic analysis available through the software’s vendor, the division has been able to determine how many users accessed information not intended for their use, and which service recipient records were opened and viewed. While the division has determined that only 12 detailed records were actively accessed, certain personal, identifiable information and protected health information was passively available to any user with the erroneous access level. The software vendor is unable to determine who may have passively viewed this information.

Based on this internal investigation and consultation with the software vendor, the division is taking corrective measures to tighten security and protection of the personal health information of its service recipients. DDDS has:

  • Reviewed and reinforced its Health Insurance Portability and Accountability Act (HIPAA)-related policies and procedures.
  • Established new guidelines for the creation of user accounts and a tightened approval process for accessing records.
  • Worked with its vendor to institute technology checks on providing access.

The division will incorporate lessons from this analysis into the design and implementation of its new client data management system scheduled for transition in 2023.

As required by HIPAA and state law, the Delaware Division of Developmental Disabilities Services has reported this breach to the U.S. Department of Health and Human Services and to the Delaware Department of Justice.

The Division of Developmental Disabilities Services is also establishing a dedicated call center independently staffed by a contracted company to answer any questions about this incident. Call center representatives have been fully versed on the incident and can answer questions or concerns individuals may have regarding protection of their personal information. Additionally, the division will be offering free access to credit monitoring to all impacted parties for a period of one year.



Radiologist Revises Process for Workers Compensation Disclosures Covered Entity: Health Care Provider Issue: Impermissible Uses and Disclosures A radiology practice that interpreted a hospital patient’s imaging tests submitted a worker’s compensation claim to the patient’s employer. The claim included the patient’s test results.  However, the patient was not covered by worker’s compensation and had not identified worker’s compensation as responsible for payment. OCR’s investigation revealed that the radiology practice had relied upon incorrect billing information from the treating hospital in submitting the claim.  Among other corrective actions to resolve the specific issues in the case, the practice apologized to ...read more



Private Practice Implements Safeguards for Waiting Rooms Covered Entity: Private Practice Issue: Safeguards; Impermissible Uses and Disclosures A staff member of a medical practice discussed HIV testing procedures with a patient in the waiting room, thereby disclosing PHI to several other individuals.  Also, computer screens displaying patient information were easily visible to patients. Among other corrective actions to resolve the specific issues in the case, OCR required the provider to develop and implement policies and procedures regarding appropriate administrative and physical safeguards related to the communication of PHI.  The practice trained all staff on the newly developed policies and ...read more



Direct Liability of Business Associates In 2009, Congress enacted the Health Information Technology for Economic and Clinical Health (HITECH) Act,1  making business associates of covered entities directly liable for compliance with certain requirements of the HIPAA Rules. Consistent with the HITECH Act, the HHS Office for Civil Rights (OCR) issued a final rule in 2013 to modify the HIPAA Privacy, Security, Breach Notification, and Enforcement Rules.2   Among other things, the final rule identifies provisions of the HIPAA Rules that apply directly to business associates and for which business associates are directly liable.3 As set forth in the HITECH ...read more



Pharmacy Chain Revises Process for Disclosures to Law Enforcement Covered Entity: Pharmacies Issue: Impermissible Uses and Disclosures A chain pharmacy disclosed protected health information to municipal law enforcement officials in a manner that did not conform to the provisions of the Privacy Rule. Among other corrective actions to resolve the specific issues in the case, OCR required this chain to revise its national policy regarding law enforcement's access to patient protected health information to comply with the Privacy Rule requirements, including that disclosures of protected health information to law enforcement only be made in response to written requests from ...read more

May 2026
SuMoTuWeThFrSa
12
3456789
10111213141516
17181920212223
24252627282930
31

Blog Home

Newest Blog Entries
1/21/25 Understanding Business Associate Agreements

11/12/22 Modernizing Medicine Agrees to Pay $45 Million to Resolve Allegations of Accepting and Paying Illegal Kickbacks and Causing False Claims

11/12/22 Indian National Charged in $8 Million COVID-19 Relief Fraud Scheme

11/12/22 Former Hospital Employee Pleads Guilty To Criminal HIPPA Charges

11/12/22 Covered entities and those persons rendered accountable by general principles of corporate criminal liability may be prosecuted directly under 42 U.S.C. § 1320d-6

11/12/22 The Delaware Division of Developmental Disabilities Services Data Breach

11/12/22 OCR Settles Three Cases with Dental Practices for Patient Right of Access under HIPAA

11/12/22 HHS Issues Guidance on HIPAA and Audio-Only Telehealth

11/12/22 Five Former Methodist Hospital Employees Charged with HIPAA Violations

11/12/22 May a covered entity use or disclose protected health information for litigation?

11/12/22 When does the Privacy Rule allow covered entities to disclose protected health information to law enforcement officials?

Blog Archives
January 2025 (1)
November 2022 (54)

Blog Labels
PPP Fraud (1)
Data Breach (1)
EHR Fraud (1)
ePHI (2)
HIPAA (2)
BAA (4)
Covered Entity (40)
Telehealth (1)
HIPAA Enforcement (3)