PHMHS

Upon request, a subcontractor (PHM Software Solutions) of the covered entity's (CE) business associate (BA), PHM Healthcare Solutions, modified a software application the CE was utilizing which led to the disclosure of electronic protected health information (ePHI) of 5,000 individuals on the Internet. The ePHI included names, gender, member identification numbers, dates of birth, and consent forms. The CE provided breach notification to HHS, the media, and affected individuals and posted substitute notice on its website. Upon discovery of the breach, the BA removed the software application and placed it offline. As a result of OCR's investigation, the CE had its BA to conduct a risk analysis and create a risk management plan to address any vulnerabilities identified in the risk analysis. The breach incident involved a BA and occurred prior to the September 23, 2013, compliance date. OCR provided technical assistance to assist the CE understand its obligations under the Privacy and Security Rules regarding BA agreements.