Policyholder Services

OMIC Coverage Benefit for HIPAA/HITECH Privacy Violations

What are the various privacy breaches covered under e-MD®?

Privacy breaches are any of the following if committed by an Insured or others acting on the Insured’s behalf:

breach of confidence

invasion, infringement, interference, or violation of any rights to privacy, including:

breach of the Insured’s privacy statement

breach of a person’s right of publicity

false light

intrusion upon a person’s seclusion

public disclosure of a person’s private information

intrusion or misappropriation of a person’s name or likeness for commercial gain

any breach or violation of US federal, state, or local statutes and regulations associated with the control and use of personally identifiable financial or medical information, including:

HIPAA

including Title II which requires protection of confidentiality and security of electronic protected health information,

the rules and regulations promulgated under HIPAA

related state medical privacy laws

Gramm-Leach-Bliley Act of 1999 (GLB), also known as the Financial Services Modernization Act of 1999

including sections concerning security protection and standards for customer or patient records maintained by financial services companies

the rules and regulations promulgated under GLB

State Attorneys General and Federal Trade Commission enforcement actions regarding the security and privacy of consumer information

Governmental privacy protection regulations or laws that require commercial internet sites or online services that collect personal information or medical information to post privacy policies and adopt specific privacy controls or to notify those impacted by identity or data thief, abuse, or misuse

Federal and state consumer credit reporting laws, such as the federal Fair Credit Reporting Act (FCRA)

HITECH ACT