It is common for healthcare providers and business associates to have websites—which may be covered by the Americans with Disabilities Act (ADA) or analogous state laws.
Violations of HIPAA cannot be prosecuted by individuals but, depending on the jurisdiction, individuals can seek monetary awards based on loss of privacy.
The duty to preserve is triggered by knowledge of actual litigation or reasonable anticipation of litigation.
Data security lapses can also be investigated and charges filed against a healthcare provider or business associate under HIPAA and State laws
Biometric information may be extremely useful, but healthcare organizations must take into account state laws before implementing any programs that collect or leverage that information.
The process of admitting ESI into evidence may be costly to a provider. However, recent amendments to the Federal Rules of Evidence may reduce that cost.