HIPAA Insurance: There was plenty of talk early on about whether "HIPAA Insurance" would evolve as a form of D&O or malpractice insurance, either to insure against losses and damages for a HIPAA breach by a covered entity or an indemnification or other loss suffered by a business associate who breaches a BA Agreement. According to Andy Cohn, there is.
Of course, the inavailability of a private cause of action under HIPAA and the low number of enforcement actions should impact the actuarial estimation of the costs of the risk, but it is something to consider.