HIPAA HITETCH Compliance Blog Archive
OCR Director, Jocelyn Samuels, reinforced the need for an enterprise-wide assessment when she stated, “[a]ll too often we see covered entities with a limited risk analysis that focuses on a specific system such as the electronic medical record or that fails to provide appropriate oversight and accountability for all parts of the enterprise.”
To get HIPAA compliant in three days and prove it, you need; a risk assessment, updated policies, and documented staff training, which can be done with the investment of a few hundred dollars and a few hours over three days.
If a covered entity is audited, their business associates will be included in the audit, and if the business associate fails, so does the covered entity.
Lincare, an accredited DME company was just hit with a civil penalty for non-compliance with HIPAA. This sounds a warning that compliance with one standard does not necessarily equal compliance with another standard.
To guard against data breaches, healthcare organizations must demand more proof of how their business associates are safeguarding patient data and mitigating related risks, says privacy and security expert Daniel Schroeder.
HHS has repeatedly stated that there is no authorized certification process for HIPAA compliance, but companies still make the claim. Beware of the FTC because they are fining companies that advertise false HIPAA compliance capabilities.
What is more efficient and cost effective, having a HIPAA consultant come to your site (house call) or connecting with them through the Internet (telemedicine)?
Getting a HIPAA risk assessment is a requirement but what is the definition of a HIPAA risk assessment and what should you buy?
If you store either PHI (Protected Health Information) or EPHI (Electronic Protected Health Information) you are a business associate and must be HIPAA compliant.
A healthcare insurer received a $3.5 million fine and CAP (Compliance Action Plan) for multiple breaches caused by no policies, no risk assessment, and no business associate agreement with a major vendor.
Industry experts are calling for more enforcement of HIPAA regulations on business associates, according to this article in healthcareinfosecurity.com.
Business associates can go from zero to HIPAA compliance in 72 hours with the new Jumpstart program from Compliance Helper and ACR2 Solutions. This includes an initial risk assessment, policies, training, and an updated risk assessment. Everything you need to prove that you are HIPAA Compliant.
If you qualify for our Jumpstart program you can get a Free HIPAA Risk Assessment here: www.compliancehelper.com/free-hipaa-risk-assessment/ . If you don't qualify but still need a risk assessment we would be happy to talk with you about our automated HIPAA risk assessment tool that is cost effective and meets the highest standards.
While HIPAA covers a wide range of issues the basic organization is a triad consisting of periodic risk assessment, updated polices, and documented staff training. The lack of any one of these will result in an audit failure and substantial fines.
The $750,000 fine for HIPAA violations by Cancer Care Group shows that physician practices are not exempt from the rules but the Corrective Action Plan (CAP) is more instructive. The CAP tells us what they needed to do to prevent the fine: "The CAP emphasizes general HIPAA compliance and the importance of conducting the security risk analyses at regular or as-needed intervals, implementing responsive risk management plans, and updating training materials and policies and procedures." http://www.healthlawupdate.com/2015/10/hipaa-fine-underscores-ocrs-focus-on-physician-group-compliance/
Core measure 15 requires a HIPAA risk assessment and HHS states "In fact, in our audits of providers who attested to the requirements of the EHR Incentive Program, this objective and measure are failed more frequently than any other requirement."
Got an up to date HIPAA risk assessment? Got an up to date, written, set of policies and procedures? Got documented staff training? If not HIPAA auditors or your business partners "gotcha".
HHS audits for business associates will start in 2015 but they are the tip of the iceberg. Audits by covered entities are a much greater threat to business associates.
I just read, Why HIPAA Matters: Medical ID Theft and the Human Cost of Health Privacy and Security Incidents by Daniel Solove, who is a professor at George Washington Law school and it certainly rang true to me.