HIPAA Compliance for Medical Practices
61.1K views | +2 today
Follow
HIPAA Compliance for Medical Practices
HIPAA Compliance and HIPAA Risk management Articles, Tips and Updates for Medical Practices and Physicians
Your new post is loading...
Your new post is loading...
Scoop.it!

10 Reasons to be HIPAA Compliant

10 Reasons to be HIPAA Compliant | HIPAA Compliance for Medical Practices | Scoop.it

Here is a reprint of a recent online article submitted by Nick McGregor and posted by CMIT Solutions. # 7 on the list calls for an increase in enforcement of HIPAA compliance by HHS. More of an incentive to make this a priority if your small practice has not done so already.

Rather than asking, “What has changed for your business in the health care realm this year?” the better question might be, “What hasn’t changed?”

The Affordable Care Act, premium increases, existing policy cancellations, enrollment period confusion, continuing IT problems with the HealthCare.gov website… Each of these minor health care earthquakes has shaken the small business community to its core.

Add in constant worries about data security and IT functionality and it can be enough to drive a business owner mad. But there’s one feature of the health care landscape that represents an even more critical decision: new HIPAA rules, regulations, and compliance requirements.

If your business has any contact with electronic health records or medical information, either as a Covered Entity (CE) — health care provider, health plan, or health care clearinghouse — or a Business Associate (BA) — any vendor or subcontractor that helps a CE carry out its activities and functions — HIPAA compliance should be of the utmost importance for you.

Why? The following 10 reasons provide a good start:

  1. The HITECH Act and HIPAA Omnibus Rule have substantially increased civil penalties for non-compliance. The penalty cap for HIPAA violations was increased from $25,000/year to $1,500,000/year per violation. Willfully ignoring or failing to be compliant means mandatory investigations and penalties can be initiated by any complaint, breach, or discovered violation.
  2. New Breach Notification rules will increase the number of HIPAA violations determined to be breaches. The HIPAA Omnibus Rule expands the definition of a breach and the consequences of failure to address it properly. Providing proper notification can trigger federal investigations and eventual fines and penalties.
  3. The mandated deadline for new HIPAA compliance rules has already passed. All Covered Entities and Business Associates were required to update their HIPAA policies, procedures, forms, and Notices of Privacy Practices by September 23, 2013.
  4. All Covered Entities must have documented policies and procedures regarding HIPAA compliance. Recently, a dermatology practice in Concord, MA, learned this lesson the hard way, getting slapped with a $150,000 fine for allowing the health information of just 2,200 individuals to be compromised via a stolen thumb drive. The company also had to incur the cost of implementing a corrective action plan to address Privacy, Security, and Breach Notification rules.
  5. Business Associates are now required to be compliant with HIPAA Privacy and Security Rules. Business Associates will be held to that standard by Covered Entities, who are now responsible for ensuring their BAs are compliant.
  6. While Meaningful Use incentives for Electronic Health Records (EHR) are optional, HIPAA compliance is not. If you manage Protected Health Information (PHI), you must comply with federal regulations or face substantial civil and criminal penalties. If a Covered Entity accepts Meaningful Use funding, a Security Risk Analysis is required — and any funding may have to be returned if adequate documentation is not provided upon request.
  7. The Department of Human & Health Services’ (HHS) Office of Civil Rights (OCR) is expanding its Division of Health Information Privacy enforcement team. The federal bureau is stepping up hiring for HIPAA compliance activities calling for professionals with experience in privacy and security compliance and enforcement.
  8. State Attorney Generals are getting involved in HIPAA enforcement. HHS has even posted HIPAA Enforcement Training for State Attorneys General agendas on its www.HHSHIPAASAGTraining.com website.
  9. HIPAA compliance requires staff privacy and security training on a regular basis. All clinicians and medical staff that access PHI must be trained and re-trained on proper HIPAA procedures. Documentation of provided training is required to be kept for six years.
  10. Protecting your practice means avoiding the HIPAA “Wall of Shame.” The list of health care organizations reporting major breaches and receiving substantial penalties is growing at an alarming rate. The details of these breaches are widely available to the general public — and widely reported in the media.
Technical Dr. Inc.'s insight:

Contact Details :
inquiry@technicaldr.com or 877-910-0004
www.technicaldr.com

more...
No comment yet.
Scoop.it!

5 Common HIPAA Mistakes

5 Common HIPAA Mistakes | HIPAA Compliance for Medical Practices | Scoop.it

Now more than ever, HIPAA compliance is a must. It’s hard to believe, but HIPAA violations can soar to over several million dollars and can even include jail time! We know HIPAA can be confusing. The devil’s in the details – there are a lot of rules to follow, which means a lot of mistakes you can make! While we can’t cover them all, this list of 5 common HIPAA mistakes and ways you can prevent them is a smart place to begin.

1. Lost or Stolen Devices

In January 2012, Pennsylvania –based CardioNet reported to HHS’ Office for Civil Rights (OCR) that a workforce member’s laptop was stolen from a parked vehicle outside of the employee’s home. The laptop contained the ePHI of 1,391 individuals. The outcome? A crippling 2.5 million dollar settlement.¹

Mobile devices like mobile phones and laptops or tablets are particularly vulnerable to theft and loss due to their size and – well – their ease of mobility! When covered entities and business associates don’t implement mobile device security, people’s sensitive health information is put at risk. Ignoring security can result in a serious breach, which affects each individual whose information is left unprotected.

What can you do today to safeguard your devices? Here’s what the U.S. Department of Health and Human Services recommends:

  • Use a password or other user authentication
  • Install and enable encryption
  • Install and activate remote wiping and/or remote disabling
  • Disable and do not install or use file sharing applications
  • Install and enable a firewall
  • Install and enable security software
  • Keep your security software up to date
  • Research mobile applications (apps) before downloading
  • Maintain physical control
  • Use adequate security to send or receive health information over public Wi-Fi networks

2. Hacking

Getting hacked is something we all fear, and for good reason. It seems like a new hacking technique is born every day. You’ve heard of some – phishing, viruses, ransomware – and maybe not of others – Fake WAP, Waterhole attacks. Hacking can happen to anyone, any time, any place, any… Let’s just say it’s serious business.

Check out this statistic on ransomware, specifically: A recent report from a U.S. Government interagency shows that, on average, there have been 4,000 daily ransomware attacks since early 2016. That’s a whopping 300% increase over the 1,000 daily ransomware attacks reported in 2015.²

What to do? Use these high-level tips as first steps:

  • Conduct a full risk assessment to discover all security vulnerabilities
  • Use strong passwords and two-factor authentication.
    • Read our “Creating and Managing Passwords” blog article for more info
  • Install all software patches promptly and ensure databases are up-to-date
  • Keep anti-virus definitions updated
  • Scan for viruses regularly
  • Check out this article for more info on ransomware: “WannaCry Ransomware Protection with HIPAA“

3. Employee Dishonesty

In 2012, the owner of a Long Island Medical Supply company was found guilty of $10.7 million dollars of Medicare fraud and HIPAA Violations. She was sentenced to 12 years in prison and fined $1.3 million dollars.

Employees accessing patient information when they are not authorized is a common HIPAA violation. Whether it is out of curiosity, spite, or as a favor for another person, unauthorized access is illegal and can cost an organization substantial amounts. Also, people that use or sell PHI for personal gain can be subject to fines and even prison time. Staff members that gossip about patients to friends or coworkers is also a HIPAA violation that can result in a significant fine. Employees must be mindful of their environment, restrict conversations regarding patients/clients to private places, and avoid sharing any patient information with anyone else.

Take a look at these ideas for keeping staff compliant:

  • Establish and enforce sanction policies
  • Train and retrain staff on HIPAA
  • Monitor employee compliance:
    • Check work areas for obvious violations
    • Listen for any discussion in the workplace that includes PHI

4. Improper Disposal

In 2009, CVS paid $2.25 million to settle a violation of throwing pill bottles containing patient names, addresses, medications and personal information into open dumpsters.

HIPAA requires that you protect the privacy of PHI in any form when disposing of information (45 CFR 164.530(c)). This not only includes tangible documents like x-ray films or patient charts, but also electronic media like old laptops or external drives.

The U.S. Department of Health and Human Services has defined these proper disposal methods:

  • For PHI in paper records, shredding, burning, pulping, or pulverizing the records so that PHI is rendered essentially unreadable, indecipherable, and otherwise cannot be reconstructed.
  • Maintaining labeled prescription bottles and other PHI in opaque bags in a secure area and using a disposal vendor who is a business associate to pick up and shred or otherwise destroy the PHI.
  • For PHI on electronic media, clearing (using software or hardware products to overwrite media with non-sensitive data), purging (degaussing or exposing the media to a strong magnetic field in order to disrupt the recorded magnetic domains), or destroying the media (disintegration, pulverization, melting, incinerating, or shredding).
  • Further, covered entities, business associates and subcontractor BAs must ensure that their workforce members receive training on and follow the disposal policies and procedures of the organization, as necessary and appropriate for each workforce member. See 45 CFR 164.306(a)(4), 164.308(a)(5), and 164.530(b) and (i). Therefore, any workforce member involved in disposing of PHI, or who supervises others who dispose of PHI, must receive training on disposal. This includes any volunteers. See 45 CFR 160.103 (definition of “workforce”).⁴

5. Third-Party Disclosure

North Memorial Health Care of Minnesota paid a fine of $1.5 million to settle HIPAA violation charges in 2011 after a business associate was given access to ePHI before a signed copy of a HIPAA-compliant Business Associate Agreement (BAA) was obtained.⁵

Under HIPAA law, covered entities must have a signed BAA from any vendor that provides functions, activities or services for or on behalf of a covered entity that has access to patient ePHI. A signed copy of the BAA must be obtained before access to patient health data is provided. The BAA must outline the responsibilities the business associate has to ensure PHI is protected and is not disclosed to any unauthorized parties.

Remember, your business associates’ HIPAA shortcomings impact you! Period.

Be sure to:

  • Establish who your Business Associates are, considering their subcontractors and your own contractors. (Read our own “Preparing Contractors for HIPAA Compliance” blog)
  • Obtain a Business Associate Agreement before your BA has access to any client/ patient health data
  • Ask for verification of HIPAA compliance for each and every BA, including their subcontractors
  • Read some of the previous articles we’ve written about Business Associates for smart ways on working with them:
    • “Auditing Business Associates”
    • “Business Associates Must Take HIPAA Compliance Seriously“
Technical Dr. Inc.'s insight:

Contact Details :
inquiry@technicaldr.com or 877-910-0004
www.technicaldr.com

more...
No comment yet.
Scoop.it!

HIPAA and Social Media: Avoiding Costly Mistakes | Eyemaginations

HIPAA and Social Media: Avoiding Costly Mistakes | Eyemaginations | HIPAA Compliance for Medical Practices | Scoop.it

A nurse inspired by a young chemotherapy patient’s courage posts a photo on her personal Facebook page, being careful not to use the patient’s name. A practice manager posts a photo of an office party on Instagram; a stack of patient files is in the background. A nurse writes an angry blog post about an alleged cop-killer who is being treated at the hospital where she works, but does not name the patient, victim, or her employer. What do all of these scenarios have in common? They are all examples of HIPAA violations that led to a healthcare professional being reprimanded, fined, or fired.

You may think your practice is up to date on patient privacy, but changes in HIPAA policies, healthcare information technology, and the explosion of social media have changed the game. “Despite widespread awareness of the need to store and send sensitive patient data securely, physicians and practices run afoul of HIPAA rules on a regular basis, which opens the door to both civil and criminal penalties,” reports Medical Economics. The maximum HIPAA fines have increased to a whopping $50,000 per violation.

Here’s what you need to know about HIPAA and protecting your patients and your practice in this age of social media and oversharing.

Decoding ‘patient identifiers’

Because there are new social media platforms emerging all the time, it can be daunting to figure out what’s OK to post and what’s not. First, you and your employees need to understand what is considered a HIPAA violation on social networks. Most healthcare professionals know to avoid impermissible use or disclosure that compromises the security or privacy of a patient’s protected health information (PHI). The confusion arises in defining what PHI is and is not.

HIPAA specifies 18 identifiers beyond a patient’s name that must be kept private. One of those is “full face photographic images and any comparable images,” which is where the nurse mentioned in the Facebook example above ran afoul of HIPAA. This even includes recognizable patient photos or files in the background of photos, such as in the office party example above. You’re not even in the clear if you’re simply reposting or “regramming” photos of a patient sharing all the details of their medical issues on their own social media accounts. If the patient can be identified, don’t do it.

It’s also important to consider things that might be “patient identifiers” besides a person’s name or face. In one case, a nurse posted a comment on a small-town newspaper’s blog that mentioned a patient’s age and mobility aids, which were enough to figure out whom she was discussing.  “In small communities especially, people can quickly determine who is in the hospital and for what with just a few details. Innocent comments about a patient lead to identification,” notes Kyna Veatch on the legal website Law360.com.  

This also goes for celebrities and high-profile people. In the case of the nurse mentioned above who angrily shared her views about a patient online, news coverage about the murder case made it clear whom she was talking about. Another common example of HIPAA violations is when staffers cannot contain their excitement about treating a pro athlete or well-known TV personality and “overshare” on social media. “Posting verbal ‘gossip’ about a patient to unauthorized individuals, even if the name is not disclosed” can get medical practices into hot water with HIPAA, warns the company Healthcare Compliance Pros (HCP).

HIPAA do’s and don’ts

Let’s look at some best practices related to HIPAA and social media:

Do keep your and your employees’ personal social media accounts separate from the practice accounts. “Some ophthalmologists choose to create personal pages with pseudonyms that only their friends and family know,” notes Veatch. “This keeps patients from searching for them and sending friend requests.” Avoid “friending” patients on personal or practice accounts, and advise your employees to do the same.

Don’t make the mistake of thinking that posts are private or disappear once they have been deleted.Search engines and screenshots can make even deleted posts permanent. As a general rule, don’t post anything you wouldn’t be comfortable sharing in public. “If there is any doubt at all about a certain post, picture, or comment then check with your compliance officer or even a colleague before publishing,” advises HCP.

Do speak up when patients are asking for medical advice online. Crowdsourcing your medical care on social media is never a good idea, but people do it all the time. Doctors can offer advice as long as it’s general and not specific to one patient. Sharing a patient education video on a particular health topic or condition can be one way to do it. “Speaking to patients as a collective on social media should steer providers away from any privacy risks,” per physician and social media expert Kevin Pho of KevinMD.com. If an unknown patient reaches out and asks a personal health question on social media, “take that conversation offline with a standard response that asks the patient to call the office and make an appointment, or if an emergency, to call 911 or go to the emergency department,” he advises.

Don’t overlook staff training. Educating your staff and having a solid social media policy in place is imperative to HIPAA compliance, according to Healthcare IT News. Your policy should define social media, mention specific sites, and describe what information employees are allowed to post online and what is off-limits, on both the practice pages and their personal pages. As Healthcare IT News states, “When employees post on social media, not only do they represent themselves, they represent the employer, the office, and all healthcare professionals.”

 

 

 

 

Technical Dr. Inc.'s insight:

Contact Details :
inquiry@technicaldr.com or 877-910-0004
www.technicaldr.com/tdr

more...
No comment yet.
Scoop.it!

Covered Entities Must Share PHI with Patients Even if it is Requested in an Unencrypted Format

Covered Entities Must Share PHI with Patients Even if it is Requested in an Unencrypted Format | HIPAA Compliance for Medical Practices | Scoop.it

This month, Atlantic Information Services reported that covered entities must provide patients with their ePHI when they request it, in a format that the patient can open on their computer. Does this mean Covered Entities may have to send unencrypted emails containing electronic Personal Health Information (ePHI) to their patients? It depends on what the patient requests.

The HHS statement that patients have the right to access their ePHI and that covered entities “must provide this access in the manner requested by the individual” has created confusion. Covered entities are now left trying to find ways to provide patients access to their ePHI without violating HIPAA requirements.

The Privacy Rule “allows the use of unencrypted email when communicating ePHI between the healthcare provider and the patient…provided they apply reasonable safeguards when doing so”. 1

Examples of safeguards include:

  1. Check the email address for accuracy.
  2. Send email to confirm the recipient before sending the ePHI.
  3. Limit the amount of information disclosed.
  4. Encrypt emails.

Many covered entities have policies in place requiring all email containing ePHI be encrypted, and we at Total HIPAA Compliance fully support these policies. Patients may complain about opening an encrypted email, but the alternative is that you are potentially exposing their unencrypted Protected Health Information to all kinds of unknown risks. An unencrypted email can go through multiple servers before it reaches its final destination, and every server it stops in on its way to its final destination is another potential failure point.

How do you protect your patients while giving them access to their information in the format requested?

  1. Don’t explicitly offer unencrypted communication– I know this sounds disingenuous, but if you have a communication request from a patient, it’s always best to default by sending those communications encrypted.
  2. Explain the risks of sending unencrypted communications– Most non-technical people don’t understand the risks they are taking by sending communications unencrypted. You can relate the privacy level to sending an electronic postcard listing all their requested information. It is estimated that medical identity theft costs an individual $13,500.2 This is a major reason to insist that all communications with patients be encrypted.
  3. Make the barrier for unencrypted communication high. HHS states, if the healthcare provider feels the patient is not aware of the risks of using unencrypted emails for ePHI, or has concerns about liability, they can inform the patients of those risks and allow the patient to make the decision. If the patient then decides to request the receipt of the ePHI using unencrypted email, the covered entity will be exempt of possible liability because the patient has given their explicit permission to receive the ePHI in an unencrypted form. Make sure the client signs off each time there is a requested unencrypted communication. This burden may push a client to receive information encrypted.
  4. Here is a form you can use if a client insists on having communications sent unencrypted.

Ways to Make Patient Communication Easier While Using Encryption:

Patient Portals
A patient portal is a secure website that patients can access with a username and password. Portals allow patients to access their ePHI through an internet connection. This is an elegant way to provide the patient with their PHI and not expose the information to hackers.

Use a different encrypted email provider
There are many HIPAA compliant email encryption services you can use. Some are easier for patients to use than others. If your patients are consistently complaining, maybe it’s time to look into a new provider. There are many great options out there that will integrate with your EHR.

Two of our favorite encrypted email platforms for ease of use and cost are:

  1. Virtru This application allows users to integrate with almost any email provider. Vitru Pro is HIPAA compliant and will sign a Business Associate Agreement. Virtru offers end-to-end encryption with the ability to revoke a message at any time. Vitru makes it easy for the sender to encrypt messages and the receiver to respond encrypted.
  2. Protected Trust is also another great product. The email recipient has to be registered with Protected Trust, but this is free for your patients. Protected Trust offers many different verification options for the recipient, including sending recipients a phone call or text message to verify their identity. This application is easy to use for the receiver since they do not have to install any software or create a new email address.

The HIPAA Omnibus update strives to make communication between providers and patients easier as well as protect the privacy of your patients. This can be tricky for the health care provider, but patients always have the right to access their own PHI, and it is up to healthcare providers to grant them that access. As patients begin to demand more communication, covered entities will have to figure out the best way to do this, while remaining HIPAA compliant.

Technical Dr. Inc.'s insight:

Contact Details :
inquiry@technicaldr.com or 877-910-0004
www.technicaldr.com

more...
No comment yet.
Scoop.it!

The Status Of HIPAA Compliance

The Status Of HIPAA Compliance | HIPAA Compliance for Medical Practices | Scoop.it

The Office for Civil Rights (OCR), the agency within the U.S. Department of Health and Human Services tasked with HIPAA compliance enforcement, is about to start formally notifying various healthcare providers and plans that they have been selected for an audit. Those covered entities selected will be required to submit specific documentation to OCR that demonstrates how their respective organizations are complying with HIPAA compliance requirements. 

 

The goal with the Phase 2 Audit program is to determine how well covered entities are implementing the correct policies and procedures for HIPAA compliance. If the results of the Phase 2 audits are anything like the first audit, OCR is probably going to see disappointing data indicating most organizations are not fully complying with all the requirements. 

 

There is an easier way to find out the status of current compliance with covered entities, not to mention a less costly way, in saving the taxpayers money in paying a contractor to gather the needed results.  Published reports showed that OCR paid about 9 million dollars to the global audit firm KPMG in 2012 to conduct the Phase 1 audits.

 

NueMD released the results of their follow-up survey to the original survey conducted in 2014, which looked at the status of HIPAA compliance. In the updated survey, 927 respondents, which included practices and billing companies, answered a number of revealing questions about the current status of HIPAA knowledge and compliance. For comparison purposes, OCR is looking to identify about 200 covered entities for the Phase 2 audit.

 

So what did NueMD find out in their updated survey? Overall HIPAA compliance is still not close to where it needs to be with most organizations. With so many HIPAA data breaches occurring on what seems like a daily basis, the survey clearly shows why this is occurring.

 

Here are some significant findings of the survey:

 

  • Regarding the annual requirement for HIPAA Security Awareness Training, the 2014 survey indicated 62% of owners, managers and administrators claimed they provided training for their staff annually — now that number has dropped to 58%.

 

  • Appointing HIPAA Security and Privacy Officers is another requirement for compliance. The survey found an actual decrease in these appointments. Although appointments were only a few percentages down, the study said, “These may not be extraordinary changes, but the numbers are moving in the wrong direction!”  Agreed.

 

  • On the positive side, the survey showed, “A region that suggests a correlation between increased awareness and improved compliance is that of Business Associate Agreements,” (BAA).  In 2014, 60% of the respondents were aware of the use of BAAs, where in 2016, 68% now claim to know more about these rules.  

 

  • Another positive finding was in the awareness of the HIPAA Omnibus updates. In 2014, respondents indicated 64% were aware of the updates in law. That percent increased to 69% this time around. There are many additional patient rights afforded by the Omnibus Rule that healthcare providers must be aware of. Although there was an increase, providers must do a better job in understanding their responsibilities under Omnibus. 

 

The NueMD updated survey is a great barometer to gauge overall HIPAA compliance efforts, but as the survey shows, covered entities still have a long way to go to make sure they fully understand all the requirements and just not some.

Technical Dr. Inc.'s insight:

Contact Details :
inquiry@technicaldr.com or 877-910-0004
www.technicaldr.com/tdr

more...
No comment yet.