HIPAA Compliance for Medical Practices
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HIPAA Compliance for Medical Practices
HIPAA Compliance and HIPAA Risk management Articles, Tips and Updates for Medical Practices and Physicians
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HIPAA Violation and Hospital Employee viewing PHI 

HIPAA Violation and Hospital Employee viewing PHI  | HIPAA Compliance for Medical Practices | Scoop.it

HIPAA Violation rocks hospital!  An employee at St. Charles Health system accessed over 2400 patients’ medical records over a two-year period because they were curious. We all know that curiosity killed the cat and now it may have direr consequences for this curiosity seeker and the hospital system. 

HIPAA Violation without intent to commit fraud

The employee who viewed the protected health information (PHI) without a legitimate reason to do so is in jeopardy of large civil fines, loss of their respective clinical license and criminal prosecution. Not to mention termination from their present position. The hospital system has to repair its damaged reputation while at the same time prepare to defend itself against potential civil/criminal lawsuits.  There are too many incidences were an organization is liable for HIPAA violations, even though they “didn’t do it”.

 

Now the local District Attorney has taken interest in this matter and is launching a criminal investigation. Under the HIPAA statute there is no individual right of action, however, the Attorney General of the state where the infraction took place may file charges on the individual(s) behalf.

 

The aforementioned employee signed an affidavit stating that the HIPAA violation they committed, and any of the information they accessed was not to commit fraud, however, that did not halt the criminal investigation.

Hospital employee viewing PHI

This real-life incident demonstrates how healthcare providers and their employees can face serious trouble for viewing records inappropriately. Just remember this incident when you want to be inquisitive about a patient that you are not treating or accessing a patient’s medical records for no business purpose.

 

When performing your job function, it is not a HIPAA violation if you release and/or access a patient’s PHI for treatment, payment or health operations (TPO). When accessing and/or releasing a patient’s PHI, ask yourself does this fall under the TPO exceptions? If it does, then you should just release the minimum information necessary to complete the task and if it does not, then you may need an authorization signed by the patient or his/her representative. In the event you are unsure if you can release and/or access a patient’s PHI, contact your supervisor or your organization’s Privacy Officer.

 

Finally, this violation reaffirms the need to conduct a HIPAA Risk Analyses, including monitoring the privacy/breach rule.  Use your policies and procedures for efficient and effective training, auditing and monitoring.

Technical Dr. Inc.'s insight:
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inquiry@technicaldr.com or 877-910-0004
www.technicaldr.com

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$150,000 HIPAA Settlement Following Breach of Unsecured PHI Due To Malware | JD Supra

The U.S. Department of Health and Human Services (HHS) Office of Civil Rights (OCR) announced on December 8, 2014 that a community behavioral health organization agreed to pay $150,000 and adopt a corrective action plan to settle potential violations related to the Health Insurance Portability and Accountability Act of 1996 (HIPAA).

In March 2012, Anchorage Community Mental Health Services (ACMHS) notified OCR regarding a breach of unsecured electronic protected health information from malware that compromised the security of ACMHS’ information technology resources. The breach affected 2,743 individuals. ACMHS is a five-facility, non-profit organization providing behavioral health care services in Alaska.

As part of its investigation, OCR noted that ACMHS had adopted HIPAA security rule policies and procedures in 2005, but ACMHS did not follow these rules. As part of the Resolution Agreement, OCR stated that for almost seven years, “ACMHS failed to conduct an accurate and thorough assessment of the potential risks and vulnerabilities to the confidentiality, integrity and availability” of its electronic protected health information. During that same time period, OCR stated that ACMHS did not implement policies and procedures requiring implementation of security measures. During a four-year period, ACMHS did not implement technical security measures to guard against unauthorized access to electronic protected health information that was transmitted over an electronic communications network by “failing to ensure that firewalls were in place with threat identification monitoring of inbound and outbound traffic and that information technology resources were both supported and regularly updated with available patches.”

In early December 2014, ACHMS agreed to enter into a Corrective Action Plan (CAP) with HHS. The two-year CAP requires ACHMS to revise its security rule policies and procedures and distribute them to all workforce members who use or disclose electronic protected health information; provide general security awareness training materials for all workforce members, and conduct an annual “accurate and thorough assessment of the potential risks and vulnerabilities to the confidentiality, integrity, and availability” of its electronic protected health information. ACHMS is required to provide annual reports to HHS of its compliance with the CAP.

In the press releasing announcing the resolution with ACMHS, HHS emphasized that successful HIPAA compliance includes, “reviewing systems for unpatched vulnerabilities and unsupported software that can leave patient information susceptible to malware and other risks.”

This is the sixth resolution agreement announced by OCR in 2014. Overall, HHS has entered into 21 resolution agreements relating to HIPAA compliance. HIPAA compliance continues to be a focus of OCR activities.



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10 Steps for Ensuring HIPAA Compliance 

10 Steps for Ensuring HIPAA Compliance  | HIPAA Compliance for Medical Practices | Scoop.it

1. Development of privacy policies. Healthcare organizations must develop, adopt and implement privacy and security policies and procedures. They must also make sure that they are documenting all their policies and procedures, including steps to take when a breach occurs.

2. Appointment of privacy and security officers. Healthcare organizations should appoint a privacy and security officer. This could either be the same or different individuals. This person should be conversant in all HIPAA regulations and policies.

3. Conducting regular risk assessments. Healthcare organizations should regularly conduct risk assessments to identify vulnerabilities. This will help ensure the confidentiality and integrity of protected health information. It is important to remediate any identified risks and revise policies, if necessary, to minimize risk.

4. Adoption of email policies. Healthcare organizations should adopt policies regarding the use of e-mail. "The Office of Civil Rights does not look too kindly on organizations who haven't established policies regarding mobile devices and email communication," HIPAA does not prohibit the use of email for transmitting protected health information and it does not require that the email be encrypted. But, it is best to encrypt email if possible. If your organization can't encrypt email, make sure that your patients are aware of the risks they are facing if they ask for their health information over email. 

5. Adoption of mobile device policies. Healthcare organizations should adopt strict policies regarding the storage of protected health information on portable electronic devices, and they should regulate the removal of those electronic devices from the premises. HHS has issued guidance regarding the use of mobile devices, and healthcare organizations should be familiar with it.

6. Training. Training all employees who use or disclose protected health information and documenting that training, is an essential step to ensuring HIPAA compliance. Healthcare organizations should also conduct refresher courses and train the employees in new policies and procedures.

7. Notice of Privacy Practices. A Notice of Privacy Practices should be correctly published and distributed to all patients. It should also be displayed on the organization's website, and the organization should obtain acknowledgement of receipt from all their patients,that the notice should be updated whenever policies are revised. It will need to be updated now to reflect the provisions of the Omnibus Final Rule. 

8. Entering into valid agreements. Healthcare organizations should ensure that they are entering into valid business associate agreements with all business associates and subcontractors. Any existing business associate agreements will have to be updated to reflect the changes to HIPAA under the final rule, such as the expansion of liability of business associates.

9. Adoption of potential breach protocols. A protocol for investigating potential breaches of protected health information is a must. The Risk of Harm Standard and the risk assessment test can be used to determine if a breach has occurred. If a breach has occurred, it is essential that the healthcare organization document the results of the investigation and notify the appropriate authorities.

10. Implementation of privacy policies. Privacy and security policies must be properly implemented by healthcare organizations, and they should sanction employees who violate them.

 

These 10 steps will help healthcare organizations ensure that they remain HIPAA compliant, but organizations are also encouraged to check the resources available on the Office of Civil Rights website, such as sample business associate agreements and audit protocols.

Technical Dr. Inc.'s insight:
Contact Details :

inquiry@technicaldr.com or 877-910-0004
www.technicaldr.com

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