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 compliance tips for small medical practices

HIPAA compliance tips for small medical practices | HIPAA Compliance for Medical Practices | Scoop.it

You’ve seen the headlines splashed on TV and across the internet: data breaches hit national businesses such as Target, Chipotle, and many large healthcare systems.

 

But data breaches don’t just affect large corporate entities, they affect small healthcare organizations as well. Take the case of Holland Eye Laser Surgery in March 2018. Their five-provider group practice saw a data breach which made available the patient records of 42,000 patients. Hackers were able to access Social Security numbers, birth records, and other sensitive protected health information (PHI).

 

In fact, some of the medical records of these patients were sold off by data hackers. Officials from the practice stated that they’re now working to strengthening their security system. But once patient trust is lost, sometimes it just cannot be restored.

 

Brief primer on HIPAA and data breaches

 

• The Privacy Rule protects individually identifiable health information held or transmitted by a covered entity or its business associate, in any form, whether electronic, paper, or verbal

 

• Each entity must analyze the risks to e-PHI in its environment and create solutions appropriate for its own situation.

 

• The HIPAA Breach Notification Rule requires providers to notify affected individuals, HHS, and in some cases, the media of a breach of unsecured PHI. Most notifications must be provided without delay and no later than 60 days following the discovery of a breach.

 

5 tips to help you and your medical staff to avoid data breaches

 

1. CMS requires organizations to “[i]mplement policies and procedures to prevent, detect, contain, and correct security violations.” (45 C.F.R. § 164.308(a)(1).) Conduct a detailed risk analysis to evaluate the current staff and product deficiencies and create corrective measures.

 

2. Designate a staff member to train employees on your practice’s HIPAA policies and procedures and spend time going over typical breaches.

 

3. Hire an outside expert to help your organization with compliance support. Your outside organization should set up monthly meetings with the business owners to evaluate your company compliance program and work with your organization to identify cost-effective resources to keep your company compliant.

 

4. Customize your internet toolbars with anti-phishing protection. These applications can run website checks and compare them to lists of known phishing sites and alert users.

 

5. Be suspicious of any email message that asks you to enter or verify personal information through a website or by replying to the message itself. Practice groups and or staff members should never reply to or click the links in such a messages.

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HIPAA Compliance Guidelines for Email & Social Media 

HIPAA Compliance Guidelines for Email & Social Media  | HIPAA Compliance for Medical Practices | Scoop.it

HIPAA applies to both the storage and transfer of electronic protected health information, so electronic communications that may include patient data must be handled with care. This includes email communication between patients and healthcare providers, as well as social posts from healthcare companies and their employees. As more patients adopt an email communication preference and more healthcare providers succumb to the pressures of maintaining a social presence, the possibilities of HIPAA violations grow.

 

To ensure you’re taking the necessary steps to uphold HIPAA compliance standards in your electronic communications, follow these guidelines:

#1: Validate Your Email Security

If you’re sharing sensitive patient data via email, you must use encryption to protect patient privacy. How do you ensure your emails are encrypted and fully HIPAA compliant? Here are a few tips:

  • Adopt a HIPAA compliant email service.
  • Check your current email client for an encryption security setting and request a signed business associate agreement.
  • Set up a secure patient portal for provider-patient communications.
  • Avoid including electronic protected health information (ePHI) in the body of your emails.
  • Manually encrypt any ePHI files sent via email.
  • Include a privacy statement at the bottom of every email.

#2: Get Proper Patient Consent

Consent is an important—and necessary—part of ensuring patient privacy. If you want to engage patients in any sort of electronic communication, you must get them to accept the inherent risks and provide documented consent. Here are some scenarios where this consent is a must:

  • Before communicating with your patient via email
  • Before transmitting any sensitive patient data via email
  • Before publishing a patient testimonial on your website
  • Before sharing a patient photograph on your social channels
  • Before posting details of a patient procedure on your social channels

#3: Create Detailed Office Policies

To ensure HIPAA data privacy remains a top priority for employees during email or social media exchanges, you should develop clear office policies for these types of communication. Here are some of the guidelines your policies should include:

  • When and where to share privacy statements
  • What types of information may or may not be sent via email
  • How to avoid HIPAA pitfalls when using social media
  • Which employees may or may not transmit ePHI
  • When to obtain patient consent

#4: Err on the Side of Caution

If you want to stay on the right side of HIPAA, the best policy is to be extremely cautious about the information you share electronically. Simply avoid any electronic communication that falls into a HIPAA compliance gray area. Here are a few best practices to get you started:

  • Don’t publish a social post that includes any details about a patient’s circumstances
  • Establish appropriate electronic boundaries with patients
  • Don’t give medical advice via email or social comment
  • Allow just one or two individuals to post to social media on your office’s behalf
  • Don’t address complaints on social media
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Why Secure Communication for HIPAA Compliance is Not Enough

Why Secure Communication for HIPAA Compliance is Not Enough | HIPAA Compliance for Medical Practices | Scoop.it

When you spend a lot of time writing about HIPAA compliance and its importance for healthcare providers, you sometimes forget the bigger question: What does HIPAA compliant communicationmean for healthcare?

Yes, we know that HIPAA requires secure and encrypted clinical communication to ensure patient privacy. But is that where the argument starts and ends? Is patient privacy the only reason to embrace HIPAA compliant communication?

Turns out, there’s more to the riddle.

 

Why focus on secure email and secure mobile messaging

According to a 2015 study, healthcare employees use mobile messaging more frequently than voice calling for their business communication. 65 percent of healthcare respondents use email most frequently for business communication, followed by mobile messaging (22 percent) and voice calling (13 percent). The same study also reported that 91 percent of those interviewed use mobile messaging at least a few times per week.

Healthcare often uses mobile communication after receiving a pager alert. Unfortunately, pagers cause unnecessary friction to the process of patient care.

Pagers cost over $1.7 M per year in lost productivity. As such, it is important to find alternative to make healthcare communication processes as efficient and effective as possible.

Similarly, given the prominence of email and mobile communication in healthcare, it also makes sense to remove the friction that these communication cause in terms of efficiency.

If information cannot be easily exchanged through email due to HIPAA concerns or legacy pen-and-paper processes, then the workflow is bogged down.

Why is workflow important?

Efficient clinical workflow saves time, saves money, and saves lives. And in today’s industry, workflow can have a significant effect on reimbursement. As such, effective and efficient communication is key. Practices need to be choosy.

OnPage’s smartphone-based secure messaging tool and Paubox’s mobile friendly HIPAA secure email and forms are designed with secure communication in mind as well as improved workflow. OnPage is able to improve workflow as is Paubox.

And workflow is really where it’s at.

While HIPAA compliance is important to physicians, it is not as important as their patients. Physicians focus on seeing patients and improving patient lives.

Technology that improves practitioners’ efficiency and allow them to spend more time helping patients are meaningful.

How HIPAA secure messaging trumps workflow

As noted, pagers are a huge impediment to optimal workflow in hospitals.

Most paging systems utilize single-function pagers that only allow one-way communication, requiring recipients to disrupt workflow to respond to pages. Paging transmissions can also be intercepted, and the information presented on pager displays can be viewed by anyone in possession of the pager.

However, smartphone-based, HIPAA-compliant group messaging applications improve in-hospital communication. These applications save time as physicians and nurses do not need to receive messages on their pager and then respond via cellphone.

By only using cellphone based secure messaging applications, physicians and nurses have access to secure communication while providing the information security that paging and commercial cellular networks do not.

Additionally, secure messaging technologies enable persistent alerting that ensures messages aren’t dropped, missed or forgotten. By ensuring that messages are not lost, administrators do not need to waste time following up on sent messages.

How secure email and forms improve workflow

A doctor or practitioner must encrypt their emails when they communicate protected health information via email.

Unfortunately, most encrypted email providers use a portal to gate communication. Portals can make recipients take up to five extra steps just to view any messages. It also makes the experience of reading email on a mobile device cumbersome.

Not being able to send and receive emails quickly and easily can significantly bog down workflows.

When it comes to forms, online forms reduce the time patients spend in the office and make the process of patient engagement much more fluid.

Having web forms enables patients to enter their information online and include attachments such as photos or documents, then send in their forms directly to their healthcare provider’s inbox via a HIPAA compliant email provider like Paubox.

Electronic forms make archiving these documents much easier than their paper counterparts as well.

Conclusion

Overall, healthcare cannot ignore the importance of HIPAA compliance; however, healthcare technology also needs to focus on improving the workflow of physicians and practitioners.

As a healthcare provider or practitioner, you need to look for solutions that make communication more efficient.

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HIPAA Compliance for Medical Practices

HIPAA Compliance for Medical Practices | HIPAA Compliance for Medical Practices | Scoop.it

HIPAA Compliance and Technology
HIPAA compliance is a vital part of any medical practice, especially as technology continues to advance. It is more important than ever that medical practices are safeguarding their protected patient health information (PHI). This is especially important for medical practices that work with partners to handle any of their sensitive information, such as billing or patient calls.

 

HIPAA Compliance Across the Care Continuum
New advances in technology allow the healthcare industry to be more efficient. Organizations can store and share data more easily through systems like electronic medical records (EMRs) software. Unfortunately, this created the side-effect of making patient data vulnerable in new ways.

 

Medical practices should be ready to look for HIPAA compliance anywhere their data goes. It’s important for medical practices to evaluate the risks to data exposure and take the appropriate documented steps to protect it. This includes vetting any partner exposed to or directly handling PHI.

 

What Information is Protected?
Under the Privacy Rule, all information that can be used to individually identify someone is protected. Protection occurs no matter what form the information takes. This information can include all historical data on a patient’s condition, what health care they’ve received, any billing information, and anything else that can reasonably be used to identify someone. This, of course, includes the expected information such as name, address, date of birth, etc.

 

The Privacy Rule leaves a little room for interpretation, so it’s best to protect all of the information you have on your patients to be safe.

 

Staying Adaptive and Vigilant
Technology continues to march forward with new innovations seemingly every day. It’s important to be able to understand how to utilize new security advances as well as the risks associated with new technology.

 

To stay HIPAA compliant you must always be vigilant to adapt and make changes in accordance with any new risks, whether from the technology you use or otherwise. This means it can be difficult to find a partner to trust for services such as an answering service, scheduling service, data storage, etc. Partners have to invest to become HIPAA compliant, with the right systems, training and more. Not every company is going to be able to, or willing to, make that investment.

 

What HIPAA Means for Your Partnerships
All authorized users of protected health information must be HIPAA compliant. This means that any of your partners that are authorized to handle your patient data must be compliant as well. They have to be just as vigilant as you and understand the intricacies of each regulation.

 

You need partners that don’t just offer HIPAA compliant services and products, but understand it and can help you proactively protect data and prevent fines. Establishing processes to vet your partners is key. Factors to account for in a partner can include but are not limited to: ensuring they provide a business-to-business agreement that outlines compliance measures, and that they place a concerted effort on mandatory, continuing education for all team members exposed to patient data, not just team members handling the data.

 

For additional information on HIPAA regulations HHS has provided a summary of the Security Rule.

 

HIPAA Compliance in Answering Services
An answering service is going to handle some of your patient’s most important data and be exposed to information such as their appointment types, personal/identifying information, diagnoses and more. They are also storing and conveying information to your practice, so it’s vital that they have the systems to meet the safety requirements and the ability to store data for the appropriate amount of time.

 

When looking for any partner, make sure that they have taken the steps required to be HIPAA compliant in advance so they don’t leave your patients’ data at risk and your organization accountable.

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Is Your Practice HIPAA Compliant?

Is Your Practice HIPAA Compliant? | HIPAA Compliance for Medical Practices | Scoop.it

Is Your Practice HIPAA Compliant?

With considerations and requirements that can be somewhat overwhelming, achieving HIPAA compliance can be quite challenging for medical practices. Even for those well acquainted with HIPAA provisions, there’s always the possibility of gaps and weaknesses. According to the Department of Health & Human Services (HHS), an average of 1,445 complaints has been submitted each day during the calendar year 2018. This staggering statistic means there is much cause for concern.

 

Often, the missteps in HIPAA compliance aren’t deliberate or due to lackadaisical procedures, but rather the result of insufficient documentation and/or inefficient tools. The first step in determining where your vulnerabilities lie is through a Security Risk Analysis. However, a Risk Analysis is often considered the Achilles heel for practices, requiring substantial documentation on multiple processes and contingencies. While the many complex layers of a Risk Analysis present multiple opportunities for errors to occur, its importance in passing audits and being prepared is invaluable.

 

Security Risk Analysis

The Office of Civil Rights (OCR) has determined that the Risk Analysis, which is derived from the Security Rule, to be the foundation of a HIPAA-compliant program. The Risk Analysis and its significance in HIPAA compliance impacts every part of the healthcare ecosystem. There are no opt-outs of HIPAA compliance, no matter the size of an organization or any other influencing factors. Every organization that transmits any Personal Health Information (PHI) in an electronic format or in data content in connection with a transaction for which HHS has adopted a standard, must be HIPAA-compliant. This includes providers such as doctors, clinics, psychologists, dentists, chiropractors, nursing homes, pharmacies, health insurance companies, HMOs, company health plans, government and military/veteran health care programs, health care clearinghouses, and/or MACRA/MIPS participants.

 

In straightforward terms, per the HHS site, the purpose of the Risk Analysis is to “conduct an accurate and thorough assessment of the potential risk and vulnerabilities to the confidentiality, integrity, and availability of electronic protected health information held by the [organization].” To ensure that information is protected and safeguarded by HIPAA standards, the Risk Assessment takes into account three separate organizational areas: physical, technical, and administrative. Each division must have its own plan for compliance, detailing both strengths and possible weaknesses. It’s also not a one and done type of exercise–plans must evolve throughout a healthcare organization’s lifespan.

 

Risk Analysis and Meaningful Use

In today’s medical profession, failing a Meaningful Use (MU) audit isn’t as uncommon as one would hope. In fact, the Morning eHealth section of Politico magazine reported that according to Centers for Medicare & Medicaid Services (CMS) data, 209,000 doctors and providers were penalized for failure to meet MU standards in 2014, which is approximately two in five physicians practicing in the U.S. Failing a Meaningful Use audit often comes down to the same weak link—either the lack of, or the insufficiency of, a practice’s Risk Analysis. And further reports on 2016 HIPAA audits by HHS.gov have found that organizations did not have an adequate Risk Analysis 83% of the time. As the foundation for HIPAA compliance, it’s simple to see that Risk Analysis deficiencies can impact many other components of the compliance network as well.

Risk Analysis: The Center Piece of a Much Bigger Compliance Puzzle

Risk Analysis sets the tone for HIPAA compliance and having a sound plan that details strategies in all three areas are essential. However, many other pieces must fit together to complete the puzzle. Remaining compliant is an ongoing act of vigilance. Policies and procedures must be drafted that define processes to safeguard PHI, and should include Disaster Recovery and Business Continuity Plans—compliance must continue even when the worst scenario occurs. In addition, everyday operating initiatives must be supported, such as password protocols and staff training. In fact, staff should be trained in PHI security within 90 days of hire, with continued education scheduled on an annual basis.

 

Furthermore, organizations should set in place routine procedures to ensure patients sign required HIPAA-related notices and forms, during both new patient onboarding, and on an annual basis going forward. It is also essential to regularly verify that vendors and other providers that interact with a patient’s PHI are not only HIPAA-compliant but have executed Business Associate Agreements to offset any liability in the case of a breach. Lastly, retaining HIPAA documentation in both hard copy and digital means practices have information readily accessible to confirm compliance.

Ensure Compliance: Join ChartLogic’s Webinar “Are You HIPAA-Compliant?”

In today’s modern electronic healthcare world, HIPAA compliance is mandatory, crossing all sectors of the healthcare industry. To avoid costly penalties, data violations, and breaches in doctor-patient trust, small practices, and large organizations alike must keep current with the HIPAA landscape and ensure that weaknesses in their systems are turned to strengths.

Join a free webinar hosted by Abyde & ChartLogic to learn more about Security Risk Analysis and other related HIPAA requirements. In this complimentary educational HIPAA compliance webinar, other topics covered will include:

  •  HIPAA Privacy & Security Rules simplified
  •  MACRA/MIPS & Meaningful Use HIPAA Compliance requirements explained
  •  Statistics from the most recent HIPAA audits
  •  Passing an audit
  •  Software solutions for HIPAA compliance

 

 

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How to Assess Practice Risk to HIPAA and the HITECH Act?

How to Assess Practice Risk to HIPAA and the HITECH Act? | HIPAA Compliance for Medical Practices | Scoop.it

Since President Obama signed the HITECH Act (Health Information Technology for Economic and Clinical Health Act) in February 2009, the relationship between and influence of the Act on HIPAA (Health Information Portability and Accountability) has drawn physician and practice manager attention to effective risk assessment.

 

American Health Lawyers Association Recommendation

This group recommends that practice professionals approach risk assessment regarding HIPAA and HITEC as a component of an Enterprise Risk Management (ERM) program. ERM, used by public and private corporations around the globe, is an ongoing decision-making program. In the healthcare industry, the board of directors or executive administrators typically design, install and use their plan to assess and reduce risk of all areas of patient care, compliance and to maximize the return on investment.

The Association reminds executives and administrators that Section 6401 of the Affordable Care Act requires that medical providers establish a compliance program as a condition of enrollment in the coming affordable healthcare legislation.

 

Risk Assessment Parameters

The core fundamentals of risk assessment programs, common to most businesses, regardless of industry, are familiar to many veteran executives. Components include the following items.

  • Written policy and procedure manuals.
  • Designating a Compliance Officer and/or Compliance Committee.
  • Providing staff with thorough training and education.
  • Disciplinary standards that are clearly defined.
  • A workable monitoring and auditing program.
  • Written response plan to mitigate losses.

Your risk assessment and compliance program should be as specific as you can make it. While it is impossible to address every possible eventuality, noting every potential risk you can identify in your policy and procedure manuals helps your staff manage their daily responsibilities more efficiently—with less risk.

Have the Compliance Officer or Committee monitor staff to be sure they follow the procedures your program mandates. Spend the time to write a plan to respond to increased risks your Compliance Officer discovers. This encourages fast action by your Compliance Officer or Committee to lower losses and quickly solve perceived risk issues.

The CMS (Centers for Medicare & Medicaid Services) Manual outlines the risk assessment compliance program guidelines, which emphasize the following issues.

  • Prevention, detection and correction of non-compliance conditions.
  • Identifying and reducing fraud, abuse and waste.

 

Evaluating Risk Involving HIPAA and the HITECH Act

Compliance program guidelines specify three assessments providers should conduct. These actions also fit ERM parameters and guidelines, along with being specified by the Code of Federal Regulations (C.F.R.).

  • Security Evaluation. This is required under the Security Rule section and applies to providers, business associates or partners and subcontractors alike. All must “perform periodic technical and nontechnical evaluations . . .” when responding to environmental or operational changes affecting the security of electronic health information protected by law.
  • Risk Assessment of Specific Items. This is required under Security Rule stated at 45 C.F.R. (Code of Federal Regulations), section 164.308(a)(a)(ii)(A). Highly technical, this requirement should be performed per NIST SP800-30, Revision 1 Guide for Conducting Risk Assessments.
  • Risk of Harm Assessment. A requirement of the Breach Notification Rules, the practice must address “the implications and notification requirements” that are part of its ERM program.

The bottom line is that physicians must complete these three assessments and design an overall ERM plan that addresses as many risk issues as they can identify for their specific practices. It is vital that all medical providers create an organizational risk assessment program that encourages long-term compliance with HIPAA, the HITECH Act and all other regulations that apply.

Designing an ERM plan, as described, makes assessing potential practice risk of and avoiding HIPAA, HITECH Act and other regulation violations become normal operating procedure instead of compliance or loss practice crises.

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