HIPAA & The Medical Practice: Requirements for Privacy, Security and Breach NotificationFollow @infosec_events
InfoSec Conference Summary
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Any provider that transmits any information in electronic form (doctors, clinics, hospitals, surgical centers, psychologists, dentists, chiropractors, nursing homes, assisted living, pharmacies, etc.) is a covered entity under HIPAA and, therefore, must comply with HIPAA laws and regulations.
The Health Insurance Portability and Accountability Act of 1996 was passed by Congress in order to require the Department of Health and Human Services (HHS) to develop national rules for the protection of electronic healthcare information.
The rules mandated that states adopt these federal protections. The HI-TECH act, a part of HIPAA, also known as the Health Information Technology for Economic and Clinical Health Act of 2009 was adopted as part of the American Recovery and Reinvestment Act.
It was intended to promote the adoption of and meaningful use of electronic medical records and it addresses and strengthens penalties for violation of HIPAA protections of electronic health information.
The three main HIPAA rules that make up the newly revised OMNIBUS Rue of 2013 include: Privacy Rule: Establishes the set of national standards for the protection of health information.
Security Rule: Establishes the set of national standards for the protection of health information that is electronically stored and/or transmitted.
Breach Notification Rule: Establishes the set of national notification requirements if a Covered Entity discovers a breach of unsecured protected health information.
Attendees will be provided with an overview of the basic requirements under HIPAA, including:
- Notice of Privacy Practices
- Uses and Disclosures of Protected Health Information
- Privacy Officer Designation
- Patient Access to Protected Health Information
- Administrative, Technical and Physical Safeguards
- Business Associate Requirements
Each of these important requirements will be discussed and the proper process for implementation reviewed. Attendees will learn the importance of appointing a practice Privacy Officer. All practices should have one individual who is the designated Privacy Officer. It is this individual’s responsibility to make sure that the practice meets all requirements of HIPAA.
The Privacy Officer should:
-Perform regular internal Compliance Risk Assessment reviews
-Conduct regular staff training on the requirements and implementation of HIPAA
How to conduct a Risk Assessment as well as how to determine if an incident is unreportable, or a reportable breach, will also be discussed.
The federal Office for Civil Rights (“OCR”) has the duty and responsibility to investigate complaints or reports of potential HIPAA violations and to continuously monitor entities required to comply with HIPAA (“Covered Entities”) for compliance.
OCR began a preliminary pilot program for random compliance audits of Covered Entities in 2015. All practices are now on notice that they can be inspected at any time, for any reason.Complaints to OCR are no longer the only method by which a practice’s HIPAA compliance can be called into question.
Any practice manager, owner, subcontractor or employee should be fully versed in HIPAA!