HIPAA PRIVACY AND SECURITY RULES APPLY TO YOU! ARE YOU COMPLYING? RHODE ISLAND INTERLOCAL TRUST LINN F. FREEDMAN, ESQ. JANUARY 29, 2015.
|
|
- Bernadette Shelton
- 6 years ago
- Views:
Transcription
1 HIPAA PRIVACY AND SECURITY RULES APPLY TO YOU! ARE YOU COMPLYING? RHODE ISLAND INTERLOCAL TRUST LINN F. FREEDMAN, ESQ. JANUARY 29, 2015.
2 PURPOSE OF PRESENTATION To Discuss Laws Governing Use and Disclosure of Medical and Personal Information HIPAA/HITECH Act Privacy and Security Rules Breach Notification Rules 42 CFR Part 2 Substance Abuse Rhode Island Health Information Privacy Laws Identity Theft Protection Act Confidentiality of Health Care Communications Act STDs Mental Health Law HIV/Aids Genetic information Enforcement Best Practices
3 REAL STORIES: Laptop of auditor stolen from apartment 358 names, addresses, dates of birth and SSNs Breach of 1.7 million records Farrah Fawcett s diagnosis of cancer published by National Enquirer Long-time employee accessing health records of Board Member of hospital Hacking incident of website Misaddressed health benefits excel spreadsheet
4 IDENTIFYING HIGH-RISK DATA Personally Identifiable Information Includes SS #, state-issued ID #, mother s maiden name, driver s license #, passport #, credit history, criminal history Name & Contact Information Includes initials, address, telephone number, address, mobile number, date of birth Personal Characteristics Includes age, gender, marital status, nationality, sexual orientation, race, ethnicity, religious beliefs 4
5 IDENTIFYING HIGH-RISK DATA (CONT D) Financial Institution Data Includes credit, ATM, debit card #s, bank accounts, payment card information, PINs, magnetic stripe data, security codes, access codes, passwords Health & Insurance Account Information Includes health status and history, disease status, medical treatment, diagnoses, prescriptions, insurance account #, Medicare and Medicaid information HIPAA compliance 5
6 IDENTIFYING HIGH-RISK DATA (CONT D) Website Traffic Notice of Privacy Practices Terms and Conditions of Use Employment Information Includes income, salary, service fees, compensation information, background check information IP Information 6
7 LEGAL FRAMEWORK FOR HIPAA Purpose of the Health Insurance Portability and Accountability Act of 1996: Confidentiality of personal and health information Protection against identity theft and medical theft HIPAA Privacy and Security Rules (45 C.F.R. Parts 160, 162 and 164) The Omnibus Rule revised HIPAA rules and enacted new provisions regarding privacy and security particularly related to business associates and enforcement Compliance date: September 23, 2013
8 COVERED ENTITIES Covered Entities are the types of entities that are directly subject to HIPAA regulation of privacy and security: Health Plans Health Care Providers (EMTs) Health Care Clearinghouses
9 BUSINESS ASSOCIATES A business associate is any service provider that receives PHI: Claims processing, data analysis, quality assurance, billing, practice management Legal, actuarial, accounting, consulting, data aggregation, management, administrative, accreditation, or financial services to or for such covered entity
10 PRIVACY RULE AND SECURITY RULE The Privacy Rule: Grants patient rights Sets limitations on use and disclosure Establishes administrative due process and procedural requirements What does the Privacy Rule require? The disclosure and use of PHI (paper or electronic) only as permitted by the Rule Implementation of administrative systems by covered entities Mandatory contractual provisions with business associates Notice of Privacy Practices for covered entities
11 PRIVACY RULE AND SECURITY RULE (CONT D) The Security Rule: e-phi Establishes a national set of security standards for protecting e-phi Requires administrative, technical, and physical safeguards for protecting e- PHI Required vs. Addressable Requires risk analysis
12 PRIVACY RULE DEFINITION OF PROTECTED HEALTH INFORMATION Individually identifiable health information means information: Collected from an individual; Created or received by a covered entity; That relates to the past, present or future physical or mental health or condition of an individual; provision of health care to an individual; or the past present or future payment for the provision of health care; and That identifies the individual or can be used to identify the individual.
13 USES AND DISCLOSURES OF PHI BY CES AND BAS General Principle: May not use or disclose protected health information, except As the Privacy Rule permits or requires, including Treatment, Payment or Health Care Operations (TPO); or Pursuant to a written authorization of the individual (or the individual s personal representative) obtained by a covered entity Required Disclosures: To individuals (or their personal representatives) specifically when they submit a request to a covered entity for access to, or an accounting of disclosures of, their protected health information; and To HHS when it is undertaking a compliance investigation or review or enforcement action
14 WHEN MUST A COVERED ENTITY OBTAIN AN AUTHORIZATION? Authorization is required to disclose or use PHI for purposes other than TPO and not otherwise authorized under the Rule, such as Sales Marketing Third parties (life insurance companies, employers, etc.)
15 REQUIREMENTS FOR AN AUTHORIZATION The covered entity s authorization form must have specific terms in it to comply with HIPAA.
16 MINIMUM NECESSARY RULE FOR CES AND BAS PHI accessed, used or disclosed must be the minimum needed for the required purpose The whole record is not the minimum necessary unless the entire record is required to perform the function Limit who has access to record
17 BUSINESS ASSOCIATES The Privacy Rule creates standards for contracting with entities, known as Business Associates, that receive PHI in the course of providing services to covered entities A business associate is any service provider that receives PHI from another entity Covered entity s subcontractors, if they have access to health information, are business associates of covered entity Business associates must ensure that it has written contracts with all of its vendors and subcontractors who have access to a covered entity s PHI
18 EXPANSION OF SECURITY AND PRIVACY PROVISIONS AND PENALTIES TO HIPAA BUSINESS ASSOCIATES The Omnibus Rule applies some of the administrative, physical, and technical safeguards of the HIPAA security regulations directly to business associates (any entity supporting health care industry) The Omnibus Rule imposes additional obligations upon business associates regarding policies, procedures and documentation Business Associates subject to audit and penalties
19 SECURITY RULE HIPAA Security Rules: 45 C.F.R. Parts 160, 162 and 164 Covered Entity and Business Associate are required to implement administrative, physical and technical safeguards to protect PHI. Protect against threats or hazards to security Protect against wrongful uses or disclosure
20 HIPAA OMNIBUS RULE BREACH NOTIFICATION HHS Office for Civil Rights (OCR) issued HIPAA Omnibus Rule requiring covered entities to notify individuals of a breach of unsecured protected health information, and for business associates to notify covered entity of a breach.
21 DEFINITION OF BREACH The acquisition, access, use or disclosure of PHI in a manner not permitted by HIPAA which compromises the security or privacy of the protected health information.
22 UNSECURED PHI IS PHI that is not secured through the use of a technology or methodology specified by the Secretary in guidance. Technology or methodology must render PHI unusable, unreadable or indecipherable. encryption or an encryption algorithm destruction Access controls, fire walls and redaction insufficient
23 THREE EXCEPTIONS TO THE DEFINITION OF BREACH: 1. The unintentional acquisition, access, or use of PHI by an employee or individual acting under the authority of a covered entity or business associate if it was made in good faith, within the course and scope of employment or professional relationship, and does not result in further use or disclosure in a manner not permitted by HIPAA. 2. Inadvertent disclosure of PHI between similarly authorized personnel or within the same facility and the information is not further used or disclosed in a manner not permitted by HIPAA. 3. A disclosure in which the covered entity or business associate has a good faith belief that an unauthorized person to whom PHI has been disclosed would not reasonably have been able to retain the information.
24 NOTIFICATION If breach is of Unsecured PHI does not fall with one of the three exceptions, and based on a risk assessment there is a probability that the PHI was compromised, then Covered Entity notify individuals of the breach without unreasonable delay and in no event within 60 days of discovery of the breach. Business associates must: Follow the terms of the Business Associate Agreement with the covered entity whose data was breached in accordance with notification requirements
25 COVERED ENTITY S NOTIFICATION TO MEDIA AND HHS If breach involves more than 500 individuals residing in the same state, notice must be made to prominent media outlets and Secretary of HHS. Document notification made to each individual, press/media.
26 COVERED ENTITY S NOTIFICATION TO MEDIA AND HHS (CONT D) Report all breaches of less than 500 individuals to HHS by February 28 of each year (via website). Logs must be maintained for six (6) years
27 HIPAA ENFORCEMENT AUDITS Secretary of HHS required under HITECH to conduct periodic audits of covered entities and business associates for compliance and enforcement purposes Secretary of HHS is required to report the number of audits and a summary of audit findings to Congress starting in 2010 Reports are available on HHS website Increased enforcement activities by OCR All civil monetary penalties go back to OCR for enforcement proceedings
28 PENALTIES FOR VIOLATION Penalties are tiered, depending on conduct Unknown $100 per violation up to $25,000 for all identical violations in a calendar year Reasonable cause that is not willful neglect $1,000 for each violation up to $100,000 for all identical violations in a calendar year
29 PENALTIES FOR VIOLATION (CONT D) Willful neglect If violation corrected within 30 days of knowledge: $10,000 for each identical violation, up to $250,000 for all identical violations in a calendar year If violation not corrected: $50,000 for each violation, up to $1.5 million for all identical or non-identical violations in a calendar year
30 ENFORCEMENT BY STATE ATTORNEYS GENERAL State AGs may commence civil actions in federal district court for violations of HIPAA Damages: $100 per violation with a cap of $25,000 Costs and attorneys fees may be awarded to State OCR has trained State AGs on HIPAA enforcement No private right of action to enforce HIPAA
31 CRIMINAL ENFORCEMENT PROVISIONS HIPAA also carries criminal penalties for persons who knowingly obtain or disclose PHI in violation of the Privacy Rule, or who improperly use unique health identifiers, under 42 U.S.C. 1320d 6(a): Fine Prison Knowingly $50,000 One year False Pretenses $100,000 Five years For Profit, Gain, or Harm $250, years
32 42 USC 290(DD)-2 SUBSTANCE ABUSE Confidentiality of substance abuse records Records of the identity, diagnosis, prognosis, or treatment of any patient which are maintained in connection with the performance of any program or activity relating to substance abuse education, prevention, training, treatment, rehabilitation or research Content of any substance abuse treatment record may only be disclosed with prior written consent of the patient In a treatment emergency Court Order Do not transmit any substance abuse treatment records without patient consent or Court Order
33 RHODE ISLAND STATE INFORMATION PRIVACY LAWS Identity Theft Prevention Act (R.I.G.L ) Confidentiality of Health Care Communications Act (R.I.G.L ) Mental Health Law (R.I.G.L ) HIV/Aids (R.I.G.L ) Sexually transmitted diseases (R.I.G.L ) Genetic Information (R.I.G.L , , )
34 ENFORCEMENT/FINES AND PENALTIES 2008 Providence Health and Services $100, CVS Pharmacy, Inc. $2.25M 2010 Rite Aid $1M Management Services Organization Resolution Agreement/No $ 2011 Cignet $4.3M Massachusetts General Hospital $1M UCLA $865,500
35 ENFORCEMENT/FINES AND PENALTIES 2012 Blue Cross Blue Shield of Tennessee $1.5M Phoenix Cardiac Surgery $100,000 Alaska Department of Social Services $1.7M Massachusetts Eye & Ear $1.5M Hospice of North Idaho $50, Idaho State University $400,000
36 ENFORCEMENT/FINES AND PENALTIES 2014 Skagit County $215,000 Concentra Health $1,725,220 QCA Health Plan, Inc. $250,000 New York Presbyterian Hospital $3.3M Columbia University $1.5M Parkview Health $800,000 Anchorage Community Mental Health Services $150,00-
37 RISKS OF THE USE OF FOR COMMUNICATIONS Risks Misaddress an (or hit replay all ) sending confidential information to the wrong recipient Security in sending or receiving s Hackers obtaining username and password
38 BEST PRACTICES WHEN USING Encryption Virtual Private Network/RSA Verify Selected Recipients Use Standard Confidentiality Disclaimers in Outlook Sensitive communications should be given special protections against disclosure to 3 rd parties It is the responsibility of the employee directing the communication to determine if the communication is sensitive
39 BEST PRACTICES TO PROTECT HIGH RISK DATA Protect High risk data Paper records Any documents with SSN and medical insurance number W-2s Benefits records Workers compensation Health records Salary and personnel information Applications/recruiting Locked filing cabinets Locked facility Only accessed by authorized personnel with a need to know Do not send via regular mail Implement a Shred Policy and shred everything Destroy any paper records that don t need to be kept/stored Witness information Suspect information
40 BEST PRACTICES TO PROTECT HIGH RISK DATA (CONT D) Electronic records Use encryption for sensitive data Mobile Technology Encryption Prohibition of downloading sensitive data on hard drive Loaners/erasure of laptops
41 BEST PRACTICES TO PROTECT HIGH RISK DATA (CONT D) Verbal information Minimum necessary Only speak to those with need to know
42 BEST PRACTICES FOR PAPER RECORDS (CONT D) Lock filing cabinets if available Lock facilities Only permit access by authorized individuals with a need to know Do not send full SSN via regular mail Shred Destroy paper records that do not need to be stored
43 THANK YOU! QUESTIONS? Linn Foster Freedman, Esq. Nixon Peabody LLP One Citizens Plaza Suite 500 Providence, RI Phone:
The Impact of Final Omnibus HIPAA/HITECH Rules. Presented by Eileen Coyne Clark Niki McCoy September 19, 2013
The Impact of Final Omnibus HIPAA/HITECH Rules Presented by Eileen Coyne Clark Niki McCoy September 19, 2013 0 Disclaimer The material in this presentation is not meant to be construed as legal advice
More informationAFTER THE OMNIBUS RULE
AFTER THE OMNIBUS RULE 1 Agenda Omnibus Rule Business Associates (BAs) Agreement Breach Notification Change Breach Reporting Requirements (Federal and State) Notification to Care1st Health Plan Member
More informationH E A L T H C A R E L A W U P D A T E
L O U I S V I L L E. K Y S E P T E M B E R 2 0 0 9 H E A L T H C A R E L A W U P D A T E L E X I N G T O N. K Y B O W L I N G G R E E N. K Y N E W A L B A N Y. I N N A S H V I L L E. T N M E M P H I S.
More informationHIPAA Omnibus Rule. Critical Changes for Providers Presented by Susan A. Miller, JD. Hosted by
HIPAA Omnibus Rule Critical Changes for Providers Presented by Susan A. Miller, JD Hosted by agenda What the Omnibus Rule includes + Effective and Compliance Dates Security Breach Notification Enforcement
More informationDetermining Whether You Are a Business Associate
The HIPAApotamus in the Room: When Lawyers and Law Firms are Subject to HIPAA Enforcement, And How to Comply with the Law by Leslie R. Isaacman, J.D., M.B.A. The Omnibus Final Rule 1 of the Health Information
More informationHIPAA Training. HOPE Health Facility Administrators June 2013 Isaac Willett and Jason Schnabel
HIPAA Training HOPE Health Facility Administrators June 2013 Isaac Willett and Jason Schnabel Agenda HIPAA basics HITECH highlights Questions and discussion HIPAA Basics Legal Basics Health Insurance Portability
More informationHITECH and HIPAA: Highlights for Health Departments. Aimee Wall UNC School of Government
HITECH and HIPAA: Highlights for Health Departments Aimee Wall UNC School of Government When Congress enacted sweeping legislation in February designed to stimulate the nation s economy, it incorporated
More informationFifth National HIPAA Summit West
Fifth National HIPAA Summit West Privacy and Security under the HITECH Act W. Reece Hirsch Paul T. Smith, Partner, Partner, Hooper, Lundy & Bookman 1 Developments The Health Information Technology for
More informationThe Guild for Exceptional Children HIPAA Breach Notification Policy and Procedure
The Guild for Exceptional Children HIPAA Breach Notification Policy and Procedure Purpose To provide for notification in the case of breaches of Unsecured Protected Health Information ( Unsecured PHI )
More information2011 Miller Johnson. All rights reserved. 1. HIPAA Compliance: Privacy and Security Changes under HITECH HITECH. What is HITECH? Mary V.
HIPAA Compliance: Privacy and Security Changes under HITECH Mary V. Bauman www.millerjohnson.com The materials and information have been prepared for informational purposes only. This is not legal advice,
More information8/14/2013. HIPAA Privacy & Security 2013 Omnibus Final Rule update. Highlights from Final Rules January 25, 2013
HIPAA Privacy & Security 2013 Omnibus Final Rule update Dan Taylor, Infinisource Copyright 2013 All rights reserved. Highlights from Final Rules January 25, 2013 Made business associates directly liable
More informationPreparing for a HIPAA Audit & Hot Topics in Health Care Reform
Preparing for a HIPAA Audit & Hot Topics in Health Care Reform 2013 San Francisco Mid-Sized Retirement & Healthcare Plan Management Conference March 17-20, 2013 Elizabeth Loh, Esq. Copyright Trucker Huss,
More information2016 Business Associate Workforce Member HIPAA Training Handbook
2016 Business Associate Workforce Member HIPAA Training Handbook Using the Training Handbook The material in this handbook is designed to deliver required initial, and/or annual HIPAA training for all
More informationHIPAA Privacy & Security. Transportation Providers 2017
HIPAA Privacy & Security Transportation Providers 2017 HIPAA Privacy & Security As a non emergency medical transportation provider, you deal directly with Medicare and Medicaid Members healthcare information
More informationChanges to HIPAA Privacy and Security Rules
Changes to HIPAA Privacy and Security Rules STEPHEN P. POSTALAKIS BLAUGRUND, HERBERT AND MARTIN 300 WEST WILSON BRIDGE ROAD, SUITE 100 WORTHINGTON, OHIO 43085 SPP@BHMLAW.COM PERSONNEL COUNCIL FRANKLIN
More informationHIPAA PRIVACY REQUIREMENTS. Dana L. Thrasher Robert S. Ellerbrock, III Constangy, Brooks & Smith, LLP
HIPAA PRIVACY REQUIREMENTS Dana L. Thrasher Robert S. Ellerbrock, III Constangy, Brooks & Smith, LLP dthrasher@constangy.com (205) 226-5464 1 Reasons for HIPAA Privacy Rules Perceived need for protection
More informationSafeguarding Your HIPAA and Personal Health Information Data. Robert Hess, Office of General Counsel Steve Cosentino, Stinson Morrison Hecker
Safeguarding Your HIPAA and Personal Health Information Data Robert Hess, Office of General Counsel Steve Cosentino, Stinson Morrison Hecker 1 Overview» Patient information confidentiality Grant requirements
More information503 SURVIVING A HIPAA BREACH INVESTIGATION
503 SURVIVING A HIPAA BREACH INVESTIGATION Presented by Nicole Hughes Waid, Esq. Mark J. Swearingen, Esq. Celeste H. Davis, Esq. Regional Manager 1 Surviving a HIPAA Breach Investigation: Enforcement Presented
More informationHIPAA PRIVACY REQUIREMENTS. Dana L. Thrasher Constangy, Brooks & Smith, LLP (205)
HIPAA PRIVACY REQUIREMENTS Dana L. Thrasher Constangy, Brooks & Smith, LLP dthrasher@constangy.com (205) 226-5464 1 REASONS FOR HIPAA PRIVACY RULES Perceived need for protection of individual health information
More informationOMNIBUS RULE ARRIVES
AFTER THE OMNIBUS RULE 1 Agenda Omnibus Rule is here Business Associates (BAs) Agreement Breach Notification Change Breach Reporting Requirements (Federal and State) Notification to Care1st Health Plan
More informationInterim Date: July 21, 2015 Revised: July 1, 2015
HIPAA/HITECH Page 1 of 7 Effective Date: September 23, 2009 Interim Date: July 21, 2015 Revised: July 1, 2015 Approved by: James E. K. Hildreth, Ph.D., M.D. President and Chief Executive Officer Subject:
More informationHIPAA Privacy Overview
HIPAA Privacy Overview Benefit Advisors Network Stacy H. Barrow sbarrow@marbarlaw.com February 8, 2017 2017 Marathas Barrow Weatherhead Lent LLP. All Rights Reserved. 1 Overview of Presentation HIPAA Overview
More informationEffective Date: 4/3/17
HIPAA AND HITECH ADM 067.4 Attachment D Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule and Security Rule Health Information Technology for Economic and Clinical Health (HITECH)
More informationTrue or False? HIPAA Update: Avoiding Penalties. Preliminaries. Kim C. Stanger IHCA (7/15)
Protected Health Info HIPAA Update: Avoiding Penalties IHCA (7/15) Preliminaries This presentation is similar to any other legal education materials designed to provide general information on pertinent
More informationHIPAA / HITECH. Ed Massey Affiliated Marketing Group
HIPAA / HITECH Agent Understanding And Compliance Presented By: Ed Massey Affiliated Marketing Group It s The Law On February 17, 2010 the Health Information Technology for Economic and Clinical Health
More informationHIPAA The Health Insurance Portability and Accountability Act of 1996
HIPAA The Health Insurance Portability and Accountability Act of 1996 Results Physiotherapy s policy regarding privacy and security of protected health information (PHI) is a reflection of our commitment
More informationMEMORANDUM. Health Care Information Privacy The HIPAA Regulations What Has Changed and What You Need to Know
1801 California Street Suite 4900 Denver, CO 80202 303-830-1776 Facsimile 303-894-9239 MEMORANDUM To: Adam Finkel, Assistant Director, Government Relations, NCRA From: Mel Gates Date: December 23, 2013
More informationHIPAA Breach Notification Case Studies on What to Do and When to Report
HIPAA Breach Notification Case Studies on What to Do and When to Report AHLA Physicians and Physician Organizations and Hospitals and Health Systems Law Institute February 9 and10, 2012 Colleen M. McClorey,
More informationHIPAA: Final Omnibus Rule is Here Arizona Society for Healthcare Risk Managers November 15, 2013
HIPAA: Final Omnibus Rule is Here Arizona Society for Healthcare Risk Managers November 15, 2013 Pat Henrikson, Banner Health HIPAA Compliance Program Director, Chief Privacy Officer Agenda Background
More informationARRA s Amendments to HIPAA Privacy & Security Rules
ARRA s Amendments to HIPAA Privacy & Security Rules Georgina L. O Hara Jessica R. Bernanke April 29, 2009 www.morganlewis.com Amended HIPAA Privacy and Security Rules HIPAA Amendments are in The Health
More informationHIPAA, Privacy, and Security Oh My!
2014 CliftonLarsonAllen LLP HIPAA, Privacy, and Security Oh My! Chad D. Kunze CPA Health Care Principal Phoenix, AZ CLAconnect.com Learning Objectives At the end of this learning session, you will be able
More informationBe Careful What You Wish For: The Final Rule Is Out
Be Careful What You Wish For: The Final Rule Is Out Theodore J. Kobus III tkobus@bakerlaw.com @tedkobus 212.271.1504 Lynn Sessions lsessions@bakerlaw.com @lynnsessions 713.646.1352 Toll Free 24-Hour Data
More informationPalmetto Paralegal Association
Palmetto Paralegal Association What Every Paralegal Needs to Know About HIPAA March 19, 2014 Jeanne M. Born, RN, JD NEXSEN PRUET, LLC What Every Paralegal Needs to Know About HIPAA In August of 1996 Congress
More informationContaining the Outbreak: HIPAA Implications of a Data Breach. Jason S. Rimes. Orlando, Florida
Containing the Outbreak: HIPAA Implications of a Data Breach Orlando, Florida www.lowndes-law.com Jason S. Rimes 2013 Lowndes, Drosdick, Doster, Kantor & Reed, P.A. All Rights Reserved Protected Health
More informationUNDERSTANDING HIPAA & THE HITECH ACT. Heather Deixler, Esq. Associate, Morgan, Lewis & Bockius LLP
UNDERSTANDING HIPAA & THE HITECH ACT Heather Deixler, Esq. Associate, Morgan, Lewis & Bockius LLP 1 Objectives of Presentation Learn what HIPAA is Learn the purpose of HIPAA Understand who HIPAA regulates
More informationThe HIPAA Omnibus Rule and the Enhanced Civil Fine and Criminal Penalty Regime
HIPAA BUSINESS ASSOCIATE AGREEMENT BEST PRACTICES: UPDATE 2015 February 20, 2015 I. Executive Summary HIPAA is a federal law passed by Congress to protect medical patient data privacy from misuse or disclosure
More informationHIPAA & HITECH Privacy & Security. Volunteer Annual Review 2017
HIPAA & HITECH Privacy & Security Volunteer Annual Review 2017 HIPAA In 1996, state and federal governments enacted protection for patient health information by signing into law the Health Insurance Portability
More information"HIPAA FOR LAW FIRMS" WHAT EVERY LAW FIRM NEEDS TO KNOW ABOUT HIPAA
"HIPAA FOR LAW FIRMS" WHAT EVERY LAW FIRM NEEDS TO KNOW ABOUT HIPAA Jeanne M. Born, RN, JD SOUTH CAROLINA ASSOCIATION OF LEGAL ADMINISTRATORS THURSDAY, APRIL 14, 2016 Jborn@nexsenpruet.com What Every Law
More informationLEGAL ISSUES IN HEALTH IT SECURITY
LEGAL ISSUES IN HEALTH IT SECURITY Webinar Hosted by Uluro, a Product of Transformations, Inc. March 28, 2013 Presented by: Kathie McDonald-McClure, Esq. Wyatt, Tarrant & Combs, LLP 500 West Jefferson
More informationPresented by Marti Arvin Chief Compliance Officer UCLA Health Sciences
Presented by Marti Arvin Chief Compliance Officer UCLA Health Sciences 1 Brief discussion of where we have been and where we are going Discussion of Federal Enforcement Actions Privacy and Security issue
More informationHIPAA Basic Training for Health & Welfare Plan Administrators
2010 Human Resources Seminar HIPAA Basic Training for Health & Welfare Plan Administrators Norbert F. Kugele What We re going to Cover Important basic concepts Who needs to worry about HIPAA? Complying
More informationAn Overview of the Impact of the American Recovery and Reinvestment Act of 2009 on the HIPAA Medical Privacy and Security Rules
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. An Overview of the Impact of the American Recovery and Reinvestment Act of 2009 on the HIPAA Medical Privacy and Security Rules Alden J. Bianchi Updated
More informationHIPAA Overview Health Insurance Portability and Accountability Act. Premier Senior Marketing, Inc
HIPAA Overview Health Insurance Portability and Accountability Act Premier Senior Marketing, Inc HIPAA Defined Acronym that stands for the Health Insurance Portability and Accountability Act, a US law
More informationBusiness Associate Agreement
This Business Associate Agreement Is Related To and a Part of the Following Underlying Agreement: Effective Date of Underlying Agreement: Vendor: Business Associate Agreement This Business Associate Agreement
More informationHIPAA Data Breach ITPC
HIPAA Data Breach Objectives Overview of Omnibus Rule - Data Breach Suspected Breach - Investigation Audit Risk Assessment Corrective Action Plan Written Notification Elements NYS Rules on Data Breach
More informationNOTIFICATION OF PRIVACY AND SECURITY BREACHES
NOTIFICATION OF PRIVACY AND SECURITY BREACHES Overview The UT Health Science Center at San Antonio (Health Science Center) is required to report all breaches of protected health information and personally
More informationHIPAA BUSINESS ASSOCIATE AGREEMENT BEST PRACTICES: A COMPLIANCE SOLUTION FOR THE TICKING CLOCK AND THE DRACONIAN CIVIL AND CRIMINAL PENALTIES
HIPAA BUSINESS ASSOCIATE AGREEMENT BEST PRACTICES: A COMPLIANCE SOLUTION FOR THE TICKING CLOCK AND THE DRACONIAN CIVIL AND CRIMINAL PENALTIES January 23, 2014 I. Executive Summary I: The HIPAA Final Rule
More informationHIPAA Enforcement Under the HITECH Act; The Gloves Come Off
HIPAA Enforcement Under the HITECH Act; The Gloves Come Off Leeann Habte, Esq. Michael Scarano, Esq. December 6, 2011 Attorney Advertising Prior results do not guarantee a similar outcome Models used are
More informationHIPAA, 42 CFR PART 2, AND MEDICAID COMPLIANCE STANDARDS POLICIES AND PROCEDURES
SALISH BHO HIPAA, 42 CFR PART 2, AND MEDICAID COMPLIANCE STANDARDS POLICIES AND PROCEDURES Policy Name: BREACH NOTIFICATION REQUIREMENTS Policy Number: 5.16 Reference: 45 CFR Parts 164 Effective Date:
More informationHITECH and Stimulus Payment Update
HITECH and Stimulus Payment Update David S. Szabo Agenda HIPAA Breach Notification Rules HITECH and Meaningful Use Open Question Period 2 Data Security Breaches A total of 245,216,093 records containing
More informationHIPAA Update. Jamie Sorley U.S. Department of Health and Human Services Office for Civil Rights
HIPAA Update Jamie Sorley U.S. Department of Health and Human Services Office for Civil Rights New Mexico Health Information Management Association Conference April 11, 2014 Albuquerque, NM Recent Enforcement
More informationBREACH NOTIFICATION POLICY
PRIVACY 2.0 BREACH NOTIFICATION POLICY Scope: All subsidiaries of Universal Health Services, Inc., including facilities and UHS of Delaware Inc. (collectively, UHS ), including UHS covered entities ( Facilities
More informationHIPAA HEALTH INSURANCE PORTABILITY & ACCOUNTABILITY ACT
HIPAA HEALTH INSURANCE PORTABILITY & ACCOUNTABILITY ACT HIPAA OMNIBUS FINAL RULE HITECH GINA TERMINOLOGY OMNIBUS FINAL RULE Issued January 23, 2013 Effective March 26, 2013 Modified HIPAA privacy and security
More informationAGREEMENT PURSUANT TO THE TERMS OF HIPAA ; HITECH ; and FIPA (Business Associate Agreement) (Revised August 2015)
AGREEMENT PURSUANT TO THE TERMS OF HIPAA ; HITECH ; and FIPA (Business Associate Agreement) (Revised August 2015) THIS AGREEMENT made the day of, 20, by and between HOSPICE OF MARION COUNTY, INC., a Florida
More informationHIPAA COMPLIANCE ROADMAP AND CHECKLIST FOR BUSINESS ASSOCIATES
HIPAA COMPLIANCE ROADMAP AND CHECKLIST FOR BUSINESS ASSOCIATES The Health Information Technology for Economic and Clinical Health Act (HITECH Act), enacted as part of the American Recovery and Reinvestment
More informationManagement Alert Final HIPAA Regulations Issued
Management Alert Final HIPAA Regulations Issued After much anticipation, the Department of Health and Human Services (HHS) has issued its omnibus set of final regulations modifying and clarifying the privacy,
More informationPrivacy Sleuths: Solving the Mystery of Wellness Program Privacy Compliance. Agenda. Health Data Exposure National Wellness Conference
Privacy Sleuths: Solving the Mystery of Wellness Program Privacy Compliance 2015 National Wellness Conference Barbara J. Zabawa, JD, MPH Center for Health Law Equity, LLC Agenda Health Data Exposure ADA,
More informationIACT Medical Trust. June 28, Jim Hamilton (317) HIPAA Privacy Training Bose McKinney & Evans LLP
IACT Medical Trust HIPAA Privacy Training June 28, 2012 Jim Hamilton (317) 684-5419 jhamilton@boselaw.com 2009 Bose McKinney & Evans LLP HIPAA Overview 2009 Bose McKinney & Evans LLP The Privacy Rule HIPAA
More informationNew HIPAA Breach Rules NAHU presents the WHAT and WHYs. Agenda
New HIPAA Breach Rules NAHU presents the WHAT and WHYs Presenters: David Smith JD, Vice President, Ebenconcepts Tom Jacobs JD, co-ceo eflexgroup Moderator: Ric Joyner CEBS CFCI, co-ceo, eflexgroup 1 Agenda
More informationARE YOU HIP WITH HIPAA?
ARE YOU HIP WITH HIPAA? Scott C. Thompson 214.651.5075 scott.thompson@haynesboone.com February 11, 2016 HIPAA SECURITY WHY SHOULD I CARE? Health plan fined $1.2 million for HIPAA breach. Health plan fined
More informationTexas Health and Safety Code, Chapter 181 Medical Records Privacy Law, HB 300
Texas Health and Safety Code, Chapter 181 Medical Records Privacy Law, HB 300 Training Module provided as a component of the Stericycle HIPAA Compliance Program Goals for Training Understand how Texas
More informationHayden W. Shurgar HIPAA: Privacy, Security, Enforcement, HITECH, and HIPAA Omnibus Final Rule
Hayden W. Shurgar HIPAA: Privacy, Security, Enforcement, HITECH, and HIPAA Omnibus Final Rule 1 IMPORTANCE OF STAFF TRAINING HIPAA staff training is a key, required element in a covered entity's HIPAA
More informationThe American Recovery Reinvestment Act. and Health Care Reform Puzzle
The American Recovery Reinvestment Act and Health Care Reform Puzzle Carolyn Heyman-Layne Alaska HCCA Conference March 1, 2012 Comparison of Breach Notification Provisions in the HITECH Act 1 and the Alaska
More informationHIPAA AND YOU 2017 G E R A L D E MELTZER, MD MSHA
HIPAA AND YOU 2017 G E R A L D E MELTZER, MD MSHA ALLISON SHUREN, J D, MSN Financial Disclosure Gerald Meltzer is a consultant for imedicware Allison Shuren co-chairs the Life Sciences and Healthcare Regulatory
More informationGUIDE TO PATIENT PRIVACY AND SECURITY RULES
AMERICAN ASSOCIATION OF ORTHODONTISTS GUIDE TO PATIENT PRIVACY AND SECURITY RULES I. INTRODUCTION The American Association of Orthodontists ( AAO ) has prepared this Guide and the attachment to assist
More informationHIPAA Compliance Under the Magnifying Glass
HIPAA Compliance Under the Magnifying Glass July 30, 2013 Stacy Harper, JD, MHSA, CPC A Webinar Provided by Presenter Stacy Harper Lathrop & Gage, LLP sharper@lathropgage.com 913-451-5125 The information
More informationHIPAA Privacy and Security: Surviving Heightened Enforcement Crafting and Implementing Data Security Policies and Responding to Breaches
Presenting a live 90 minute webinar with interactive Q&A HIPAA Privacy and Security: Surviving Heightened Enforcement Crafting and Implementing Data Security Policies and Responding to Breaches THURSDAY,
More informationHIPAA FUNDAMENTALS For Substance abuse Treatment Industry
HIPAA FUNDAMENTALS For Substance abuse Treatment Industry (c)firststepcounselingonline2014 1 At the conclusion of the course/unit/study the student will... ANALYZE THE EFFECTS OF TRANSFERING INFORMATION
More informationUNITED WORKERS HEALTH FUND 50 CHARLES LINDBERGH BLVD. SUITE 207 UNIONDALE, NY 11553
UNITED WORKERS HEALTH FUND 50 CHARLES LINDBERGH BLVD. SUITE 207 UNIONDALE, NY 11553 Tel: 516-740-5325 tnl@dickinsongrp.com Fax: 516-740-5326 REVISED NOTICE OF PRIVACY PRACTICES THIS NOTICE DESCRIBES HOW
More informationHIPAA: Impact on Corporate Compliance
HIPAA: Impact on Corporate Compliance AAPC HEALTHCON April 2014 Stacy Harper, JD, MHSA, CPC Disclaimer The information provided is for educational purposes only and is not intended to be considered legal
More informationHIPAA, HITECH & Meaningful Use
HIPAA, HITECH & Meaningful Use October 21, 2011 presented by Helen Oscislawski, Esq. Overview - What Has Changed? HITECH Act: Increased Penalties for non-compliance, effective 11/30/2009 New federal requirements
More informationHIPAA BUSINESS ASSOCIATE AGREEMENT BUSINESS ASSOCIATES AND SUBCONTRACTORS
HIPAA BUSINESS ASSOCIATE AGREEMENT BUSINESS ASSOCIATES AND SUBCONTRACTORS This HIPAA Business Associate Agreement ( BAA ) is entered into on this day of, 20 ( Effective Date ), by and between Allscripts
More informationHIPAA Privacy and Security Rules
HIPAA Privacy and Security Rules HIPAA Compliance Bootcamp (5/16) This presentation is similar to any other legal education materials designed to provide general information on pertinent legal topics.
More informationOVERVIEW OF RECENT CHANGES IN HIPAA AND OHIO PRIVACY LAWS
Franklin J. Hickman Janet L. Lowder David A. Myers Elena A. Lidrbauch Judith C. Saltzman Mary B. McKee Amanda M. Buzo Lisa Montoni Garvin Andrea Aycinena Penton Building 1300 East Ninth Street Suite 1020
More informationRISK TRACK. Privacy and Data Protection
RISK TRACK Privacy and Data Protection Presenters Marti Arvin Chief Compliance Officer UCLA Health Sciences Phone: 310-794-6763 MArvin@mednet.ucla.edu Marti Arvin is the Chief Compliance Officer for UCLA
More informationHIPAA Privacy and Security Rules: Overview and Update HIPAA. Health Insurance Portability and Accountability Act ( HIPAA )
HIPAA Privacy and Security Rules: Overview and Update HIPAA IHCA Convention (7/16) This presentation is similar to any other legal education materials designed to provide general information on pertinent
More informationHIPAA Background and History
Agenda Jeffery P. Drummond Lawyers as HIPAA Business Associates: Ethical Obligations and Practical Tips for Compliance Dallas Bar Association January 17, 2018 Jamie Sorley An Overview of HIPAA The Privacy
More informationHIPAA and Lawyers: Your stakes have just been raised
HIPAA and Lawyers: Your stakes have just been raised October 16, 2013 Presented by: Harry Nelson e: hnelson@fentonnelson.com Claire Marblestone e: cmarblestone@fentonnelson.com AGENDA Statutory & Regulatory
More informationTexas Tech University Health Sciences Center El Paso HIPAA Privacy Policies
Administration Policy 1.1 Glossary of Terms - HIPAA Effective Date: January 15, 2015 References: http://www.hhs.gov/ocr/hipaa TTUHSC El Paso HIPAA website: http://elpaso.ttuhsc.edu/hipaa/ Policy Statement
More informationGetting a Grip on HIPAA
Getting a Grip on HIPAA Privacy and Security of Health Information in the Post-HITECH Age Jean C. Hemphill hemphill@ballardspahr.com 215.864.8539 Edward I. Leeds leeds@ballardspahr.com 215.864.8419 Amy
More informationOCR Phase II Audit Protocol Breach Notification. HIPAA COW Spring Conference 2017 Page 1 Boerner Consulting, LLC
Audit Type Section Key Activity Established Performance Criteria Audit Inquiry 12 Samples Requested Breach 164.414(a) Administrative 164.414(a) 164.414(a) 5 Inquiry of Mgmt Requirements Administrative
More informationSUBCONTRACTOR BUSINESS ASSOCIATE AGREEMENT
SUBCONTRACTOR BUSINESS ASSOCIATE AGREEMENT (Revised on March 1, 2016) THIS HIPAA SUBCONTRACTOR BUSINESS ASSOCIATE AGREEMENT (the BAA ) is entered into on (the Effective Date ), by and between ( EMR ),
More informationHIPAA THE NEW RULES. Highlights of the major changes under the Omnibus Rule
HIPAA THE NEW RULES Highlights of the major changes under the Omnibus Rule AUTHOR Gamelah Palagonia, Founder CIPM, CIPP/IT, CIPP/US, CIPP/G, ARM, RPLU+ PRIVACY PROFESSIONALS LLC gpalagonia@privacyprofessionals.com
More informationHIPAA AND ONLINE BACKUP WHAT YOU NEED TO KNOW ABOUT
WHAT YOU NEED TO KNOW ABOUT HIPAA AND ONLINE BACKUP Learn more about how KeepItSafe can help to reduce costs, save time, and provide compliance for online backup, disaster recovery-as-a-service, mobile
More informationInterpreters Associates Inc. Division of Intérpretes Brasil
Interpreters Associates Inc. Division of Intérpretes Brasil Adherence to HIPAA Agreement Exhibit B INDEPENDENT CONTRACTOR PRIVACY AND SECURITY PROTECTIONS RECITALS The purpose of this Agreement is to enable
More informationNew. To comply with HIPAA notice requirements, all Providence covered entities shall follow, at a minimum, the specifications described below.
Subject: Protected Health Information Breach Notification Policy Department: Enterprise Risk Management Services Executive Sponsor: SVP/Chief Risk Officer Approved by: Rod Hochman, MD President/CEO Policy
More informationHIPAA OMNIBUS FINAL RULE
HIPAA OMNIBUS FINAL RULE Webinar Series Part 3 Breach Notification April 16, 2013 I. BACKGROUND 2 1 Background > HIPAA Omnibus Final Rule: Announced on January 17, 2013 Published in Federal Register on
More informationCentral Florida Regional Transportation Authority Table of Contents A. Introduction...1 B. Plan s General Policies...4
Table of Contents A. Introduction...1 1. Purpose...1 2. No Third Party Rights...1 3. Right to Amend without Notice...1 4. Definitions...1 B. Plan s General Policies...4 1. Plan s General Responsibilities...4
More informationGeorgia Health Information Network, Inc. Georgia ConnectedCare Policies
Georgia Health Information Network, Inc. Georgia ConnectedCare Policies Version History Effective Date: August 28, 2013 Revision Date: August 2014 Originating Work Unit: Health Information Technology Health
More informationHEALTHCARE BREACH TRIAGE
IAPP Privacy Academy September 30 October 2, 2013 HEALTHCARE BREACH TRIAGE Theodore P. Augustinos EDWARDS WILDMAN PALMER LLP Kenneth P. Mortensen CVS/CAREMARK 2013 Edwards Wildman Palmer LLP & Edwards
More informationSummary Comparison of Current Senate Data Security and Breach Notification Bills
Data Security reasonable Standards measures Specific Data Security Requirements Personal Information Definition None (a) First name or (b) first initial and last name, in combination with one of the following
More informationHHS, Office for Civil Rights. IAPP October 11, 2012
HHS, Office for Civil Rights IAPP October 11, 2012 Enforce federal civil rights laws and the HIPAA Privacy and Security Rules HQ and 10 Regional Offices Region IX has jurisdiction over covered entities
More informationHighlights of the Omnibus HIPAA/HITECH Final Rule
Highlights of the Omnibus HIPAA/HITECH Final Rule Health Law Whitepaper Katherine M. Layman 215.665.2746 klayman@cozen.com Gregory M. Fliszar 215.665.7276 gfliszar@cozen.com Judy Wang Mayer 215.665.4737
More information[Name of Organization] HIPAA Incident/Breach Investigation Procedure 4
Addendum II [Name of Organization] HIPAA Incident/Breach Investigation Procedure 4 I. Purpose To distinguish between (1) cases in which our HIPAA policy was not correctly followed but such violation did
More informationIt s as AWESOME as You Think It Is!
It s as AWESOME as You Think It Is! Fine Print This presentation and any materials and/or comments are training and educational in nature only. They do not establish an attorney-client relationship, are
More informationEffective Date: March 23, 2016
AIG COMPANIES Effective Date: March 23, 2016 HIPAA NOTICE OF PRIVACY PRACTICES THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION.
More informationWhat Does The New Omnibus HIPAA/HITECH Final Rule Really Mean For Employers And Their Service Providers?
Visit our Practice Group blog: www.workplaceprivacycounsel.com What Does The New Omnibus HIPAA/HITECH Final Rule Really Mean For Employers And Their Service Providers? Philip L. Gordon, Esq. Littler Mendelson,
More informationHIPAA OMNIBUS RULE. The rule makes it easier for parents and others to give permission to share proof of a child s immunization with a school
ASPPR The omnibus rule greatly enhances a patient s privacy protections, provides individuals new rights to their health information, and strengthens the government s ability to enforce the law. The changes
More informationAROC 2015 HIPAA PRIVACY AND SECURITY RULES
AROC 2015 HIPAA PRIVACY AND SECURITY RULES Presented by: Robert A. Paster, Esq. Brach Eichler L.L.C. 101 Eisenhower Parkway Roseland, NJ 07068 973-403-3144 rpaster@bracheichler.com www.bracheichler.com
More informationIndustry leading Education. Certified Partner Program. Please ask questions Todays slides are available group.
Industry leading Education Certified Partner Program Please ask questions Todays slides are available http://compliancy- group.com/slides023/ Past webinars and recordings http://compliancy- group.com/webinar/
More information