New HIPAA Breach Notification Rule: Know Your Responsibilities. Loudoun Medical Group Spring 2010

Size: px
Start display at page:

Download "New HIPAA Breach Notification Rule: Know Your Responsibilities. Loudoun Medical Group Spring 2010"

Transcription

1 New HIPAA Breach Notification Rule: Know Your Responsibilities Loudoun Medical Group Spring 2010

2 Health Information Technology for Economic and Clinical Health Act (HITECH) As part of the Recovery Act, President Obama signed into law the Health Information Technology for Economic and Clinical Health Act (HITECH) on February 17, Among other provisions, HITECH makes several changes to the Privacy and Security Rules of the Health Insurance Portability and Accountability Act of 1996 (HIPAA).

3 Previously, HIPAA did not require covered entities to notify individuals or the Department of Health and Human Services (HHS) when their Protected Health Information (PHI) was improperly disclosed, although notification was sometimes part of a covered entity's effort to mitigate harm to an individual caused by a wrongful disclosure. HITECH significantly changes HIPAA in this regard because it will require notification of certain breaches to unsecured PHI.

4 Effective Date The HHS interim final regulations were effective September 23, HHS has begun imposing penalties for failures to provide notification for breaches discovered before February 22, Example, CVS

5 Among other issues, the reviews by OCR and the FTC indicated that: CVS failed to implement adequate policies and procedures to appropriately safeguard patient information during the disposal process; and CVS failed to adequately train employees on how to dispose of such information properly. Under the HHS resolution agreement, CVS agreed to pay a $2.25 million resolution amount and implement a robust corrective action plan. The plan requires Privacy Rule compliant policies and procedures for safeguarding patient information during disposal; employee training; and employee sanctions for noncompliance.

6 New Breach Notification Rule Under the new rule, covered entities will be required to notify individuals of unsecured PHI that has been, or is reasonably believed to have been, accessed, acquired or disclosed due to a breach. Business associates will be required to notify the covered entity of such breaches.

7 Unsecured PHI HITECH defines the term unsecured PHI as PHI that is not secured by a technology or methodology specified by HHS through guidance that renders PHI to be unusable, unreadable, or indecipherable to unauthorized individuals.

8 Unsecured PHI (cont ) HHS on April 17, 2009 issued guidance that established the following technologies/methodologies: Encryption of electronic data at rest per National Institute of Standards and Technology (NIST) standards Encryption of electronic data in motion per NIST standards Shredding or destruction of paper, film or other hard copy media Destruction of electronic media per NIST standards

9 Breach Notification Methods The methods for breach notification depend in part on the size of the group of individuals affected: Written notice through first class mail to individuals (or via if specified as preferred by the individual), regardless of the size of the group affected. For groups of 10 or more individuals, post notification on the covered entity s website or a notice published in major print or broadcast media.

10 Breach Notification Methods (cont ) Notice published in prominent media outlets, if 500 or more residents of a state are affected. Notice to HHS, if 500 or more individuals are affected. Annual log to HHS of all breaches involving less than 500 individuals.

11 When to Notify? All notifications must be given without unreasonable delay, but no later than 60 days after discovery. Immediate notice to HHS must be given if 500 or more individuals are affected.

12 Breach Notification - Exceptions The following instances will not be considered a breach requiring notification: Unintentional access of PHI by a workforce member while performing his/her duties and the information was not further used or disclosed. Inadvertent disclosure of PHI by one workforce member to another at the same facility and the PHI was not further used or disclosed.

13 Still Need to Comply with Other Rules Even if the new breach notification requirement is not triggered, organizations may still be required to take the following actions in the case of a breach or other wrongful use or disclosure: Mitigate harm for improper use or disclosure. Log the wrongful disclosure on record.

14 Breach Notification Action Items Organizations are required to complete the following steps: Adopt new, or revise existing, policies and procedures regarding identifying and responding to breaches.

15 Breach Notification Action Items (cont ) Review e-security for all PHI. Create a process for breach response to ensure all breaches are appropriately handled. For example Call to 3 rd party Call to individual (patient) Meet with staff / office responsible for breach Complete incident report Letter to patient

This presentation focuses on the Healthcare Breach Notification Rule. First published in 2009, the final breach notification rule was finalized in

This presentation focuses on the Healthcare Breach Notification Rule. First published in 2009, the final breach notification rule was finalized in This presentation focuses on the Healthcare Breach Notification Rule. First published in 2009, the final breach notification rule was finalized in the HIPAA Omnibus Rule of 2013. As part of the American

More information

COMPLIANCE ALERT 10-12

COMPLIANCE ALERT 10-12 HAWAII HEALTH SYSTEMS C O R P O R A T I O N "Touching Lives Every Day COMPLIANCE ALERT 10-12 HIPAA Expansion under the American Recovery and Reinvestment Act of 2009 The American Recovery and Reinvestment

More information

The ReHabilitation Center. 1439 Buffalo Street. Olean. NY. 14760

The ReHabilitation Center. 1439 Buffalo Street. Olean. NY. 14760 Procedure Name: HITECH Breach Notification The ReHabilitation Center 1439 Buffalo Street. Olean. NY. 14760 Purpose To amend The ReHabilitation Center s HIPAA Policy and Procedure to include mandatory breach

More information

Business Associates and Breach Reporting Under HITECH and the Omnibus Final HIPAA Rule

Business Associates and Breach Reporting Under HITECH and the Omnibus Final HIPAA Rule Business Associates and Breach Reporting Under HITECH and the Omnibus Final HIPAA Rule Patricia D. King, Esq. Associate General Counsel Swedish Covenant Hospital Chicago, IL I. Business Associates under

More information

Data Breach, Electronic Health Records and Healthcare Reform

Data Breach, Electronic Health Records and Healthcare Reform Data Breach, Electronic Health Records and Healthcare Reform (This presentation is for informational purposes only and it is not intended, and should not be relied upon, as legal advice.) Overview of HIPAA

More information

Community First Health Plans Breach Notification for Unsecured PHI

Community First Health Plans Breach Notification for Unsecured PHI Community First Health Plans Breach Notification for Unsecured PHI The presentation is for informational purposes only. It is the responsibility of the Business Associate to ensure awareness and compliance

More information

HIPAA and the HITECH Act Privacy and Security of Health Information in 2009

HIPAA and the HITECH Act Privacy and Security of Health Information in 2009 HIPAA and the HITECH Act Privacy and Security of Health Information in 2009 What is HIPAA? Health Insurance Portability & Accountability Act of 1996 Effective April 13, 2003 Federal Law HIPAA Purpose:

More information

HIPAA Privacy Breach Notification Regulations

HIPAA Privacy Breach Notification Regulations Technical Bulletin Issue 8 2009 HIPAA Privacy Breach Notification Regulations On August 24, 2009 Health and Human Services (HHS) issued interim final regulations implementing the HIPAA Privacy Breach Notification

More information

ADMINISTRATIVE REGULATION EFFECTIVE DATE: 1/1/2016

ADMINISTRATIVE REGULATION EFFECTIVE DATE: 1/1/2016 Page 1 of 9 CITY OF CHESAPEAKE, VIRGINIA NUMBER: 2.62 ADMINISTRATIVE REGULATION EFFECTIVE DATE: 1/1/2016 SUPERCEDES: N/A SUBJECT: HUMAN RESOURCES DEPARTMENT CITY OF CHESAPEAKE EMPLOYEE/RETIREE GROUP HEALTH

More information

BREACH NOTIFICATION FOR UNSECURED PROTECTED HEALTH INFORMATION

BREACH NOTIFICATION FOR UNSECURED PROTECTED HEALTH INFORMATION BREACH NOTIFICATION FOR UNSECURED PROTECTED HEALTH INFORMATION Summary November 2009 On August 24, 2009, the Department of Health and Human Services (HHS) published an interim final rule (the Rule ) that

More information

NACHC Issue Brief Changes to the Health Insurance Portability and Accountability Act Included in ARRA. March 2010

NACHC Issue Brief Changes to the Health Insurance Portability and Accountability Act Included in ARRA. March 2010 NACHC Issue Brief Changes to the Health Insurance Portability and Accountability Act Included in ARRA March 2010 Prepared By: Marisa Guevara and Marcie H. Zakheim Feldesman Tucker Leifer Fidell, LLP 2001

More information

Five Rivers Medical Center, Inc. 2801 Medical Center Drive Pocahontas, AR 72455. Notification of Security Breach Policy

Five Rivers Medical Center, Inc. 2801 Medical Center Drive Pocahontas, AR 72455. Notification of Security Breach Policy Five Rivers Medical Center, Inc. 2801 Medical Center Drive Pocahontas, AR 72455 Notification of Security Breach Policy Purpose: This policy has been adopted for the purpose of complying with the Health

More information

How To Notify Of A Security Breach In Health Care Records

How To Notify Of A Security Breach In Health Care Records CHART YOUR HIPAA COURSE... HHS ISSUES SECURITY BREACH NOTIFICATION RULES PUBLISHED IN FEDERAL REGISTER 8/24/09 EFFECTIVE 9/23/09 The Department of Health and Human Services ( HHS ) has issued interim final

More information

Barnes & Thornburg LLP HIPAA Update: HITECH Act Breach Notification Rule

Barnes & Thornburg LLP HIPAA Update: HITECH Act Breach Notification Rule HEALTHCARE October 2009 Barnes & Thornburg LLP HIPAA Update: HITECH Act Breach Notification Rule This HIPAA Update provides a detailed description of the new breach notification requirements for HIPAA

More information

HIPAA BREACH NOTIFICATION REQUIREMENTS. Heman A. Marshall, III July 25, 2014

HIPAA BREACH NOTIFICATION REQUIREMENTS. Heman A. Marshall, III July 25, 2014 1 HIPAA BREACH NOTIFICATION REQUIREMENTS Heman A. Marshall, III July 25, 2014 2 SCENARIO FOR VBA SUMMER MEETING The Medical Marijuana Growers Association (MMGA) Health Plan, which is a self-fund plan,

More information

M E M O R A N D U M. Definitions

M E M O R A N D U M. Definitions M E M O R A N D U M DATE: November 10, 2011 TO: FROM: RE: Krevolin & Horst, LLC HIPAA Obligations of Business Associates In connection with the launch of your hosted application service focused on practice

More information

Heather L. Hughes, J.D. HIPAA Privacy Officer U.S. Legal Support, Inc. hhughes@uslegalsupport.com www.uslegalsupport.com

Heather L. Hughes, J.D. HIPAA Privacy Officer U.S. Legal Support, Inc. hhughes@uslegalsupport.com www.uslegalsupport.com Heather L. Hughes, J.D. HIPAA Privacy Officer U.S. Legal Support, Inc. hhughes@uslegalsupport.com www.uslegalsupport.com HIPAA Privacy Rule Sets standards for confidentiality and privacy of individually

More information

New HIPAA Rules and EHRs: ARRA & Breach Notification

New HIPAA Rules and EHRs: ARRA & Breach Notification New HIPAA Rules and EHRs: ARRA & Breach Notification Jim Sheldon-Dean Director of Compliance Services Lewis Creek Systems, LLC www.lewiscreeksystems.com and Raj Goel Chief Technology Officer Brainlink

More information

STANDARD ADMINISTRATIVE PROCEDURE

STANDARD ADMINISTRATIVE PROCEDURE STANDARD ADMINISTRATIVE PROCEDURE 16.99.99.M0.26 Investigation and Response to Breach of Unsecured Protected Health Information (HITECH) Approved October 27, 2014 Next scheduled review: October 27, 2019

More information

Guidance Specifying Technologies and Methodologies DEPARTMENT OF HEALTH AND HUMAN SERVICES

Guidance Specifying Technologies and Methodologies DEPARTMENT OF HEALTH AND HUMAN SERVICES DEPARTMENT OF HEALTH AND HUMAN SERVICES 45 CFR PARTS 160 and 164 Guidance Specifying the Technologies and Methodologies That Render Protected Health Information Unusable, Unreadable, or Indecipherable

More information

POLICY AND PROCEDURE MANUAL

POLICY AND PROCEDURE MANUAL Pennington Biomedical POLICY NO. 412.22 POLICY AND PROCEDURE MANUAL Origin Date: 02/04/2013 Impacts: ALL PERSONNEL Effective Date: 03/17/2014 Subject: HIPAA BREACH NOTIFICATION Last Revised: Source: LEGAL

More information

HIPAA AND MEDICAID COMPLIANCE POLICIES AND PROCEDURES

HIPAA AND MEDICAID COMPLIANCE POLICIES AND PROCEDURES SALISH BHO HIPAA AND MEDICAID COMPLIANCE POLICIES AND PROCEDURES Policy Name: HIPAA BREACH NOTIFICATION REQUIREMENTS Policy Number: 5.16 Reference: 45 CFR Parts 164 Effective Date: 03/2016 Revision Date(s):

More information

Breach Notification Policy

Breach Notification Policy 1. Breach Notification Team. Breach Notification Policy Ferris State University ( Ferris State ), a hybrid entity with health care components, has established a Breach Notification Team, which consists

More information

Updated HIPAA Regulations What Optometrists Need to Know Now. HIPAA Overview

Updated HIPAA Regulations What Optometrists Need to Know Now. HIPAA Overview Updated HIPAA Regulations What Optometrists Need to Know Now The U.S. Department of Health & Human Services Office for Civil Rights recently released updated regulations regarding the Health Insurance

More information

IDAHO STATE UNIVERSITY POLICIES AND PROCEDURES (ISUPP) HIPAA Privacy - Data Breach Notification Policy 10240

IDAHO STATE UNIVERSITY POLICIES AND PROCEDURES (ISUPP) HIPAA Privacy - Data Breach Notification Policy 10240 IDAHO STATE UNIVERSITY POLICIES AND PROCEDURES (ISUPP) HIPAA Privacy - Data Breach Notification Policy 10240 POLICY INFORMATION Major Functional Area (MFA): MFA X - Office of General Counsel & Compliance

More information

HITECH ACT UPDATE HIPAA BREACH NOTIFICATION RULE WEB CAST. David G. Schoolcraft Ogden Murphy Wallace, PLLC dschoolcraft@omwlaw.com

HITECH ACT UPDATE HIPAA BREACH NOTIFICATION RULE WEB CAST. David G. Schoolcraft Ogden Murphy Wallace, PLLC dschoolcraft@omwlaw.com HITECH ACT UPDATE HIPAA BREACH NOTIFICATION RULE WEB CAST David G. Schoolcraft Ogden Murphy Wallace, PLLC dschoolcraft@omwlaw.com Presenters David Schoolcraft, Member, Ogden Murphy Wallace, PLLC Taya Briley,

More information

HHS Finalizes HIPAA Privacy and Data Security Rules, Including Stricter Rules for Breaches of Unsecured PHI

HHS Finalizes HIPAA Privacy and Data Security Rules, Including Stricter Rules for Breaches of Unsecured PHI January 23, 2013 HHS Finalizes HIPAA Privacy and Data Security Rules, Including Stricter Rules for Breaches of Unsecured PHI Executive Summary HHS has issued final regulations that address recent legislative

More information

Everett School Employee Benefit Trust. Reportable Breach Notification Policy HIPAA HITECH Rules and Washington State Law

Everett School Employee Benefit Trust. Reportable Breach Notification Policy HIPAA HITECH Rules and Washington State Law Everett School Employee Benefit Trust Reportable Breach Notification Policy HIPAA HITECH Rules and Washington State Law Introduction The Everett School Employee Benefit Trust ( Trust ) adopts this policy

More information

BREVIUM HIPAA BUSINESS ASSOCIATE TERMS AND CONDITIONS

BREVIUM HIPAA BUSINESS ASSOCIATE TERMS AND CONDITIONS BREVIUM HIPAA BUSINESS ASSOCIATE TERMS AND CONDITIONS The following HIPAA Business Associate Terms and Conditions (referred to hereafter as the HIPAA Agreement ) are part of the Brevium Software License

More information

CMA BUSINESS ASSOCIATE AGREEMENT WITH CMA MEMBERS

CMA BUSINESS ASSOCIATE AGREEMENT WITH CMA MEMBERS CMA BUSINESS ASSOCIATE AGREEMENT WITH CMA MEMBERS Dear Physician Member: Thank you for contacting the California Medical Association and thank you for your membership. In order to advocate on your behalf,

More information

Reporting of Security Breach of Protected Health Information including Personal Health Information 3364-100-90-15 Hospital Administration

Reporting of Security Breach of Protected Health Information including Personal Health Information 3364-100-90-15 Hospital Administration Name of Policy: Policy Number: Department: Reporting of Security Breach of Protected Health Information including Personal Health Information 3364-100-90-15 Hospital Administration Approving Officer: Interim

More information

HIPAA Omnibus Rule Practice Impact. Kristen Heffernan MicroMD Director of Prod Mgt and Marketing

HIPAA Omnibus Rule Practice Impact. Kristen Heffernan MicroMD Director of Prod Mgt and Marketing HIPAA Omnibus Rule Practice Impact Kristen Heffernan MicroMD Director of Prod Mgt and Marketing 1 HIPAA Omnibus Rule Agenda History of the Rule HIPAA Stats Rule Overview Use of Personal Health Information

More information

UNDERSTANDING THE HIPAA/HITECH BREACH NOTIFICATION RULE 2/25/14

UNDERSTANDING THE HIPAA/HITECH BREACH NOTIFICATION RULE 2/25/14 UNDERSTANDING THE HIPAA/HITECH BREACH NOTIFICATION RULE 2/25/14 RULES Issued August 19, 2009 Requires Covered Entities to notify individuals of a breach as well as HHS without reasonable delay or within

More information

By Ross C. D Emanuele, John T. Soshnik, and Kari Bomash, Dorsey & Whitney LLP Minneapolis, MN

By Ross C. D Emanuele, John T. Soshnik, and Kari Bomash, Dorsey & Whitney LLP Minneapolis, MN Major Changes to HIPAA Security and Privacy Rules Enacted in Economic Stimulus Package By Ross C. D Emanuele, John T. Soshnik, and Kari Bomash, Dorsey & Whitney LLP Minneapolis, MN The HITECH Act is the

More information

HIPPA and HITECH NOTIFICATION Effective Date: September 23, 2013

HIPPA and HITECH NOTIFICATION Effective Date: September 23, 2013 HIPPA and HITECH NOTIFICATION Effective Date: September 23, 2013 Orchard Creek Health Care is required by law to maintain the privacy of protected health information (PHI) of our residents. If you feel

More information

12/19/2014. HIPAA More Important Than You Realize. Administrative Simplification Privacy Rule Security Rule

12/19/2014. HIPAA More Important Than You Realize. Administrative Simplification Privacy Rule Security Rule HIPAA More Important Than You Realize J. Ira Bedenbaugh Consulting Shareholder February 20, 2015 This material was used by Elliott Davis Decosimo during an oral presentation; it is not a complete record

More information

HIPAA Update Focus on Breach Prevention

HIPAA Update Focus on Breach Prevention HIPAA Update Focus on Breach Prevention Objectives By the end of this program, participants should be able to: Identify top reasons why breaches occur Review the breach definition and notification process

More information

SAMPLE BUSINESS ASSOCIATE AGREEMENT

SAMPLE BUSINESS ASSOCIATE AGREEMENT SAMPLE BUSINESS ASSOCIATE AGREEMENT THIS AGREEMENT IS TO BE USED ONLY AS A SAMPLE IN DEVELOPING YOUR OWN BUSINESS ASSOCIATE AGREEMENT. ANYONE USING THIS DOCUMENT AS GUIDANCE SHOULD DO SO ONLY IN CONSULT

More information

HIPAA Omnibus Rule Overview. Presented by: Crystal Stanton MicroMD Marketing Communication Specialist

HIPAA Omnibus Rule Overview. Presented by: Crystal Stanton MicroMD Marketing Communication Specialist HIPAA Omnibus Rule Overview Presented by: Crystal Stanton MicroMD Marketing Communication Specialist 1 HIPAA Omnibus Rule - Agenda History of the Omnibus Rule What is the HIPAA Omnibus Rule and its various

More information

CREATIVE SOLUTIONS IN HEALTHCARE, INC. Privacy Policy

CREATIVE SOLUTIONS IN HEALTHCARE, INC. Privacy Policy CREATIVE SOLUTIONS IN HEALTHCARE, INC. Privacy Policy Amended as of February 12, 2010 on the authority of the HIPAA Privacy Officer for Creative Solutions in Healthcare, Inc. TABLE OF CONTENTS ARTICLE

More information

HIPAA Business Associate Agreement

HIPAA Business Associate Agreement HIPAA Business Associate Agreement User of any Nemaris Inc. (Nemaris) products or services including but not limited to Surgimap Spine, Surgimap ISSG, Surgimap SRS, Surgimap Office, Surgimap Ortho, Surgimap

More information

What do you need to know?

What do you need to know? What do you need to know? DISCLAIMER Please note that the information provided is to inform our clients and friends of recent HIPAA and HITECH act developments. It is not intended, nor should it be used,

More information

The HITECH Act: Implications to HIPAA Covered Entities and Business Associates. Linn F. Freedman, Esq.

The HITECH Act: Implications to HIPAA Covered Entities and Business Associates. Linn F. Freedman, Esq. The HITECH Act: Implications to HIPAA Covered Entities and Business Associates Linn F. Freedman, Esq. Introduction and Overview On February 17, 2009, President Obama signed P.L. 111-05, the American Recovery

More information

HIPAA Data Breaches: Managing Them Internally and in Response to Civil/Criminal Investigations

HIPAA Data Breaches: Managing Them Internally and in Response to Civil/Criminal Investigations HIPAA Data Breaches: Managing Them Internally and in Response to Civil/Criminal Investigations Health Care Litigation Webinar Series March 22, 2012 Spence Pryor Paula Stannard Jason Popp 1 HIPAA/HITECH

More information

Business Associates and HIPAA

Business Associates and HIPAA Business Associates and HIPAA What BAs need to know to comply with HIPAA privacy and security rules by Dom Nicastro White paper The lax days of complying with privacy and security laws are over for business

More information

Information Privacy and Security Program. Title: EC.PS.01.02

Information Privacy and Security Program. Title: EC.PS.01.02 Page: 1 of 9 I. PURPOSE: The purpose of this standard is to ensure that affected individuals, the media, and the Secretary of Health and Human Services (HHS) are appropriately notified of any Breach of

More information

HIPAA Privacy and Security

HIPAA Privacy and Security HIPAA Privacy and Security Cindy Cummings, RHIT February, 2015 1 HIPAA Privacy and Security The regulation is designed to safeguard Protected Health Information referred to PHI AND electronic Protected

More information

Use & Disclosure of Protected Health Information by Business Associates

Use & Disclosure of Protected Health Information by Business Associates Applicability: Policy Title: Policy Number: Use & Disclosure of Protected Health Information by Business Associates PP-12 Superseded Policy(ies) or Entity Policy: N/A Date Established: January 31, 2003

More information

Shipman & Goodwin LLP. HIPAA Alert STIMULUS PACKAGE SIGNIFICANTLY EXPANDS HIPAA REQUIREMENTS

Shipman & Goodwin LLP. HIPAA Alert STIMULUS PACKAGE SIGNIFICANTLY EXPANDS HIPAA REQUIREMENTS Shipman & Goodwin LLP HIPAA Alert March 2009 STIMULUS PACKAGE SIGNIFICANTLY EXPANDS HIPAA REQUIREMENTS The economic stimulus package, officially named the American Recovery and Reinvestment Act of 2009

More information

White Paper THE HIPAA FINAL OMNIBUS RULE: NEW CHANGES IMPACTING BUSINESS ASSOCIATES

White Paper THE HIPAA FINAL OMNIBUS RULE: NEW CHANGES IMPACTING BUSINESS ASSOCIATES White Paper THE HIPAA FINAL OMNIBUS RULE: NEW CHANGES IMPACTING BUSINESS ASSOCIATES CONTENTS Introduction 3 Brief Overview of HIPPA Final Omnibus Rule 3 Changes to the Definition of Business Associate

More information

What Health Care Entities Need to Know about HIPAA and the American Recovery and Reinvestment Act

What Health Care Entities Need to Know about HIPAA and the American Recovery and Reinvestment Act What Health Care Entities Need to Know about HIPAA and the American Recovery and Reinvestment Act by Lane W. Staines and Cheri D. Green On February 17, 2009, The American Recovery and Reinvestment Act

More information

BUSINESS ASSOCIATE AGREEMENT. Business Associate. Business Associate shall mean.

BUSINESS ASSOCIATE AGREEMENT. Business Associate. Business Associate shall mean. BUSINESS ASSOCIATE AGREEMENT This Business Associate Agreement is made as of the day of, 2010, by and between Methodist Lebonheur Healthcare, on behalf of itself and all of its affiliates ( Covered Entity

More information

Model Business Associate Agreement

Model Business Associate Agreement Model Business Associate Agreement Instructions: The Texas Health Services Authority (THSA) has developed a model BAA for use between providers (Covered Entities) and HIEs (Business Associates). The model

More information

Overview of the HIPAA Security Rule

Overview of the HIPAA Security Rule Office of the Secretary Office for Civil Rights () Overview of the HIPAA Security Rule Office for Civil Rights Region IX Alicia Cornish, EOS Sheila Fischer, Supervisory EOS Topics Upon completion of this

More information

BUSINESS ASSOCIATE AGREEMENT Tribal Contract

BUSINESS ASSOCIATE AGREEMENT Tribal Contract DEPARTMENT OF HEALTH SERVICES Division of Enterprise Services F-00714 (08/2013) STATE OF WISCONSIN BUSINESS ASSOCIATE AGREEMENT Tribal Contract This Business Associate Agreement is made between the Wisconsin

More information

REPRODUCTIVE ASSOCIATES OF DELAWARE (RAD) NOTICE OF PRIVACY PRACTICES PLEASE REVIEW IT CAREFULLY.

REPRODUCTIVE ASSOCIATES OF DELAWARE (RAD) NOTICE OF PRIVACY PRACTICES PLEASE REVIEW IT CAREFULLY. REPRODUCTIVE ASSOCIATES OF DELAWARE (RAD) NOTICE OF PRIVACY PRACTICES THIS NOTICE DESCRIBES HOW PROTECTED HEALTH INFORMATION (PHI) ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS

More information

University Healthcare Physicians Compliance and Privacy Policy

University Healthcare Physicians Compliance and Privacy Policy Page 1 of 11 POLICY University Healthcare Physicians (UHP) will enter into business associate agreements in compliance with the provisions of the Health Insurance Portability and Accountability Act of

More information

Chris Bennington, Esq., INCompliance Consulting Shannon DeBra, Esq., Bricker & Eckler LLP Victoria Norton, R.N., J.D., M.B.A.

Chris Bennington, Esq., INCompliance Consulting Shannon DeBra, Esq., Bricker & Eckler LLP Victoria Norton, R.N., J.D., M.B.A. Chris Bennington, Esq., INCompliance Consulting Shannon DeBra, Esq., Bricker & Eckler LLP Victoria Norton, R.N., J.D., M.B.A., UC Health 7093020v1 Examples from the News Review of HIPAA Breach Regulations

More information

HIPAA Breach Notification Policy

HIPAA Breach Notification Policy HIPAA Breach Notification Policy Purpose: To ensure compliance with applicable laws and regulations governing the privacy and security of protected health information, and to ensure that appropriate notice

More information

HIPAA 101. March 18, 2015 Webinar

HIPAA 101. March 18, 2015 Webinar HIPAA 101 March 18, 2015 Webinar Agenda Acronyms to Know HIPAA Basics What is HIPAA and to whom does it apply? What is protected by HIPAA? Privacy Rule Security Rule HITECH Basics Breaches and Responses

More information

SCHOOL DISTRICT OF BLACK RIVER FALLS HIPAA PRIVACY AND SECURITY POLICY

SCHOOL DISTRICT OF BLACK RIVER FALLS HIPAA PRIVACY AND SECURITY POLICY SCHOOL DISTRICT OF BLACK RIVER FALLS HIPAA PRIVACY AND SECURITY POLICY 1 School Board Policy 523.5 The School District of Black River Falls ( District ) is committed to compliance with the health information

More information

HIPAA Compliance: Are you prepared for the new regulatory changes?

HIPAA Compliance: Are you prepared for the new regulatory changes? HIPAA Compliance: Are you prepared for the new regulatory changes? Baker Tilly CARIS Innovation, Inc. April 30, 2013 Baker Tilly refers to Baker Tilly Virchow Krause, LLP, an independently owned and managed

More information

HIPAA Policy, Protection, and Pitfalls ARTHUR J. GALLAGHER & CO. BUSINESS WITHOUT BARRIERS

HIPAA Policy, Protection, and Pitfalls ARTHUR J. GALLAGHER & CO. BUSINESS WITHOUT BARRIERS HIPAA Policy, Protection, and Pitfalls Overview HIPAA Privacy Basics What s covered by HIPAA privacy rules, and what isn t? Interlude on the Hands-Off Group Health Plan When does this exception apply,

More information

HIPAA PRIVACY AND SECURITY RULES BUSINESS ASSOCIATE AGREEMENT BETWEEN. Stewart C. Miller & Co., Inc. (Business Associate) AND

HIPAA PRIVACY AND SECURITY RULES BUSINESS ASSOCIATE AGREEMENT BETWEEN. Stewart C. Miller & Co., Inc. (Business Associate) AND HIPAA PRIVACY AND SECURITY RULES BUSINESS ASSOCIATE AGREEMENT BETWEEN Stewart C. Miller & Co., Inc. (Business Associate) AND City of West Lafayette Flexible Spending Plan (Covered Entity) TABLE OF CONTENTS

More information

INFORMATION SECURITY & HIPAA COMPLIANCE MPCA

INFORMATION SECURITY & HIPAA COMPLIANCE MPCA INFORMATION SECURITY & HIPAA COMPLIANCE MPCA Annual Conference August 5, 201 Agenda 1 HIPAA 2 The New Healthcare Paradigm Internal Compliance 4 Conclusion 2 1 HIPAA 1 Earning Their Trust 4 HIPAA 5 Health

More information

HIPAA, HIPAA Hi-TECH and HIPAA Omnibus Rule

HIPAA, HIPAA Hi-TECH and HIPAA Omnibus Rule HIPAA, HIPAA Hi-TECH and HIPAA Omnibus Rule NYCR-245157 HIPPA, HIPAA HiTECH& the Omnibus Rule A. HIPAA IIHI and PHI Privacy & Security Rule Covered Entities and Business Associates B. HIPAA Hi-TECH Why

More information

HHS Issues Breach Reporting Regulations under the HITECH Act Executive Summary

HHS Issues Breach Reporting Regulations under the HITECH Act Executive Summary HHS Issues Breach Reporting Regulations under the HITECH Act Executive Summary The Health Information Technology for Economic and Clinical Health Act (the HITECH Act), which became law in February of this

More information

Data Breach Notification Burden Grows With First State Insurance Commissioner Mandate

Data Breach Notification Burden Grows With First State Insurance Commissioner Mandate Privacy, Data Security & Information Use September 16, 2010 Data Breach Notification Burden Grows With First State Insurance Commissioner Mandate by John L. Nicholson and Meighan E. O'Reardon Effective

More information

BUSINESS ASSOCIATE AGREEMENT

BUSINESS ASSOCIATE AGREEMENT BUSINESS ASSOCIATE AGREEMENT This Business Associate Agreement ( Agreement ) between Inphonite, LLC ( Business Associate and you, as our Customer ( Covered Entity ) (each individually, a Party, and collectively,

More information

Breach Notification Decision Process 1/1/2014

Breach Notification Decision Process 1/1/2014 WEDI Strategic National Implementation Process (SNIP) Privacy and Security Workgroup Breach Risk Assessment Issue Brief Breach Notification Decision Process 1/1/2014 Workgroup for Electronic Data Interchange

More information

BUSINESS ASSOCIATE AGREEMENT

BUSINESS ASSOCIATE AGREEMENT BUSINESS ASSOCIATE AGREEMENT THIS BUSINESS ASSOCIATE AGREEMENT (this Agreement ), effective as of May 1, 2014 (the Effective Date ), by and between ( Covered Entity ) and Orchard Software Corporation,

More information

NCHICA HITECH Act Breach Notification Risk Assessment Tool. Prepared by the NCHICA Privacy, Security & Legal Officials Workgroup

NCHICA HITECH Act Breach Notification Risk Assessment Tool. Prepared by the NCHICA Privacy, Security & Legal Officials Workgroup NCHICA HITECH Act Breach Notification Risk Assessment Tool Prepared by the NCHICA Privacy, Security & Legal Officials Workgroup NORTH CAROLINA HEALTHCARE INFORMATION AND COMMUNICATIONS ALLIANCE, INC August

More information

Health Partners HIPAA Business Associate Agreement

Health Partners HIPAA Business Associate Agreement Health Partners HIPAA Business Associate Agreement This HIPAA Business Associate Agreement ( Agreement ) by and between Health Partners of Philadelphia, Inc., the Covered Entity (herein referred to as

More information

FirstCarolinaCare Insurance Company Business Associate Agreement

FirstCarolinaCare Insurance Company Business Associate Agreement FirstCarolinaCare Insurance Company Business Associate Agreement THIS BUSINESS ASSOCIATE AGREEMENT ("Agreement"), is made and entered into as of, 20 (the "Effective Date") between FirstCarolinaCare Insurance

More information

Healthcare Practice. Breach Notification Requirements Under HIPAA/HITECH Act and Oregon Consumer Identity Theft Protection Act. Oregon.

Healthcare Practice. Breach Notification Requirements Under HIPAA/HITECH Act and Oregon Consumer Identity Theft Protection Act. Oregon. Healthcare Practice Breach Notification Requirements Under HIPAA/HITECH Act and Consumer Identity Theft Protection Act August 2013 Anchorage Beijing New York Portland Seattle Washington, D.C. www.gsblaw.com

More information

Nerds and Geeks Re-United: Towards a Practical Approach to Health Privacy Breaches. Gerard M. Stegmaier gstegmaier@wsgr.

Nerds and Geeks Re-United: Towards a Practical Approach to Health Privacy Breaches. Gerard M. Stegmaier gstegmaier@wsgr. Nerds and Geeks Re-United: Towards a Practical Approach to Health Privacy Breaches Gerard M. Stegmaier gstegmaier@wsgr.com @1sand0slawyer Data Breach Trends 2011 Average Loss to Organization = $5.5 million

More information

HIPAA BREACH RESPONSE POLICY

HIPAA BREACH RESPONSE POLICY http://dhmh.maryland.gov/sitepages/op02.aspx (OIG) DHMH POLICY 01.03.07 Effective Date: July 22, 2014 I. EXECUTIVE SUMMARY The Department of Health and Mental Hygiene (DHMH) is committed to protecting

More information

what your business needs to do about the new HIPAA rules

what your business needs to do about the new HIPAA rules what your business needs to do about the new HIPAA rules Whether you are an employer that provides health insurance for your employees, a business in the growing health care industry, or a hospital or

More information

Healthcare Practice. HIPAA/HITECH Act vs. Oregon Consumer Identity Theft Protection Act. February 2010

Healthcare Practice. HIPAA/HITECH Act vs. Oregon Consumer Identity Theft Protection Act. February 2010 Healthcare Practice HIPAA/HITECH Act vs. Oregon Consumer Identity Theft Protection Act February 2010 HIPAA/HITECH Background Healthcare Practice Stephen Rose srose@gsblaw.com 206.464.3939 Ext 1375 Larry

More information

My Docs Online HIPAA Compliance

My Docs Online HIPAA Compliance My Docs Online HIPAA Compliance Updated 10/02/2013 Using My Docs Online in a HIPAA compliant fashion depends on following proper usage guidelines, which can vary based on a particular use, but have several

More information

Healthcare Practice. HIPAA/HITECH Act vs. the Washington Data Breach Notification Act. November 2009

Healthcare Practice. HIPAA/HITECH Act vs. the Washington Data Breach Notification Act. November 2009 Healthcare Practice HIPAA/HITECH Act vs. the Washington Data Breach Notification Act November 2009 HIPAA/HITECH Background Healthcare Practice Stephen Rose srose@gsblaw.com 206.464.3939 Ext 1375 Larry

More information

October 22, 2009. 45 CFR PARTS 160 and 164

October 22, 2009. 45 CFR PARTS 160 and 164 October 22, 2009 U.S. Department of Health and Human Services Office for Civil Rights Attention: HITECH Breach Notification Hubert H. Humphrey Building Room 509 F 200 Independence Avenue, SW Washington,

More information

Hackers, Slackers & Packers: Preventing Data Loss & Dealing with the Inevitable. Data Breaches Are All Too Common

Hackers, Slackers & Packers: Preventing Data Loss & Dealing with the Inevitable. Data Breaches Are All Too Common Hackers, Slackers & Packers: Preventing Data Loss & Dealing with the Inevitable Steven J. Fox (sjfox@postschell.com) Peter D. Hardy (phardy@postschell.com) Robert Brandfass (BrandfassR@wvuh.com) (Mr. Brandfass

More information

AVE MARIA UNIVERSITY HIPAA PRIVACY NOTICE

AVE MARIA UNIVERSITY HIPAA PRIVACY NOTICE AVE MARIA UNIVERSITY HIPAA PRIVACY NOTICE This Notice of Privacy Practices describes the legal obligations of Ave Maria University, Inc. (the plan ) and your legal rights regarding your protected health

More information

Name of Other Party: Address of Other Party: Effective Date: Reference Number as applicable:

Name of Other Party: Address of Other Party: Effective Date: Reference Number as applicable: PLEASE NOTE: THIS DOCUMENT IS SUBMITTED AS A SAMPLE, FOR INFORMATIONAL PURPOSES ONLY TO ABC ORGANIZATION. HIPAA SOLUTIONS LC IS NOT ENGAGED IN THE PRACTICE OF LAW IN ANY STATE, JURISDICTION, OR VENUE OF

More information

BUSINESS ASSOCIATE AGREEMENT

BUSINESS ASSOCIATE AGREEMENT BUSINESS ASSOCIATE AGREEMENT This Business Associate Agreement ( the Agreement ) is entered into this day of, 20 by and between the Tennessee Chapter of the American Academy of Pediatrics ( Business Associate

More information

Anatomy of a Health Care Data Breach (a.k.a. Breaches, Breaches, and More Breaches)

Anatomy of a Health Care Data Breach (a.k.a. Breaches, Breaches, and More Breaches) Anatomy of a Health Care Data Breach (a.k.a. Breaches, Breaches, and More Breaches) Presented by: Allyson Jones Labban, Esq. 300 N. Greene Street, Ste. 1400 Greensboro, NC 27401 T: 336.378.5200 E: allyson.labban@smithmoorelaw.com

More information

Business Associate Agreement

Business Associate Agreement Business Associate Agreement This Agreement is entered into as of ("Effective Date"), between ( Covered Entity ), and ( Business Associate ). RECITALS WHEREAS, Business Associate provides services on behalf

More information

Violation Become a Privacy Breach? Agenda

Violation Become a Privacy Breach? Agenda How Does a HIPAA Violation Become a Privacy Breach? Karen Voiles, MBA, CHC, CHPC, CHRC Senior Managing Consultant, Compliance Agenda Differentiating between HIPAA violation and reportable breach Best practices

More information

Am I a Business Associate?

Am I a Business Associate? Am I a Business Associate? Now What? JENNIFER L. RATHBURN Quarles & Brady LLP KATEA M. RAVEGA Quarles & Brady LLP agenda» Overview of HIPAA / HITECH» Business Associate ( BA ) Basics» What Do BAs Have

More information

Definitions: Policy: Duties and Responsibilities: The Privacy Officer will have the following responsibilities and duties:

Definitions: Policy: Duties and Responsibilities: The Privacy Officer will have the following responsibilities and duties: PRIVACY 1.0 FACILITY PRIVACY OFFICER Scope: Purpose: All subsidiaries of Universal Health Services, Inc., including facilities and UHS of Delaware Inc. (collectively, UHS ), including UHS covered entities

More information

Health Care Information Privacy The HIPAA Regulations What Has Changed and What You Need to Know

Health Care Information Privacy The HIPAA Regulations What Has Changed and What You Need to Know Health Care Information Privacy The HIPAA Regulations What Has Changed and What You Need to Know Note: Information provided to NCRA by Melodi Gates, Associate with Patton Boggs, LLC Privacy and data protection

More information

Business Associates, HITECH & the Omnibus HIPAA Final Rule

Business Associates, HITECH & the Omnibus HIPAA Final Rule Business Associates, HITECH & the Omnibus HIPAA Final Rule HIPAA Omnibus Final Rule Changes Business Associates Marissa Gordon-Nguyen, JD, MPH Health Information Privacy Specialist Office for Civil Rights/HHS

More information

Healthcare Horizons Webinar Series:

Healthcare Horizons Webinar Series: Healthcare Horizons Webinar Series: HIPAA and HITECH Enforcement Pete Enko peter.enko@huschblackwell.com 816.983.8312 Steve James steve.james@huschblackwell.com 816.983.8374 Husch Blackwell LLP Before

More information

Data Security and Integrity of e-phi. MLCHC Annual Clinical Conference Worcester, MA Wednesday, November 12, 2014 2:15pm 3:30pm

Data Security and Integrity of e-phi. MLCHC Annual Clinical Conference Worcester, MA Wednesday, November 12, 2014 2:15pm 3:30pm Electronic Health Records: Data Security and Integrity of e-phi Worcester, MA Wednesday, 2:15pm 3:30pm Agenda Introduction Learning Objectives Overview of HIPAA HIPAA: Privacy and Security HIPAA: The Security

More information

The Institute of Professional Practice, Inc. Business Associate Agreement

The Institute of Professional Practice, Inc. Business Associate Agreement The Institute of Professional Practice, Inc. Business Associate Agreement This Business Associate Agreement ( Agreement ) effective on (the Effective Date ) is entered into by and between The Institute

More information

HIPAA/HITECH: A Guide for IT Service Providers

HIPAA/HITECH: A Guide for IT Service Providers HIPAA/HITECH: A Guide for IT Service Providers Much like Arthur Dent in the opening scene of The Hitchhiker s Guide to the Galaxy (HHGTTG), you re experiencing the impact of new legislation that s infringing

More information

Can Your Diocese Afford to Fail a HIPAA Audit?

Can Your Diocese Afford to Fail a HIPAA Audit? Can Your Diocese Afford to Fail a HIPAA Audit? PETULA WORKMAN & PHIL BUSHNELL MAY 2016 2016 ARTHUR J. GALLAGHER & CO. BUSINESS WITHOUT BARRIERS Agenda Overview Privacy Security Breach Notification Miscellaneous

More information

OCR s Anatomy: HIPAA Breaches, Investigations, and Enforcement

OCR s Anatomy: HIPAA Breaches, Investigations, and Enforcement OCR s Anatomy: HIPAA Breaches, Investigations, and Enforcement Clinton Mikel The Health Law Partners, P.C. Alessandra Swanson U.S. Department of Health and Human Services - Office for Civil Rights Disclosure

More information

HIPAA Hot Topics. Audits, the Latest on Enforcement and the Impact of Breaches. September 2012. Nashville Knoxville Memphis Washington, D.C.

HIPAA Hot Topics. Audits, the Latest on Enforcement and the Impact of Breaches. September 2012. Nashville Knoxville Memphis Washington, D.C. HIPAA Hot Topics Audits, the Latest on Enforcement and the Impact of Breaches September 2012 Nashville Knoxville Memphis Washington, D.C. Overview HITECH Act HIPAA Audit Program: update and initial results

More information