HIPAA Omnibus Rule Practice Impact. Kristen Heffernan MicroMD Director of Prod Mgt and Marketing
|
|
- Lynette Pierce
- 5 years ago
- Views:
Transcription
1 HIPAA Omnibus Rule Practice Impact Kristen Heffernan MicroMD Director of Prod Mgt and Marketing 1
2 HIPAA Omnibus Rule Agenda History of the Rule HIPAA Stats Rule Overview Use of Personal Health Information (PHI) Patient Access to Electronic Health Records Business Associates (BAs) Security Rules PHI Breaches + Notification Audits, Consequences + Penalties Avoiding HIPAA Consequences Surviving a HIPAA Audit MicroMD HIPAA Compliance + Support HIPAA Resources 2
3 History of the Omnibus Rule Health Insurance Portability and Accountability Act (HIPAA) of 1996 Before HITECH, Business Associates (BAs) regulated through Business Associates Agreements (BAAs) Health Information Technology for Economic and Clinical Health (HITECH) Act of 2009 After HITECH, BAs and subcontractors regulated directly by HIPAA Omnibus Rule 2013 Therefore, must comply with Security Rules and some Privacy Rules and provisions of BAA 3
4 HIPAA Stats: 2009 to 2012* 538 PHI breaches (21M+ health records) 67% of breaches are a result of theft or loss 57% of patient record breaches involved a BA 38% a result of unencrypted laptop or other portable electronic device *Breaches impacting greater than 500 individuals as reported to HHS Aug 2009 to Jan
5 Rule Overview Changes to Personal Health Information (PHI) Patient access to electronic PHI (Tie to MU reqs) New requirements for Business Associates and their Subcontractors Defines new Security Requirements (Not enough to just do the audit; now need to take steps Tie to MU reqs) Updated definition of PHI Breach, how to asses breach level and notification Outlines penalties 5
6 Use of Personal Health Information (PHI) Limitations on use of PHI for marketing + fundraising purposes Prohibits sales of PHI without individual authorization to do so Broadens patient ability to restrict disclosure of PHI to health insurance, for instance when a patient pays cash 6
7 Patient Access to Electronic Health Record Expands patient rights to request + receive electronic copies of their health record Ties into Meaningful Use (MU) Stage 1 Core Objective 12: More than 50 percent of all unique patients seen by the EP during the EHR reporting period are provided timely (within 4 business days after the information is available to the EP) online access to their health information subject to the EP's discretion to withhold certain information. Stage 2 Core Objective 7: Provide patients the ability to view online, download and transmit their health information within 4 business days of the information being available to the EP. 7
8 Business Associates (BAs): Why the changes? Before HITECH, management of PHI was loosely defined; law required to use appropriate safeguards No established standards No way to validate standards were being followed Laptops don t always have encrypted discs Users often disable or don t update virus protection Covered Entities (CEs) with limited IT resources Increasing EMR adoption 8
9 Business Associates (BAs): Definition Person s who, on behalf of a Covered Entity (other than the Covered Entity s workforce) perform or assist in performing a function or activity that involves the use of disclosure of individually identifiable health information, or that otherwise is regulated by HIPAA. IT equipment, support + software vendors Leasing firms Data centers Cloud computing providers Telephony + answering service vendors Shredding vendors Billing services Transcription services Collection services Temporary employment agencies 9
10 Business Associates (BAs): Omnibus Impact Extends requirements for privacy and security rules to physician BAs and their subcontractors HHS Secretary authorized to receive complaints and take action against BAs and subcontractors BAs and subcontractors required to maintain own records and provide HHS access to info BAs and subcontractors subject to civil money penalties for violations BAs and subcontractors liable under contract to Covered Entity (CE) and BA 10
11 Business Associates (BAs): Must Document Risk Analysis Continuity Plan Security Practices and Procedures Incident Response Plan (Breaches) Records Disposal Procedure for Electronic Media and Paper Records Employee Training Program Termination Procedures Audit Logs 11
12 Business Associates (BAs): Must Protect data + uphold privacy and security measures Restrict access to PHI via password Secure servers; limit access Receive and forward data automatically 128-bit encryption for reports Restrict PHI to need to know Automatic password expiration Store archives and backup in fireproof safe Mandatory HIPAA training Monitored security system Automated, securely-stored data backups Automated virus checks Properly dispose of data Delete data from BA systems at end of BA Not retain paper copies 12
13 Business Associates Agreement (BAA): Elements Specifies Purpose for use of PHI Functions, activities or services doing for CE BAs agree to Not to use PHI outside of requirements Use appropriate safeguards Mitigate disclosure that violates BAA Report disclosures to CE Document disclosures 13
14 Business Associates Agreement (BAA): Elements Designates BA may use PHI for data aggregation BA may use PHI to report violations of law Notification of BA changes in PHI disclosure procedures Notification of BA of PHI use or disclosure Term and termination provision Provision that BAA applies to subcontractor BA returns or destroys PHI; retain no copies (Or, if return not feasible, specify conditions) 14
15 Business Associates (BAs): Violations HITECH deems a BA to violate HIPAA if BA Knows of a pattern of activity of practice Breaches their Business Associates Agreement (BAA) BA fails to cure the breach, terminate the BAA or report the non-compliance 15
16 Security Rules BAs + Subcontractors should already have in place security practices that either comply with the HIPAA Security Rule, or that only require modest improvements to come into compliance CEs and BAs must review and modify security measures to ensure the continued provision of "reasonable and appropriate" protection of PHI Specifies that the BA secure assurances of adherence from Subcontractors, not the CE Subcontractor of a BA must report security incidents, including breaches, to its BA 16
17 PHI Breaches + Notification Defines that improper use or disclosure of PHI should be considered a breach that would trigger official notification requirements unless the organization in question carries out a risk assessment and determines otherwise Applies to unsecured PHI not rendered unusable, unreadable or indecipherable 17
18 PHI Breaches + Notification Changes definition for required notification of breaches 2009: Requirement was to notify of a breach if there was significant risk of harm to the individual 2013: Any acquisition, access, use or disclosure of PHI that is not permitted under HIPAA is deemed a breach, unless the covered entity or Business Associate can demonstrate, using a 4-factor assessment, that there is a low probability that PHI has been compromised Used to be the risk of harm was the threshold when determining a breach occurred Now the Office for Civil Rights (OCR) uses presumption of a breach as the threshold, making it more likely to be required to notify of a PHI breach 18
19 Common Breaches Impermissible use and disclosure of PHI Lack of safeguards of PHI Lack of patient access to PHI Complaints about the CE to HHS 19
20 Breach Notification: Assessment 4 factors must be assessed 1. Nature and extent of the PHI involved, including types of identifiers and the likelihood of re-identification 2. The unauthorized person who used the PHI or to whom the disclosure was made 3. Whether the PHI was actually acquired or viewed 4. Extend to which the risk to the PHI has been mitigated If assessment of factors fails to show a low probability that the PHI has been compromised, breach notification is required 20
21 Breach Notification: Examples Example 1: A laptop computer was stolen and recovered, and analysis shows the PHI on the computer was never accessed, viewed, transferred, acquired or compromised in any way Example 2: Credit card numbers and social security numbers were included on the laptop, and analysis shows the data was transferred 21
22 Breach Notification: Obligations Notify impacted individuals written in plain language by written notice by first class mail (or if agreed by individual) to include: Description of how breach occurred Date of breach + breach discovery Description of compromised PHI (Data fields) Steps individuals can take to protect themselves from resulting harm Steps CE is taking to resolve and protect against further breaches Contact info of the Privacy Officer Also notify by phone or other means for urgent situations Minors: Notify parent or designated guardian Diseased: Notify next of kin Disclosure of SSN: Check with state 22
23 Breach Notification: Obligations Notify Secretary of HHS Breaches involving more than 500 individuals - Submit notification online: - No later than 60 days after discovery Breaches involving less than 500 idividuals - Should be documented and submitted annually to HHS - Documentation of breaches should be maintained for 6 years from the last breach Notify media If involves more than 500 residents of state or jurisdiction Must be prominent media outlet No later than 60 days after discovery 23
24 Audits, Consequences + Penalties Violation Civil Money Penalties per Violation All Violations in a Calendar Year Did Not Know $100 to $50K $1.5M Reasonable Cause $1K to $50K $1.5M Willful Neglect: Corrected $10K to $50K $1.5M Willful Neglect: Not Corrected $50K $1.5M 24
25 Avoiding HIPAA Consequences Read the full rule Modify and redistribute your individual Notice of Privacy Practices Amend BAAs to add security and privacy provisions and reissue for signature Do a test run before ever encountering a breach Complete a Security Risk Assessment Identify gaps + fix Document policies + procedures Create an action plan for breaches Conduct regular internal audits Have your BAAs handy; alert your BAs Establish audit reports, schedule + print Train staff 25
26 Surviving a HIPAA Audit Audits have been rare; tend to occur with breach notification Initial document request period: 10 days Audits process entails: Site visit: Interview stakeholders and exam of health information systems Site audit report: Physical safeguards, daily operations, adherence to policies and HIPAA compliance Remediation: Identify gaps and prioritize fixes; CEs should start immediate good faith effort If you ve prepared + documented it, you ll show a good faith effort 26
27 MicroMD HIPAA Compliance + Support BAAs Secure signed BAAs from each client Provide you with a signed BAA from MicroMD Secure signed BAAs from each MicroMD vendor + subcontractor HIPAA Compliance Officer: Linda Spinelli: Maintain HIPAA-compliant Policies Procedures Training Security Encrypted HIPAA-compliant data security for MicroMD Cloud data center Offer HIPAA-compliant ebackup service for non-cloud data back up Auditing Audit logs to track and document HIPAA-related items Client Support for questions regarding audit documentation 27
28 HIPAA Resources Federal Register HIPAA Final Rule, Jan 2013: (138 Pages) HIPAA Survival Guide: AMA Summary: 28
29 HIPAA Omnibus Rule Practice Impact 29
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
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
OCR UPDATE Breach Notification Rule & Business Associates (BA)
OCR UPDATE Breach Notification Rule & Business Associates (BA) Alicia Galan Supervisory Equal Opportunity Specialist March 7, 2014 HITECH OMNIBUS A Reminder of What s Included: Final Modifications of the
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
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
New HIPAA Breach Notification Rule: Know Your Responsibilities. Loudoun Medical Group Spring 2010
New HIPAA Breach Notification Rule: Know Your Responsibilities Loudoun Medical Group Spring 2010 Health Information Technology for Economic and Clinical Health Act (HITECH) As part of the Recovery Act,
Legislative & Regulatory Information
Americas - U.S. Legislative, Privacy & Projects Jurisdiction Effective Date Author Release Date File No. UFS Topic Citation: Reference: Federal 3/26/13 Michael F. Tietz Louis Enahoro HIPAA, Privacy, Privacy
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,
Dissecting New HIPAA Rules and What Compliance Means For You
Dissecting New HIPAA Rules and What Compliance Means For You A White Paper by Cindy Phillips of CMIT Solutions and Kelly McClendon of CompliancePro Solutions TABLE OF CONTENTS Introduction 3 What Are the
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
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,
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
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
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
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
This form may not be modified without prior approval from the Department of Justice.
This form may not be modified without prior approval from the Department of Justice. Delete this header in execution (signature) version of agreement. HIPAA BUSINESS ASSOCIATE AGREEMENT This Business Associate
FIVE EASY STEPS FOR HANDLING NEW HIPAA REQUIREMENTS & MANAGING YOUR ELECTRONIC COMMUNICATIONS
FIVE EASY STEPS FOR HANDLING NEW HIPAA REQUIREMENTS & MANAGING YOUR ELECTRONIC COMMUNICATIONS James J. Eischen, Jr., Esq. October 2013 Chicago, Illinois JAMES J. EISCHEN, JR., ESQ. Partner at Higgs, Fletcher
HIPAA Information. Who does HIPAA apply to? What are Sync.com s responsibilities? What is a Business Associate?
HIPAA Information Who does HIPAA apply to? HIPAA applies to all Covered Entities (entities that collect, access, use and/or disclose Protected Health Data (PHI) and are subject to HIPAA regulations). What
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
OCR Reports on the Enforcement. Learning Objectives 4/1/2013. HIPAA Compliance/Enforcement (As of December 31, 2012) HCCA Compliance Institute
OCR Reports on the Enforcement of the HIPAA Rules HCCA Compliance Institute April 22, 2013 David Holtzman Sr. Health IT & Privacy Specialist U.S. Department of Health and Human Services Office for Civil
OCR Reports on the Enforcement. Learning Objectives
OCR Reports on the Enforcement of the HIPAA Rules HCCA Compliance Institute April 22, 2013 David Holtzman Sr. Health IT & Privacy Specialist U.S. Department of Health and Human Services Office for Civil
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
Implementation Business Associates and Breach Notification
Implementation Business Associates and Breach Notification Tony Brooks, CISA, CRISC, Tony.Brooks@horne-llp.com Clay J. Countryman, Esq., Clay.Countryman@bswllp.com Stephen M. Angelette, Esq., Stephen.Angelette@bswllp.com
Trust 9/10/2015. Why Does Privacy and Security Matter? Who Must Comply with HIPAA Rules? HIPAA Breaches, Security Risk Analysis, and Audits
HIPAA Breaches, Security Risk Analysis, and Audits Derrick Hill Senior Health IT Advisor Kentucky REC Why Does Privacy and Security Matter? Trust Who Must Comply with HIPAA Rules? Covered Entities (CE)
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
Business 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
HHS Issues New HITECH/HIPAA Rule: Implications for Hospice Providers
Compliance Tip Sheet National Hospice and Palliative Care Organization www.nhpco.org/regulatory HHS Issues New HITECH/HIPAA Rule: Implications for Hospice Providers Hospice Provider Compliance To Do List
FEDERAL AND STATE BREACH NOTIFICATION LAWS FOR CALIFORNIA
APPENDIX PR 12-A FEDERAL AND STATE BREACH NOTIFICATION LAWS FOR CALIFORNIA LEGAL CITATION California Civil Code Section 1798.82 California Health and Safety (H&S) Code Section 1280.15 42 U.S.C. Section
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
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
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
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:
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
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
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
Am I a Business Associate? Do I want to be a Business Associate? What are my obligations?
Am I a Business Associate? Do I want to be a Business Associate? What are my obligations? Brought to you by Winston & Strawn s Health Care Practice Group 2013 Winston & Strawn LLP Today s elunch Presenters
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
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
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,
Business Associate Agreement Involving the Access to Protected Health Information
School/Unit: Rowan University School of Osteopathic Medicine Vendor: Business Associate Agreement Involving the Access to Protected Health Information This Business Associate Agreement ( BAA ) is entered
HIPAA Privacy, Security, Breach, and Meaningful Use. CHUG October 2012
HIPAA Privacy, Security, Breach, and Meaningful Use Practice Requirements for 2012 CHUG October 2012 The Health Insurance Portability and Accountability Act of 1996 (HIPAA) Standards for Privacy of Individually
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
HIPAA Changes 2013. Mike Jennings & Jonathan Krasner BEI For MCMS 07/23/13
HIPAA Changes 2013 Mike Jennings & Jonathan Krasner BEI For MCMS 07/23/13 BEI Who We Are DC Metro IT Service Provider since 1987 Network Design/Upgrade Installation/Managed IT Services for small to medium-sized
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
HIPAA OMNIBUS RULE: EXPANDED COMPLIANCE REQUIREMENTS
HIPAA OMNIBUS RULE: EXPANDED COMPLIANCE REQUIREMENTS James J. Eischen, Jr., Esq. November 2013 San Diego, California JAMES J. EISCHEN, JR., ESQ. Partner at Higgs, Fletcher & Mack, LLP 26+ years of experience
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
Why Lawyers? Why Now?
TODAY S PRESENTERS Why Lawyers? Why Now? New HIPAA regulations go into effect September 23, 2013 Expands HIPAA safeguarding and breach liabilities for business associates (BAs) Lawyer is considered a business
HIPAA BUSINESS ASSOCIATE AGREEMENT
HIPAA BUSINESS ASSOCIATE AGREEMENT This HIPAA Business Associate Agreement ("BA AGREEMENT") supplements and is made a part of any and all agreements entered into by and between The Regents of the University
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
BUSINESS ASSOCIATE AGREEMENT
BUSINESS ASSOCIATE AGREEMENT This Agreement ( Agreement ) is made and entered into this day of [Month], [Year] by and between [Business Name] ( Covered Entity ), [Type of Entity], whose business address
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
Disclaimer: Template Business Associate Agreement (45 C.F.R. 164.308)
HIPAA Business Associate Agreement Sample Notice Disclaimer: Template Business Associate Agreement (45 C.F.R. 164.308) The information provided in this document does not constitute, and is no substitute
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
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
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
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
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
Lessons Learned from Recent HIPAA and Big Data Breaches. Briar Andresen Katie Ilten Ann Ladd
Lessons Learned from Recent HIPAA and Big Data Breaches Briar Andresen Katie Ilten Ann Ladd Recent health care breaches Breach reports to OCR as of February 2015 1,144 breaches involving 500 or more individual
Are You Still HIPAA Compliant? Staying Protected in the Wake of the Omnibus Final Rule Click to edit Master title style.
Are You Still HIPAA Compliant? Staying Protected in the Wake of the Omnibus Final Rule Click to edit Master title style March 27, 2013 www.mcguirewoods.com Introductions Holly Carnell McGuireWoods LLP
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
HIPAA Privacy & Breach Notification Training for System Administration Business Associates
HIPAA Privacy & Breach Notification Training for System Administration Business Associates Barbara M. Holthaus privacyofficer@utsystem.edu Office of General Counsel University of Texas System April 10,
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
HIPAA in an Omnibus World. Presented by
HIPAA in an Omnibus World Presented by HITECH COMPLIANCE ASSOCIATES IS NOT A LAW FIRM The information given is not intended to be a substitute for legal advice or consultation. As always in legal matters
HIPAA BUSINESS ASSOCIATE AGREEMENT
HIPAA BUSINESS ASSOCIATE AGREEMENT This Business Associate Agreement ( BAA ) is effective ( Effective Date ) by and between ( Covered Entity ) and Egnyte, Inc. ( Egnyte or Business Associate ). RECITALS
SaaS. Business Associate Agreement
SaaS Business Associate Agreement This Business Associate Agreement ( BA Agreement ) becomes effective pursuant to the terms of Section 5 of the End User Service Agreement ( EUSA ) between Customer ( Covered
BUSINESS ASSOCIATE AGREEMENT
BUSINESS ASSOCIATE AGREEMENT 1. DEFINITIONS: 1.1 Undefined Terms: Terms used, but not otherwise defined, in this Agreement shall have the same meaning as those terms defined by the Health Insurance Portability
Security Is Everyone s Concern:
Security Is Everyone s Concern: What a Practice Needs to Know About ephi Security Mert Gambito Hawaii HIE Compliance and Privacy Officer July 26, 2014 E Komo Mai! This session s presenter is Mert Gambito
HIPAA and HITECH Compliance Under the New HIPAA Final Rule. HIPAA Final Omnibus Rule ( Final Rule )
HIPAA and HITECH Compliance Under the New HIPAA Final Rule Presented Presented by: by: Barry S. Herrin, Attorney CHPS, Name FACHE Smith Smith Moore Moore Leatherwood Leatherwood LLP LLP Atlanta Address
BUSINESS ASSOCIATE AGREEMENT ( BAA )
BUSINESS ASSOCIATE AGREEMENT ( BAA ) Pursuant to the terms and conditions specified in Exhibit B of the Agreement (as defined in Section 1.1 below) between EMC (as defined in the Agreement) and Subcontractor
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
Lawyers as HIPAA Business Associates
9/25/13 Lawyers as HIPAA Business Associates ISBA Solo and Small Firm Conference October 4, 2013 Rick L. Hindmand McDonald Hopkins LLC 1 Agenda Background HIPAA/HITECH Act/Omnibus Rule Who is a business
You Probably Don t Even Know
You Probably Don t Even Know That You Need To Comply With HIPAA In Collaboration With: About ERM About The Speaker Stephen Siegel, Esq., Of Counsel, Broad and Cassel Board Certified Health Law Over 25
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
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
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
A How-To Guide for Updating HIPAA Policies & Procedures to Align with ARRA Health Care Provider Edition Version 1
A How-To Guide for Updating HIPAA Policies & Procedures to Align with ARRA Health Care Provider Edition Version 1 Policy and Procedure Templates Reflects modifications published in the Federal Register
Health Information Privacy Refresher Training. March 2013
Health Information Privacy Refresher Training March 2013 1 Disclosure There are no significant or relevant financial relationships to disclose. 2 Topics for Today State health information privacy law Federal
Breaches. Complying with the HIPAA Omnibus Final Rule. Important Definitions. Protected Health Information Includes HIPAA PRIVACY 3/2/2014
Breaches Complying with the HIPAA Omnibus Final Rule You Can Be Successful! Advocate Medical Group in Chicago had 4 desktop computers taken in a burglary that contained the personal information of over
New HIPAA regulations require action. Are you in compliance?
New HIPAA regulations require action. Are you in compliance? Mary Harrison, JD Tami Simon, JD May 22, 2013 Discussion topics Introduction Remembering the HIPAA Basics HIPAA Privacy Rules HIPAA Security
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
BUSINESS ASSOCIATE AGREEMENT. Recitals
BUSINESS ASSOCIATE AGREEMENT This Agreement is executed this 8 th day of February, 2013, by BETA Healthcare Group. Recitals BETA Healthcare Group consists of BETA Risk Management Authority (BETARMA) and
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
Enclosure. Dear Vendor,
Dear Vendor, As you may be aware, the Omnibus Rule was finalized on January 25, 2013 and took effect on March 26, 2013. Under the Health Insurance Portability & Accountability Act (HIPAA) and the Omnibus
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
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
Understanding HIPAA Privacy and Security Helping Your Practice Select a HIPAA- Compliant IT Provider A White Paper by CMIT Solutions
Understanding HIPAA Privacy and Security Helping Your Practice Select a HIPAA- Compliant IT Provider A White Paper by CMIT Solutions Table of Contents Understanding HIPAA Privacy and Security... 1 What
HIPAA Privacy and Security Rules: A Refresher. Marilyn Freeman, RHIA California Area HIPAA Coordinator California Area HIM Consultant
HIPAA Privacy and Security Rules: A Refresher Marilyn Freeman, RHIA California Area HIPAA Coordinator California Area HIM Consultant Objectives Provide overview of Health insurance Portability and Accountability
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
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
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
HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA) TERMS AND CONDITIONS FOR BUSINESS ASSOCIATES
HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA) TERMS AND CONDITIONS FOR BUSINESS ASSOCIATES I. Overview / Definitions The Health Insurance Portability and Accountability Act is a federal law
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
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
HIPAA Compliance, Notification & Enforcement After The HITECH Act. Presenter: Radha Chanderraj, Esq.
HIPAA Compliance, Notification & Enforcement After The HITECH Act Presenter: Radha Chanderraj, Esq. Key Dates Publication date January 25, 2013 Effective date - March 26, 2013 Compliance date - September
H I P AA B U S I N E S S AS S O C I ATE AGREEMENT
H I P AA B U S I N E S S AS S O C I ATE AGREEMENT This HIPAA BUSINESS ASSOCIATE AGREEMENT (the BAA ) is entered into by and between Opticare of Utah, Inc. ( Covered Entity ), and,( Business Associate ).
UPDATES FOR MEDICAL PRACTICES: RED FLAGS AND IDENTITY THEFT AND HIPAA PRIVACY CHANGES (FROM HITECH)
UPDATES FOR MEDICAL PRACTICES: RED FLAGS AND IDENTITY THEFT AND HIPAA PRIVACY CHANGES (FROM HITECH) March 2011 Presentation by Jennifer L. Cox, J.D. Red Flags Rollback Red flags is going going and not
Ethics, Privilege, and Practical Issues in Cloud Computing, Privacy, and Data Protection: HIPAA February 13, 2015
Ethics, Privilege, and Practical Issues in Cloud Computing, Privacy, and Data Protection: HIPAA February 13, 2015 Katherine M. Layman Cozen O Connor 1900 Market Street Philadelphia, PA 19103 (215) 665-2746
HHS announces sweeping changes to the HIPAA Privacy and Security Rules in the final HIPAA Omnibus Rule
JANUARY 23, 2013 HHS announces sweeping changes to the HIPAA Privacy and Security Rules in the final HIPAA Omnibus Rule By Linn Foster Freedman, Kathryn M. Sylvia, Lindsay Maleson, and Brooke A. Lane On
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
HIPAA Compliance Guide
HIPAA Compliance Guide Important Terms Covered Entities (CAs) The HIPAA Privacy Rule refers to three specific groups as covered entities, including health plans, healthcare clearinghouses, and health care