Trust 9/10/2015. Why Does Privacy and Security Matter? Who Must Comply with HIPAA Rules? HIPAA Breaches, Security Risk Analysis, and Audits
|
|
- Mary Tucker
- 8 years ago
- Views:
Transcription
1 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) and Business Associate (BA) CE includes Health care providers who conduct certain standard administrative and financial transactions in electronic form, including doctors, clinics, hospitals, nursing home and pharmacies. Health plans. Health care clearinghouses 1
2 Who Must Comply with HIPAA Rules? Continued BA includes A person or entity, other than a workforce member, who performs certain functions or activities on your behalf, or provides certain services to or for you, when the services involve the access to, or the use or disclosure of, PHI. What constitutes PHI? HIPAA provides a list of 18 identifiers that constitute PHI. Any one of these identifiers in a dataset that could reasonably be used to identify an individual is considered PHI. You must= What is a Breach? Final rule defines breach to mean, generally, the unauthorized acquisition, access, use, or disclosure of protected health information which compromises the security or privacy of such information. 2
3 New - Breach Risk Assessment An acquisition, access, use, or disclosure of PHI is presumed to be a breach unless the CE or BA, as applicable, demonstrates that there is a low probability that the PHI has been compromised based on a risk assessment of at least four factors Breach Risk Assessment Factors 1. The nature and extent of the PHI involved 2. The unauthorized person who used the PHI or whom it was disclosed to 3. Whether the PHI was actually acquired or viewed 4. The extent to which the PHI has been mitigated Breach Risk Assessment Factors 1. The nature and extent of the PHI involved 2. The unauthorized person who used the PHI or whom it was disclosed to 3. Whether the PHI was actually acquired or viewed 4. The extent to which the PHI has been mitigated Was PHI unsecured? Was PHI more than the minimum? Does the breach pose significant risk of compromise? Did improper use/disclosure only include name? 3
4 Breach Risk Assessment Factors 1. The nature and extent of the PHI involved 2. The unauthorized person who used the PHI or whom it was disclosed to 3. Whether the PHI was actually acquired or viewed 4. The extent to which the PHI has been mitigated To whom was the information disclosed (or made accessible)? Who misused the information? What information was it? And how much PHI was involved? Was the access or disclosure intentional for self-serving, malicious, or harmful reasons? Did the violation involve: Covered entity Another patient Non-covered entity/business Breach Risk Assessment Factors 1. The nature and extent of the PHI involved 2. The unauthorized person who used the PHI or whom it was disclosed to 3. Whether the PHI was actually acquired or viewed 4. The extent to which the PHI has been mitigated For example: If a laptop was stolen and later recovered and a forensic analysis shows that the PHI on the computer was never compromised, then probability of low risk In contrast, if envelopes were improperly labeled and PHI was mailed out to the wrong recipients then we can assume that the likelihood of it being viewed is high Breach Risk Assessment Factors 1. The nature and extent of the PHI involved 2. The unauthorized person who used the PHI or whom it was disclosed to 3. Whether the PHI was actually acquired or viewed 4. The extent to which the PHI has been mitigated What was done to mitigate the potential harm? Were immediate steps taken to mitigate the risk? Not further used or disclosed Immediately destroyed Immediately returned 4
5 Exclusions to Breach Unintentional disclosure- Applies to workforce members and BAs acting under CE Made in good faith and under the scope of authority No further disclosures made Inadvertent disclosure- Authorized individuals at CE or BA to another Person or entity covered by the BA No further disclosures made Good Faith Belief- that an unauthorized person to whom the disclosure was made would not reasonably have been able to retain such information. Real Life Examples Employee leaves USB flash drive in their car Dermatology Office Thief breaks into vehicle and takes the flash drive It was never recovered. 5
6 Dermatology Office OCR investigated to find Practice had not completed a thorough security risk analysis ~2,200 individual records on the flash drive No policies and procedures surrounding breach notification Along with a corrective action plan this practice settled with OCR on a $150,000 CMP Office for Civil Rights Radiation Oncology Practice Employee laptop was stolen from car PHI on the laptop was unencrypted 55,000 individual records in all Radiation Oncology Practice OCR investigated to find Practice had not completed a thorough security risk analysis Policies and procedures did not exist for taking hardware and disks containing PHI out of the office Along with a corrective action plan this practice settled with OCR on a $750,000 CMP Office for Civil Rights 6
7 Managed Care Organization Uses a technology company to lease business equipment Return a leased copy machine CBS Evening News was doing a report on data left on copiers Managed Care Organization OCR investigated to find Practice had not completed a thorough security risk analysis No policies and procedures surrounding leased equipment Individual at 344,579 Along with a corrective action plan this MCO settled with OCR on a $1,215,780 CMP Office for Civil Rights Used an internet-based document sharing application to store PHI PHI was unsecured Along with a stolen laptop and USB flash drive the following year Devices contained unencrypted PHI Medical Center 7
8 Managed Care Organization OCR investigated to find Did not complete a risk analysis for storing data on a cloud source Disclosed 1,093 individuals PHI Failed to timely respond to the security incident Along with a corrective action plan this Medical Center settled with OCR on a $218,400 CMP Office for Civil Rights Breach Breakdown Breach Breakdown How do you avoid this list? 8
9 Security Risk Analysis Meaningful Use Objective Conduct or review a security risk analysis in accordance with the requirements under 45 CFR (a)(1), including addressing the encryption/security of data at rest and implement security updates as necessary and correct identified security deficiencies as part of risk management process What is a Risk Analysis? Systematic and ongoing process of: Identifying and examining potential threats and vulnerability to PHI Implementing changes to make PHI more secure, then monitoring results Process should provide detailed understanding of risk to: confidentiality, integrity, and availability of ephi 9
10 Why Conduct a Risk Analysis? Required component of Meaningful Use & HIPAA Identify non-compliance of HIPAA and other rules and regulations Identify threats and vulnerabilities Identify weaknesses that could result in unauthorized disclosures or breaches Improve processes when handling PHI Step 1: System Characterization Risk Analysis Steps Step 2: Threat Identification Step 3: Vulnerability Identification Step 4: Control Analysis Step 5: Likelihood Determination Step 6: Impact Analysis Step 7: Risk Determination Step 8: Control Recommendations Step 9: Results Documentation Step 1: System Characterization Identifies which information assets need protection based on criticality to the business and/or because ephi is processed, transmitted, or stored on the system 10
11 Step 2: Threat Identification Threat = Any potential event that can adversely impact organizational operations and assets involving protected health information Maintain, Transmit, Process, Access Consider realistic, probable human, environmental, and natural incidents that can have a negative impact on an organizations ability to protect ephi Step 3: Vulnerability Identification Vulnerability = Flaws or weaknesses in an information system, system security procedures, internal controls, or implementation that could be exploited by a threat source. Develop a list of vulnerabilities Focus on areas where ephi can be disclosed without proper authorization, improperly modified, or made unavailable when needed. Step 4: Control Analysis Determine if the implemented or planned security controls will minimize or eliminate risks to ephi 11
12 Step 5: Likelihood Determination Evaluate the likelihood/probability of a threat occurring that can cause or trigger an adverse event Step 6: Impact Analysis Evaluate the impact/effect that an adverse event would have on an organization if a vulnerability were exploited Step 7: Risk Determination Risk = The potential impact that a given threat will exploit the vulnerabilities of assets (such as an information system) and thereby cause harm to an organization. Assess level of risk to the organization Risk is based off of values assigned to the likelihood and impact of a threat occurrence 12
13 Step 8: Control Recommendations For identified vulnerabilities, evaluate what needs to be done to reduce the level of risk to the IT system and its data to an acceptable level Step 9: Results Documentation Results Documentation is critical in proving that the risk analysis was performed. The HIPAA Security Rule does not specify the type of documentation required. HIPAA requires documentation of the risk analysis to be retained for six years. OCR HIPAA Audits 13
14 OCR Audits In addition to Meaningful Use Audits, you may also be audited by the Office of Civil Rights (OCR) for HIPAA compliance HITECH Act requires HHS to conduct periodic audits to ensure covered entities and business associates are meeting HIPAA compliance requirements Office for Civil Rights Pilot audit program completed Dec initial audits OCR Audits Audits concentrate on adherence to three rules: HIPAA Privacy Rule Security Rule Breach Notification Rule Office for Civil Rights Why Care About OCR Audit? Federal mandate Federal penalties (up to $1.5 million) State fines Reputation risk Business risk Legal costs Notification costs Increased number of breaches/attacks Loss of contracts Criminal and civil investigation 14
15 OCR Audit Protocol 169 total audit procedures 81 privacy audit procedures 78 security audit procedures 10 breach notification procedures Auditee Selection Criteria Covered entities of all sizes and types: Healthcare Providers Healthcare Plans Healthcare Clearinghouses Business Associates (subject to audits as of 2013) Random selection based on multiple factors: Public vs. Private Size (level of revenues/assets, # of patients/employees, use of HIT) Affiliation with other healthcare organizations Geography Type of entity and relationship to patient care Types of Entities Level 1 Level 2 Level 3 Level 4 Large provider/payer Use of HIT: extensive Revenues and/or assets greater than $1 billion Large regional hospital systems Paper and HIT enabled work flows Revenues/assets between $300 and $1 billion Community hospitals, outpatient surgery, regional pharmacy Use of HIT: mostly paper-based Revenues between $50 and $300 million Small providers: provider practices, community/rural pharmacy Use of HIT: little or none Revenues < $50 million 15
16 Pilot Program: Entity Size & Type Level 1 Level 2 Level 3 Level 4 Total Health Plans Healthcare Providers Healthcare Clearinghouses Total Pilot Program: Findings HIPAA Rule Most Cited in Findings Pilot Program: Findings Types of Security Rule Findings 16
17 Pilot Program: Findings Breach Notification: 500+ Breaches by Type Civil Monetary Penalties (CMPs) Violation Category Each Violation All Identical Violations per Calendar Year Did Not Know $100-$50,000 $1,500,000 Reasonable Cause $1,000-$50,000 $1,500,000 Willful Neglect- Corrected $10,000-$50,000 $1,500,000 Willful Neglect- Not Corrected $50,000 $1,500,000 HIPAA Compliance/Enforcement *As of May 2015 Audit fines could result in $50,000 per violation and up to $1.5 million per violation of an identical provision in a single calendar year. 1 in 3 HIPAA complaints were investigated by the Office of Civil Rights (OCR). 1 in 5 breaches were due to unauthorized access and theft or loss of encrypted devices million patient health records have been compromised in HIPAA data breaches since
18 What Now?? In 2013, OIG criticized OCR s enforcement of the HIPAA Security Rule as mandated by HITECH Business Associates will be subject to audits OCR received permission to use collected CMPs to increase enforcement efforts 2015 Audits Common Audit Mistakes Failure to keep up with regulatory requirements No documented security program A reactive approach to audit Assumptions regarding business associates agreements A checkbox approach to compliance Are You Prepared? Deven McGraw, OCR Director Expects complaints to increase 90% in 2015 New Complaint Portal When asked about common mistakes by CEs: failure to perform a comprehensive, thorough risk analysis and then to apply the results of that analysis (OCR) will leverage more civil penalties in
19 Kentucky REC Can Help! Kentucky REC offers the following services performed by AHIMA Certified HIPAA Privacy & Security professionals: Security Risk Analysis addressing HITECH requirements for Meaningful Use Review of Administrative, Technical & Physical safeguards Remediation plan and timeline to eliminate or mitigate identified gaps HIPAA compliant sample policies Breach Notification 19
HIPAA Breaches, Security Risk Analysis, and Audits
HIPAA Breaches, Security Risk Analysis, and Audits Derrick Hill Senior Health IT Advisor Kentucky REC What cons?tutes PHI? HIPAA provides a list of 18 iden?fiers that cons?tute PHI. Any one of these iden?fiers
More informationWhy 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
More informationOverview 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 information12/19/2014. 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 information2/9/2012. 2012 HIPAA Privacy and Security Audit Readiness. Table of contents
2012 HIPAA Privacy and Security Audit Readiness Mark M. Johnson National HIPAA Services Director Table of contents Page Background 2 Regulatory Background and HITECH Impacts 3 Office of Civil Rights (OCR)
More informationCommunity 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 informationOCR 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
More informationOCR 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
More informationWhat s New with HIPAA? Policy and Enforcement Update
What s New with HIPAA? Policy and Enforcement Update HHS Office for Civil Rights New Initiatives Precision Medicine Initiative (PMI), including Access Guidance Cybersecurity Developer portal NICS Final
More informationHIPAA Update. Presented by: Melissa M. Zambri. June 25, 2014
HIPAA Update Presented by: Melissa M. Zambri June 25, 2014 Timeline of New Rules 2/17/09 - Stimulus Package Enacted 8/24/09 - Interim Final Rule on Breach Notification 10/7/09 - Proposed Rule Regarding
More informationHIPAA 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 information2012 HIPAA Privacy and Security Audits
Office of the Secretary Office for Civil Rights (OCR) 2012 HIPAA Privacy and Security Audits Linda Sanches OCR Senior Advisor, Health Information Privacy Lead, HIPAA Compliance Audits OCR 1 Agenda Background
More informationHIPAA 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 informationCOMPLIANCE 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 informationWhat 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 informationHIPAA Enforcement. Emily Prehm, J.D. Office for Civil Rights U.S. Department of Health and Human Services. December 18, 2013
Office of the Secretary Office for Civil Rights () HIPAA Enforcement Emily Prehm, J.D. Office for Civil Rights U.S. Department of Health and Human Services December 18, 2013 Presentation Overview s investigative
More informationHIPAA 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 informationHIPAA 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 informationData 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 informationAre 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
More informationHIPAA 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
More informationMy 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 informationOCR 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 informationUNDERSTANDING 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 informationBusiness Associate Management Methodology
Methodology auxilioinc.com 844.874.0684 Table of Contents Methodology Overview 3 Use Case 1: Upstream of s I manage business associates 4 System 5 Use Case 2: Eco System of s I manage business associates
More informationFIVE 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
More informationPatient Privacy and Security. Presented by, Jeffery Daigrepont
Patient Privacy and Security Presented by, Jeffery Daigrepont Jeffery Daigrepont, SVP No Financial Conflicts to Report Jeffery Daigrepont, Senior Vice President of The Coker Group, specializes in health
More informationHIPAA 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 informationHIPAA 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 informationInformation Security and Privacy. WHAT is to be done? HOW is it to be done? WHY is it done?
Information Security and Privacy WHAT is to be done? HOW is it to be done? WHY is it done? 1 WHAT is to be done? O Be in compliance of Federal/State Laws O Federal: O HIPAA O HITECH O State: O WIC 4514
More informationPresented by Jack Kolk President ACR 2 Solutions, Inc.
HIPAA 102 : What you don t know about the new changes in the law can hurt you! Presented by Jack Kolk President ACR 2 Solutions, Inc. Todays Agenda: 1) Jack Kolk, CEO of ACR 2 Solutions a information security
More informationThe Basics of HIPAA Privacy and Security and HITECH
The Basics of HIPAA Privacy and Security and HITECH Protecting Patient Privacy Disclaimer The content of this webinar is to introduce the principles associated with HIPAA and HITECH regulations and is
More informationHeather 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 informationPage 1. NAOP HIPAA and Privacy Risks 3/11/2014. Privacy means being able to have control over how your information is collected, used, or shared;
Page 1 National Organization of Alternative Programs 2014 NOAP Educational Conference HIPAA and Privacy Risks Ira J Rothman, CPHIMS, CIPP/US/IT/E/G Senior Vice President - Privacy Official March 26, 2014
More informationM 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 informationUpdated 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 informationTexas Medical Records Privacy Act (a.k.a. Texas House Bill 300)
Texas Medical Records Privacy Act (a.k.a. Texas House Bill 300) Ricky Link, Coalfire ISACA North Texas and IIA Fort Worth Chapters The Petroleum Club of Fort Worth March 4, 2014 1 About Coalfire Coalfire
More informationSecurity 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
More informationEnforcement of Health Information Privacy & Security Standards Federal Enforcement Through Recent Cases and Tools to Measure Regulatory Compliance
Enforcement of Health Information Privacy & Security Standards Federal Enforcement Through Recent Cases and Tools to Measure Regulatory Compliance Iliana Peters, JD, LLM, HHS Office for Civil Rights Kevin
More informationHIPAA 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
More informationHIPAA WEBINAR HANDOUT
HIPAA WEBINAR HANDOUT OCR Enforcement Tools Voluntary corrective action Resolution Agreement and Payment CMPs Referral to DOJ for criminal investigation Resolution Agreements Contract signed by HHS and
More information2016 OCR AUDIT E-BOOK
!! 2016 OCR AUDIT E-BOOK About BlueOrange Compliance: We specialize in healthcare information privacy and security solutions. We understand that each organization is busy running its business and that
More informationThe HIPAA Audit Program
The HIPAA Audit Program Anna C. Watterson Davis Wright Tremaine LLP The U.S. Department of Health and Human Services (HHS) was given authority, and a mandate, to conduct periodic audits of HIPAA 1 compliance
More informationHIPAA: Breach Notification By: Office of University Counsel For: Jefferson IRB Continuing Education. September 2014
HIPAA: Breach Notification By: Office of University Counsel For: Jefferson IRB Continuing Education September 2014 Introduction The HIPAA Privacy Rule establishes the conditions under which Covered Entities
More informationWhat 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 informationLessons 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
More informationHealth 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 informationPrivacy Officer Job Description 4/28/2014. HIPAA Privacy Officer Orientation. Cathy Montgomery, RN. Presented by:
HIPAA Privacy Officer Orientation Presented by: Cathy Montgomery, RN Privacy Officer Job Description Serve as leader Develop Policies and Procedures Train staff Monitor activities Manage Business Associates
More informationHIPAA Security Rule Compliance
HIPAA Security Rule Compliance Caryn Reiker MAXIS360 HIPAA Security Rule Compliance what is it and why you should be concerned about it Table of Contents About HIPAA... 2 Who Must Comply... 2 The HIPAA
More informationArizona State University. HIPAA Compliance. Audit Report Number 15-08. May 7, 2015
This page left blank intentionally. Summary The Health Insurance Portability and Accountability Act of 1996 (HIPAA) audit was included on the Arizona State University (ASU) FY 2015 annual audit plan approved
More informationNEW PERSPECTIVES. Professional Fee Coding Audit: The Basics. Learn how to do these invaluable audits page 16
NEW PERSPECTIVES on Healthcare Risk Management, Control and Governance www.ahia.org Journal of the Association of Heathcare Internal Auditors Vol. 32, No. 3, Fall, 2013 Professional Fee Coding Audit: The
More informationB. For example, a health system could own a hospital, medical groups and DME supplier and designate them as an ACE.
Kimberly Short Kirk and Brad Rostolsky I. HIPAA Implications of Physician-Hospital Integration As physicians and hospitals become increasing integrated, regulatory compliance is a key consideration. The
More informationUnderstanding 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
More informationHIPAA. New Breach Notification Risk Assessment and Sanctions Policy. Incident Management Policy. Focus on: For breaches affecting 1 3 individuals
HIPAA New Breach Notification Risk Assessment and Sanctions Policy Incident Management Policy For breaches affecting 1 3 individuals +25 individuals + 500 individuals Focus on: analysis documentation PHI
More informationTHE HIPAA TANGO CHOREOGRAPHING PRIVACY AND SECURITY UNDER THE FINAL RULE
THE HIPAA TANGO CHOREOGRAPHING PRIVACY AND SECURITY UNDER THE FINAL RULE The Speakers Cinda Velasco Attorney, Manager, Privacy Officer Patient Safety and Risk Management Trish Lugtu Senior Manager MMIC
More informationHIPAA 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 informationINFORMATION 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 informationNew 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
More informationInformation Protection Framework: Data Security Compliance and Today s Healthcare Industry
Information Protection Framework: Data Security Compliance and Today s Healthcare Industry Executive Summary Today s Healthcare industry is facing complex privacy and data security requirements. The movement
More informationHIPAA Security Risk Analysis for Meaningful Use
HIPAA Security Risk Analysis for Meaningful Use NOTE: Make sure your computer speakers are turned ON. Audio will be streaming through your speakers. If you do not have computer speakers, call the ACCMA
More informationData 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 informationSaaS. 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
More informationLessons Learned from HIPAA Audits
Lessons Learned from HIPAA Audits October 29, 2012 Tony Brooks, CISA, CRISC Partner - IT Assurance and Risk Services HORNE LLP AGENDA HIPAA/HITECH Regulations Breaches and Fines OCR HIPAA/HITECH Compliance
More informationHIPAA, 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 informationEverett 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 informationImplementation 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
More informationHIPAA 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,
More informationHIPAA and HITECH Compliance for Cloud Applications
What Is HIPAA? The healthcare industry is rapidly moving towards increasing use of electronic information systems - including public and private cloud services - to provide electronic protected health
More informationArt Gross President & CEO HIPAA Secure Now! How to Prepare for the 2015 HIPAA Audits and Avoid Data Breaches
Art Gross President & CEO HIPAA Secure Now! How to Prepare for the 2015 HIPAA Audits and Avoid Data Breaches Speakers Phillip Long CEO at Business Information Solutions Art Gross President & CEO of HIPAA
More informationThe 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 informationDecrypting the Security Risk Assessment (SRA) Requirement for Meaningful Use
Click to edit Master title style Decrypting the Security Risk Assessment (SRA) Requirement for Meaningful Use Andy Petrovich, MHSA, MPH M-CEITA / Altarum Institute April 8, 2015 4/8/2015 1 1 Who is M-CEITA?
More informationWhat is required of a compliant Risk Assessment?
What is required of a compliant Risk Assessment? ACR 2 Solutions President Jack Kolk discusses the nine elements that the Office of Civil Rights requires Covered Entities perform when conducting a HIPAA
More informationYou 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
More informationWelcome to ChiroCare s Fourth Annual Fall Business Summit. October 3, 2013
Welcome to ChiroCare s Fourth Annual Fall Business Summit October 3, 2013 HIPAA Compliance Regulatory Overview & Implementation Tips for Providers Agenda Green packet Overview of general HIPAA terms and
More informationOCR 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
More informationThe 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 informationHHS 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
More informationHIPAA Violations Incur Multi-Million Dollar Penalties
HIPAA Violations Incur Multi-Million Dollar Penalties Whitepaper HIPAA Violations Incur Multi-Million Dollar Penalties Have you noticed how many expensive Health Insurance Portability and Accountability
More informationHIPAA 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 informationPhilip L. Gordon, Esq. Littler Mendelson, P.C.
Beyond The Legal Requirements: Key Practical Issues in Negotiating Business Associate Agreements, Responding to a Breach of Unsecured PHI, and Understanding HHS Enforcement Philip L. Gordon, Esq. Littler
More informationHealth 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
More information8/3/2015. Integrating Behavioral Health and HIV Into Electronic Health Records Communities of Practice
Integrating Behavioral Health and HIV Into Electronic Health Records Communities of Practice Monday, August 3, 2015 1 How to ask a question during the webinar If you dialed in to this webinar on your phone
More informationSunday March 30, 2014, 9am noon HCCA Conference, San Diego
Meaningful Use as it Relates to HIPAA Compliance Sunday March 30, 2014, 9am noon HCCA Conference, San Diego CLAconnect.com Objectives and Agenda Understand the statutory and regulatory background and purpose
More informationData 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 informationDissecting 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
More informationHIPAA 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
More informationIowa Health Information Network (IHIN) Security Incident Response Plan
Iowa Health Information Network (IHIN) Security Incident Response Plan I. Scope This plan identifies the responsible parties and action steps to be taken in response to Security Incidents. IHIN Security
More informationHIPAA PRIVACY AND SECURITY FOR EMPLOYERS
HIPAA PRIVACY AND SECURITY FOR EMPLOYERS Agenda Background and Enforcement HIPAA Privacy and Security Rules Breach Notification Rules HPID Number Why Does it Matter HIPAA History HIPAA Title II Administrative
More informationCan 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 informationBreach 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 informationLessons Learned from Recent HIPAA Enforcement Actions, Breaches, and Audit. Iliana L. Peters, J.D., LL.M. April 23, 2014
Lessons Learned from Recent HIPAA Enforcement Actions, Breaches, and Audit Iliana L. Peters, J.D., LL.M. April 23, 2014 OCR RULEMAKING UPDATE What s Done? What s to Come? What s Done: Interim Final Rules
More informationHIPAA 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 informationBusiness 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 informationAre You Ready for an OCR Audit? Tom Walsh, CISSP Tom Walsh Consulting, LLC Overland Park, KS. What would you do? Session Objectives
Are You Ready for an OCR Audit? Tom Walsh, CISSP Tom Walsh Consulting, LLC Overland Park, KS What would you do? Your organization received a certified letter sent from the Office for Civil Rights (OCR)
More informationNetwork Security and Data Privacy Insurance for Physician Groups
Network Security and Data Privacy Insurance for Physician Groups February 2014 Lockton Companies While exposure to medical malpractice remains a principal risk MIKE EGAN, CPCU Senior Vice President Unit
More informationNew 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,
More information2011 2012 Aug. Sept. Oct. Nov. Dec. Jan. Feb. March April May-Dec.
The OCR Auditors are coming - Are you next? What to Expect and How to Prepare On June 10, 2011, the U.S. Department of Health and Human Services Office for Civil Rights ( OCR ) awarded KPMG a $9.2 million
More informationRaymond: Beyond Basic HIPAA - GSHA Convention 2-28-15 1 HIPAA HIPAA HIPAA. Financial. Carol Ann Raymond, MBA, Ed.S., CCC-SLP
Carol Ann Raymond, MBA, Ed.S., CCC-SLP Associate Clinical Professor/Clinic Director Department of Communication Sciences and Disorders Financial o Employed by the University of Georgia o Non-Financial
More informationStrategies for. Proactively Auditing. Compliance to Mitigate. Matt Jackson, Director Kevin Dunnahoo, Manager
Strategies for 1 Proactively Auditing HIPAA Security Compliance to Mitigate Risk Matt Jackson, Director Kevin Dunnahoo, Manager AHIA 32 nd Annual Conference August 25-28, 2013 Chicago, Illinois www.ahia.org
More informationVendor Management Challenges and Solutions for HIPAA Compliance. Jim Sandford Vice President, Coalfire
Vendor Management Challenges and Solutions for HIPAA Compliance Jim Sandford Vice President, Coalfire Housekeeping You may submit questions throughout the webinar using the question area in the control
More information