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HIPAA Flash Newsletter

FIRST QUARTER 2010

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HIPAA Flash Newsletter
In this Issue



Advice

Some have referred to it as HIPAA 2.0 - I’m not sure I agree it’s such a radical departure from the guidelines we’ve all been living under since 2003 - but it’s certainly received lots of attention. 

The major sea change is really for Business Associates - and that’s a good thing.  Business Associates have always been the weak link in the chain with regard to HIPAA and the protections it’s supposed to offer individuals. The responsibilities are no longer murky - Business Associates should (for all practicable purposes) protect PHI in the same manner as covered entities. Business Associate agreements have always said this - but now the regulations have removed much of the gray and put penalties in place to enforce this approach. Transparency is the other theme of the changes. 

If there is a breach - you should know about it, notify impacted individuals and any state/federal agencies depending on the size of the breach. Unsecured PHI could become a VERY expensive liability. Finally - take note of the article about the frustration of individuals trying to access their health information. I suspect the enforcement agencies are going to be paying closer attention to this issue over the course of time.


HIPAA Horror Stories

Connecticut Sues HealthNet Insurance

Computer Medical Records Stolen Kaiser

Hospital Employee Sentenced


HIPAA Courses & Manuals

HIPAA HITECH is coming Feburary 18th - are you and your staff prepared?

We have the courses and manuals you need in order to comply with this now regulation. 2010 Course Catalog >>>


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Welcome to the Fourth Quarter 2010 edition of our HIPAA Flash Newsletter.

As the new decade begins, there are new HIPAA compliance deadlines to which all organizations must pay close attention. After February 17, 2010, all Business Associates that handle patient health data and files that are not in compliance with current HIPAA privacy and security regulations may face penalties. Read the advice column for more information.

In recent news, patients question why they can’t receive their health data; the non-profit Patient Privacy Rights Foundation explores HIPAA privacy, and healthcare continues to see a rise in fraud and abuse.

Begin 2010 with staff compliance training, whether its refresher or new training, before you get caught in a breach.


Patients Demand Health Data


(CNN) -- For five days as her husband lay in his hospital bed suffering from kidney cancer, Regina Holliday begged doctors and nurses for his medical records, and for five days she never received them. On the sixth day, her husband needed to be transferred to another hospital -- without his complete medical records.

"When Fred arrived at the second hospital, they couldn't give him any pain medication because they didn't know what drugs he already had in his system, and they didn't want to overdose him," says Holliday, who lives in Washington. "For six hours he was in pain, panicking, while I ran back to the first hospital and got the rest of the records."


Meaningful Use & Privacy


In contrast to those who think that the “meaningful use” proposed rule that the CMS released goes too far, Deborah Peel, the founder the not-for-profit Patient Privacy Rights Foundation, said the rules don’t go far enough. Specifically, she said, the rule-makers left out key requirements providers need to abide by both old and new privacy laws.

Peel, an Austin, Texas psychiatrist, said that for years federal law has required the keepers of medical records of federally funded programs for mental health and alcohol- and drug-abuse treatment to obtain a patient’s consent before those records were moved or shared.


Fraudsters in Healthcare


NEW YORK (CNNMoney.com) -- There's a group of people who really love the U.S. health care system -- the fraudsters, scammers and organized criminal gangs who are bilking the system of as much as $100 billion a year.

Health care identity theft dominated all other crimes in the sector last year, according to Louis Saccoccio, executive director of the National Health Care Anti-Fraud Association (NHCAA), an advocacy group whose members include insurers, law enforcement and regulatory agencies.


Risk Mitigation Through Staff Training


HIPAA HITECH – Starting February 18, 2010 all Business Associates must be fully compliant with current HIPAA Privacy and Security regulations or face penalties. Train yourself and staff on these important updates with our newly revised online education and manuals. More Details >>>

Fraud & Abuse – Teach employees to recognize and respond to healthcare fraud and abuse before it happens in your organization. More Details >>>

Sexual Harassment – As required by the federal government, all organizations must train their employees how to mitigate and report sexual harassment in the workplace. Meet these requirements with BridgeFront’s two new courses, coming soon.

Customer Service Skills Library – From telephone to face-to-face skills, train your frontline staff members to exceed patient and customer expectations with BridgeFront's new course library, coming soon.


New HIPAA Changes


Privacy rule changes set to go into effect in 2010 could catch some health care staff off guard — and leave organizations at risk.

The changes extend HIPAA privacy and security requirements to associated businesses that handle patient health data and files.

But only about one-third of those businesses realize the new rules would cover them. That’s just one of the findings from a recent survey by the Healthcare Information and Management Systems Society.


Stolen Technology Affects 220,000


Computer hard drives stolen from a Blue Cross and Blue Shield of Tennessee closet in Chattanooga contain personal information on 220,000 members, and that count could more than double, an ongoing investigation shows.

About 500,000 members, including some in other states, could eventually be identified as facing a risk of identity theft.

So far, there is no evidence that any stolen customer data has been used. Police have said the equipment is highly specialized and investigators are looking for any hint of it being offered for exchange or for sale.


The HIPAA Flash is an opt-in HIPAA newsletter. The content is for informational purposes only. Nothing herein constitutes legal advice - if you need legal advice, please consult a competent attorney.

HIPAA Solutions Rx is your best source for compliance workbooks, online training, network scanning tools, backup facilities, certifications, consulting ... HIPAA from A to Z. For the most complete suite of HIPAA compliance products available, visit: www.hipaarx.net or call us at 1-866-447-2211.

HIPAA Solutions is a BridgeFront company. For training in OSHA, JCAHO, Nurse CE, Long Term Care, Revenue Cycle Management and much more, visit www.bridgefront.com.

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