Be Compliant or Be Fined

Be compliant or be fined. While that statement may seem harsh and unforgiving, when it comes to protecting the privacy of your patients that is the only way to look at things. To help safeguard the medical information of patients, the government implemented the Health Insurance Portability and Accountability Act (HIPAA). This law requires a strict adherence to policies and regulations to ensure the protection of all patient data.

Anyone working within the medical profession knows the importance of staying up-to-date and compliant with all HIPAA rules and regulations. Unfortunately, for many in the medical profession that have to keep records up-to-date and ensure all decisions are HIPAA compliant, this is just one big task in a sea of never-ending stressors and work. This is why a policy management software such as The Guard is so useful to any office or hospital.

Just as any law, there are many changes that occur every year. As technology grows, so does the importance of complying with each of these changes. A well-built policy management tool will update as the laws change and offer checklists to ensure the entire office is in compliance with the strict HIPAA laws.

For those that fail to meet the requirements of HIPAA rules, strict punishment is enforced. Hospitals have been fined almost a quarter of a million dollars for failing to comply, as well as a host of other fines, fees, and stipulations. Even worse than the monetary cost to an organization is the trust factor. A patient and their doctor have a special bond that relies on honesty and trust. Hospitals and organizations that do not take that bond seriously run the risk of losing the trust of their patients, making their job more difficult or their care less effective.

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Know about HIPAA risk assessment

One of the primary functions of the Health Insurance Portability and Accountability Act (HIPAA) is to guarantee security and protect the confidentiality of health information. Covered Entities such as doctor’s offices, hospitals and pharmacies, as well as any third party Business Associates are responsible for compliance with HIPAA guidelines. Risk assessment plays a vital role in compliance and the Department of Health and Human Services (HHS) has established steps to help Covered Entities apply the HIPAA risk assessment or security rule to their daily business practices.

The purpose of the Security Rule is to evaluate risks, threats and vulnerabilities, and outline policies and procedures that should be implemented to address any issues that could cause a security breach. In order to secure Protected Health Information (PHI) and identify any possible threats, all CoveredEntities are required to implement appropriate security processes. A threat can be intentional or unintentional and must be addressed for a Covered Entity to remain compliant with HIPAA regulations.

Steps have been developed to help Covered Entities maintain security and compliance. The initial step should be identification of any areas needing to be analyzed and to begin collecting data to provide structure for a risk analysis. Once data has been collected, a risk analysis will help document any threats, risks or vulnerabilities, which then allows the Covered Entity to evaluate current security measures to determine the possibility of a security breach. Once current security measures have been examined, it is time to determine the potential impact of any risk and what areas need stronger security measures.

After the completion of the risk analysis, a risk management strategy has to be developed to address any issues found during the investigation. A risk management plan must be created to provide structure through the process of implementing any new or updated security measures. When the risk management plan is in place, the necessary security measures can be employed, along with a plan for continuous evaluation to ensure ongoing security of data.

 All Covered Entities must establish a process for risk analysis and management to guarantee HIPAA compliance. Basic steps have been outlined for the evaluation of any vulnerability, risks or threats, as well as a process to address any problems that could result in a breach or HIPAA non-compliance. By following these basic steps a Covered Entity can manage any risk they may discover and quickly respond to potential threats.

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HIPAA Compliance Software

Organizations responsible for the security of Protected Health Information (PHI) under the Health Insurance Portability and Accountability Act (HIPAA) can implement software to attain compliance. Implementing the appropriatesoftware will not only ensure compliance but also drastically reduce the time required.Using HIPAA compliance software allows covered entities to maintain HIPAA, HITECH, and Omnibus compliance while avoiding the high cost associated with an audit. When a company uses the appropriate software, the daily management of HIPAA compliance can be affordable and flexible.

Any software that collects, stores, or shares PHI with an organization should include safeguards to protect data. HIPAA compliance software must adhere to the Privacy and Security Rules of HIPAA, due to the inherent dangers of handling PHI. One of the basic functions of HIPAA compliance software is secure access to PHI via unique user authentication. An essential element is the encryption of data. Additional functions include regular safety updates (which provide protection from any breach), the ability to audit data and ensure it has not been accessed or modified in any unauthorized way, and data backup.

Since there is no safe harbor clause for HIPAA, it is important to find third party file storage and hosting platforms that explicitly state they are HIPAA compliant. Building your own HIPAA compliance infrastructure is costly and time consuming. It will require ongoing expenditures to maintain, due to HIPAA law changes, updates and auditing. HIPAA hosting and compliance utilizes website applications or data storage and hosting services to comply with the physical safeguard requirements of the HIPAA Security Rule.

PHI must be stored in a compliant environment; therefore, using software and web-based applications can guarantee proper management and handling of PHI. Physical safeguard requirements of the Security Rule are also addressed with compliance software. The implementation of network and application security best practices will protect a hosting environment. A good infrastructure design eliminates all single point of failures, and the use of multiple servers provides essential backupshould a server crash. High availability and redundancy of data are crucial to HIPAA compliance infrastructures.

HIPAA compliance software delivers essential protection for any organization responsible for the security of documentation protected under HIPAA guidelines. Using third party file storage and hosting services will provide cost-effective solutions for HIPAA compliance.

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Get to know about the HIPAA risk assessment

The Health Insurance Portability and Accountability Act of 1996, better known as HIPAA, affects more than just insurance companies. Several establishments, including doctors, hospitals and pharmacies, must conformto HIPAA guidelines. One of the most important aspects regarding HIPAA is a risk assessment. This is why the Centers for Medicare & Medicaid Services (CMS) has developed a rule titled “Security Standards for the Protection of Electronic Protected Health Information”, commonly known as the Security Rule.

All Electronic Protected Health Information (ePHI) is subjected to the Security Rule and companies who are required to follow HIPAA guidelines must implement security practices to protect this information. The Security Rule requires the evaluation of risks, threats and vulnerabilities, and the implementation of policies and procedures to address them. In order to identify the areas that pose a threat, organizations must develop the proper security processes.

Whether a threat is intentional or unintentional is irrelevant, the main focus should be compliance with HIPAA regulations. CMS developed basic steps to help with risk analysis and risk management. While this approach is not required, the following steps can help organizations develop a basic risk analysis. First, it is important to pinpoint the areas to be analyzed and begin gathering relevant data. This will provide structure to the analysis. Next, it is time to recognize and document any risks, threats, or vulnerabilities; once this is completed it’s time to evaluate security measures already in place. This will help to determine the likelihood of a security breach. The final steps include discovering the potential impact and level of risk, and deciding where to implement security measures.

Once a risk analysis has been completed, it’s time to develop a risk management strategy. Common steps to address risk management include creating a risk management plan to provide structure when implementing security measures. Once the plan is in place, it’s time to employ the necessary security measures. Finally, continuous evaluation of these measures is vital in maintaining security.

Risk analysis and management is an integral part of HIPAA risk assessment and compliance. CMS has provided extensive information on their website to help companies develop a plan of action specific to their own individual needs, while at the same time following the Security Rule to protect all ePHI and other documents falling under HIPAA guidelines. The steps recommended by CMSprovide a basic approach to effectively manage any threats or risks a company may encounter.

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Know about Compliance Webinar

Compliance with HIPAA regulations is more important than ever. With standards updated subsequently because of the HITECH Rule in 2009, there are more precautions to take into consideration, in addition to greater consequences for non-compliance than ever before. These updates apply not only primarily to Covered Entities, as was documented in the original HIPAA act, but also compels compliance from Business Associates. Any organizations that deal with Protected Health Information (PHI) in some way, shape or form may now be required to comply with HIPAA regulations.

HIPAA compliance can be an overwhelming process. Attending the Compliance Webinar will give your organization the overview of what it takes to be in accordance with HIPAA regulations. The webinar can help you determine what resources (staff, consultants, and automatic software tools) can help build the organizational infrastructure to handle HIPAA Compliance. With such infrastructure, compliance can turn from a burden to a process that is highly manageable and efficient.

During the webinar, experts will explain and elaborate on HIPAA, HITECH, Meaningful Use, and Omnibus. The process of risk assessments, tracking of incidents, managing paper trail, reporting of data, and managing concealed issues will all be addressed. We'll go through the various components of HIPAA, including the Privacy, Security, Enforcement, and Breach Notification Rule. In addition, the various Administrative, Technical, Organizational, and Physical safeguards required will be explained. This includes a host of issues: from ensuring security of the premises, making sure system passwords are secure, safeguarding that the right staff has access to the right data, tocertifying data is encrypted at all levels.

We can show you that compliance, with an effective and efficient infrastructure, can be more economical and less complicated than you believed. Not just that, doing so will mitigate the costs of non-compliance, which could be several times greater than what it would take to achieve compliance. Sign up today!

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Policy Management Software

As organizations grow, they face a continuous increase in the number and complexity of policies and procedures that staff members need to share and collaborate with one another. This is one of the biggest challenges for organizations of all types and sizes. It involves demonstrating compliance to auditors and the best practices to staff. This is required not just at periodic intervals, but also continuously and instantly to a variety of stakeholders.

It is essential to have high quality policy management software to help a company to be on top of itself. Such software allows users to create and refine policies and procedures in compliance with standards that are relevant. When policies are not maintained properly, its value decreases and the policy loses its authority and relevance.

Increasing regulatory requirements these days necessitates organizations be proactive in their management of important documents. Having up-to-date policy reduces the chance of liability and demonstrates an organization is acting in solid governance to government authorities, outside organizations, and even itself.

Misplaced documentation (either through poor organizational structure or poor systems architecture) can cost an organization valuable time, energy, and resources. The easier it is for staff to find documents and update them in a distributed real-time manner, the easier it is to ensure that the most up-to-date information is at the fingertips of those who need it. It is very helpful to have a means of recovering information if portions of a company’s policies, procedures, and guidelines are missing or no longer relevant. This aids in the flexibility of an organization tobounce back on its feet during times of change or disarray.

An end-to-end policy management package ensures that the creation, preservation, and deletion of information in the documentation occur in a step-by-step procedural manner. This process should be free from obstacles such as interference from conflicting processes, confusion on what processes are involved, and confusion as to the roles and responsibilities of who updates what and is accountable for what. A good policy management system takes all of these factors into account, while delegating authority and authorship as needed.

A proper policy management system will not only save time and energy but ultimately the bottom line expenses. There are a countless number of lost work hours that result from creating, recreating, and updating an organization’s policy in an inefficient manner. A seamless process in this regard allows an organization to use human resources elsewhere by taking care of the overhead.

In summary, good policy management software helps an organization maintain rigorous control over its infrastructure, track usage, update, and assimilate various components distributed throughout the organization. It gives individuals in the company a solid means of tracking policy changes and ensuring that authority in updates is delegated, and escalated, to the right parties at the right time. It can continuously reduce ineffective workflows by tracking changes throughout the process without the stopping and backtracking associated with manual policy management.

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HIPAA Compliance Checklist

Once you've concluded you are handling protected health information (PHI), you will have to ensure your organization is HIPAA compliant. Compliance with HIPAA requires going through a series of steps that, altogether achieved, ensure you are in-line with the regulations set forth by the Department of Health and Human Services for patient health records.

Compliance achievement can take the form of checklist that walks through the 4 sets of rules within HIPAA: The Privacy Rule, Security Rule, Enforcement Rule, and Breach Notification Rule. While it is beyond the scope of this article to provide a comprehensive breakdown, we will provide a basic overview of what such a checklist entails.

The Privacy Rule presents standards that protect health records that apply to various health care providers that conduct their transactions electronically. It involves preventing impermissible uses of the PHI, ensure breach notification procedures are in place, ensure appropriate access to the PHI, and provide disclosures to the Secretary of HHS as needed.

The HIPAA Security Rule ensures that various safeguards are in place on Technical, Physical, and Administrative levels. Some are designated as 'required', and others designated as 'addressable' (required for certain organizations).

Technical safeguards deal with: unique user identification, emergency access procedures, automatic logoff, encryption/decryption, audit controls, and authentication systems and methods. Physical safeguards deal with the physical location and the facilities themselves, including: contingency operations, security plans, access control, maintenance records, workstation use, workstation security, disposal of documents, accountability, and data backup/storage procedures.

Administrative safeguards cover the conduct of workers in the organization, and provide measures in place to protect PHI. It requires establishing a privacy officer, conducting staff training, review documentation on a regular basis, performing a risk assessment, creating agreements with the various Business Associates (BA) that partner with your organization.

The Enforcement Rule and Breach Notification Rule are not necessarily actionable in advance, but they spell out the penalties and procedures for hearings related to HIPAA non-compliance, as well as procedures for dealing with a breach of unsecured PHI.

Though seemingly daunting, the HIPAA compliance checklist rules can be applied and enforced in your organization in a systematic manner through a checklist. In addition, automatic tools can enhance the value of a checklist by having systematized procedures to bring your organization into compliance.

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