Today’s Article on Understanding the HIPAA Privacy Rule, Security Rule and Breach Notification Rules and their compliance

The Health Insurance Portability and Accountability Act (HIPAA)’s Privacy, Security, and Breach Notification Rules are aimed at protecting the privacy, as well as the security aspects of health information. This set of rules has the intention of providing individuals with some rights on information relating to their health.

This is how the three rules need to be understood:

The Privacy Rule: Sets out standards about the conditions to be met for using and disclosing Protected Health Information (PHI). This Rule applies nationally.

The Security Rule: Specifies the kinds of safeguards that Covered Entities and Business Associates have to put in place and implement for protecting electronic Protected Health Information (ePHI) and ensure that they remain confidential and are made available when required, and have integrity.

The Breach Notification Rule: Covered Entities have to report breach of unsecured PHI to the affected individuals and the HHS. In some situations, this has to be reported to the media, as well. The Breach Notification Rule has details on how this is to be done. Generally, a window period of 60 days is given from the date of detection of the breach. Small breaches, meaning breaches that affect lesser than 500 individuals, may be directly reported to the HHS annually.

Purview of the HIPAA Privacy Rule and Security Rule

Privacy Rule: HIPAA Privacy Rule has standards on how to protect PHI held by the following: Health plans, healthcare clearinghouses, healthcare providers; part of whose healthcare transactions are carried out electronically, and Business Associates

Security Rule: HIPAA Security Rule sets out standards and guidelines on the steps that Covered Entities and Business Associates have to take to ensure that Protected Health Information is confidential, has integrity and is made available when needed. The Security Rule describes how these qualities in the ePHI created, maintained or transmitted by them.

Knowledge of all these aspects is very necessary if the Covered Entity or Business Associate has to ensure HIPAA compliance. The task of HIPAA compliance does not become possible with just a reading of the rules and the procedures. Expert advice on how to actually implement the requirements is needed.

This is what a two-day seminar from GlobalCompliancePanel, a leading provider of professional trainings for the regulatory compliance areas, will offer. At this seminar, Jim Sheldon Dean, Director of Compliance Services, Lewis Creek Systems, LLC, will be the Director.

In order to gain complete understanding of the HIPAA Privacy Rule, Security Rule and the Breach Notification Rules, and to understand ways by which to ensure compliance with them in a way that satisfies the regulatory authorities, please register for this seminar by logging on to http://www.globalcompliancepanel.com/control/globalseminars/~product_id=900754?linkedin-SEO .

Jim Sheldon Dean will explain the requirements of HIPAA, how to prevent incidents, and how to survive audits, so that penalties can be avoided. He will offer an explanation of the background to HIPAA, and detail what a manager of healthcare information privacy and security has to know about the most important privacy and security issues. He will also show how to ensure HIPAA compliance, and explain the consequences of inadequate HIPAA compliance.

This seminar will provide in-depth understanding on the major aspects of HIPAA compliance, such as:

o  The new features of the regulations

o  The recent changes

o  The aspects that Covered Entities and Business Associates need to address if they have to remain compliant.

Learning on all aspects of HIPAA Privacy Rule, Security Rule and Breach Notification Rules

Jim will also explain audits and enforcements. He will also describe privacy and security breaches and explain how to avoid them. He will enrich the learning by providing sample documents and references.

Jim will cover the following areas at this two-day session:

o  Overview of HIPAA Regulations

o  HIPAA Privacy Rule Principles, Policies and Procedures

o  Recent and Proposed Changes to the HIPAA Rules

o  HIPAA Security Rule Principles

o  HIPAA Security Policies and Procedures and Audits

o  Risk Analysis for Security and Meaningful Use

o  Risk Mitigation and Compliance Remediation

o  Documentation, Training, Drills and Self-Audits.

https://www.cms.gov/Outreach-and-Education/Medicare-Learning-Network-MLN/MLNProducts/Downloads/HIPAAPrivacyandSecurityTextOnly.pdf

Breaking down the rules into steps makes HIPAA compliance less complicated

HIPAA compliance is a legal requirement for Business Associates and Covered Entities. The Health Insurance Portability and Accountability Act (HIPAA) was enacted in 1996 with two main intentions:

o  To enable employees to keep their insurance intact when they switched jobs or their insurance provider

o  To facilitate the payment and information process by putting in place a uniform code for these.

From its start, up to 2013, HIPAA has undergone a few changes, such as:

o  The privacy regulation additions of 2003;

o  The insertion of the HIPAA Security Rule in 2005;

o  The passage of the HITECH Act in 2009, and

o  The addition of the Omnibus Rule in 2013, with the intention of extending liability to Business Associates

With the insertion of these additions, HIPAA compliance has become more and more demanding and complex, or at least that is what most entities who are required to comply with it feel. Most Business Associates and Covered Entities have issues with the following areas of HIPAA compliance:

–       The 18 identifiers that Protected Health Information (PHI) consists of; with the name, full face photos, e-mail address, and date of birth of the patients being some of their constituents

–       The requirement of designation, by every organization or practice, of a privacy officer, who has to carry out a risk analysis

–       The requirement, as part of HIPAA compliance, of covered health care providers and health plans, of developing and distributing a notice, in which the privacy rights and practices relating to patients’ personal health information have to be clearly explained.

Despite these requirements, HIPAA compliance is not as difficult as it seems

The reality, however, is different. HIPAA compliance is not as complicated and difficult as it is thought to be. At first glance, these requirements may appear to be intimidating. Yet, when it comes to practical application, HIPAA compliance is not really all that cumbersome or difficult. All that is needed is a clear-cut understanding and explanation of the major sections on compliance.

This clear-cut understanding of the major sections on which many Covered Entities and their Business Associates face difficulties is the intention of a seminar that is being organized by GlobalCompliancePanel, a leading provider of professional trainings for the areas of regulatory compliance.

At this detailed two-day seminar, Paul Hales, an attorney at law in St. Louis, Missouri who specializes in HIPAA Privacy and Security Rules, will be the Director. All that is needed to gain a thorough understanding of the perspectives Paul will offer on HIPAA compliance is to register for this seminar by visiting http://www.globalcompliancepanel.com/control/globalseminars/~product_id=900798?linkedin-SEO .

What makes this seminar a valuable learning session is that Paul will explain, in simple and plain language, the contents of HIPAA compliance. He will demystify the tricky areas of HIPAA compliance and offer clarity of understanding of these, and will crystallize them into six easy steps.

Paul will drive home the point that HIPAA compliance becomes easier when its seemingly difficult requirements are broken down into steps. He will suggest six steps that organizations can take to make HIPAA compliance easier.

He will pack the seminar with visual presentations, interactive discussions and stimulating questions and answer sessions. He will also show how to find the right rule with the six step-by-step procedures he will lay down.

Takeaways at this important seminar on HIPAA compliance

Paul will offer these following key takeaways at this highly valuable seminar:

·        Thorough Understanding of HIPAA Rules

  • What they are
  • How they work together
  • Why and How they were made
  • How they are changing and what to expect next

·        HIPAA Risk Analysis – Risk Management for Your Organization

  • A Practical Guided Exercise done in class on your computer to take home

·        Privacy and Security Rules – Permitted and Required Uses and Disclosures

  • What information must be protected
  • Administrative, Technical and Physical Safeguards
  • Social Media, Texting and Emailing Patients

·        The inter-connected, inter-dependent relationship of Covered Entities and Business Associates

·        What is, and what is not a Reportable Breach of Unsecured PHI

http://www.fertilitybridge.com/blog/hipaaandsocialmediawithpaulhales

HIPAA Security Rule Principles

Though short in length,HIPAA Security Rule principles are well defined in some areas, but vague in some others, making implementation of these areas difficult.

HIPAA Security Rules are an offshoot of the Privacy Rule. While Privacy Rule concerns itself with Protected Health Information (PHI) in general, the HIPAA Security Rule (SR) concerns itself specifically with electronic Protected Health Information (ePHI). Since it particularly focuses on an element of the Privacy Rule; it is considered a subset of the HIPAA Privacy Rule.

The HIPAA Security Rule seeks to fortify individually identifiable health information with reasonably high levels of technical, administrative and physical safeguards so that these attributes are protected and unauthorized or inappropriate access, use, or disclosure prevented:

  • Confidentiality
  • Integrity, and
  • Availability.

To enable this, the HIPAA Security Rule codifies a few standards and best practices in information technology. In a general sense, the HIPAA Security Rule requires computer systems containing patient health implementation to implement these three safeguards:

  • Administrative,
  • Physical, and
  • Technical.

It has clear definitions of each component relating to its specifications. Some of the terms on which the HIPAA Security Rule is unambiguously clear are:

Challenges associated with implementing HIPAA Security Rule

Despite the clarity of definitions of a few terms as stated above; the HIPAA security rule is considered complicated by practitioners and participants in the Rule. Although not a very painfully long document in that it runs into only eight pages; because of the high technical nature of its text, it is considered quite complex.

A major requirement that the HIPAA Security Rule imposes is a set of additional organizational requirements, apart from documenting processes that are in tune with the HIPAA Privacy Rule. This is easier said than done, especially for small time providers that have limited technical bandwidth and capabilities, for whom implementing the Privacy Rule itself can be challenging. The solution is to make Health information technology (HIT) resources available for this kind of providers.

Further, this Rule has some ambiguities. For instance, its fundamental requirement is implementation of “necessary safeguards”. There is no unanimity about what this means.

Want to know more : http://www.globalcompliancepanel.com/control/globalseminars/~product_id=900739SEMINAR?wordpress-SEO

HIPAA Security Rule

Though short in length,HIPAA Security Rule principles are well defined in some areas, but vague in some others, making implementation of these areas difficult.

HIPAA Security Rules are an offshoot of the Privacy Rule. While Privacy Rule concerns itself with Protected Health Information (PHI) in general, the HIPAA Security Rule (SR) concerns itself specifically with electronic Protected Health Information (ePHI). Since it particularly focuses on an element of the Privacy Rule; it is considered a subset of the HIPAA Privacy Rule.

The HIPAA Security Rule seeks to fortify individually identifiable health information with reasonably high levels of technical, administrative and physical safeguards so that these attributes are protected and unauthorized or inappropriate access, use, or disclosure prevented:

  • Confidentiality
  • Integrity, and
  • Availability.

To enable this, the HIPAA Security Rule codifies a few standards and best practices in information technology. In a general sense, the HIPAA Security Rule requires computer systems containing patient health implementation to implement these three safeguards:

  • Administrative,
  • Physical, and
  • Technical.

It has clear definitions of each component relating to its specifications. Some of the terms on which the HIPAA Security Rule is unambiguously clear are:

Challenges associated with implementing HIPAA Security Rule:

Despite the clarity of definitions of a few terms as stated above; the HIPAA security rule is considered complicated by practitioners and participants in the Rule. Although not a very painfully long document in that it runs into only eight pages; because of the high technical nature of its text, it is considered quite complex.

A major requirement that the HIPAA Security Rule imposes is a set of additional organizational requirements, apart from documenting processes that are in tune with the HIPAA Privacy Rule. This is easier said than done, especially for small time providers that have limited technical bandwidth and capabilities, for whom implementing the Privacy Rule itself can be challenging. The solution is to make Health information technology (HIT) resources available for this kind of providers.

Further, this Rule has some ambiguities. For instance, its fundamental requirement is implementation of “necessary safeguards”. There is no unanimity about what this means.

Read More Information

Application of concepts and theories of clinical research

Protection of human subjects and everything relating to it is of paramount importance for those involved in or wanting to be involved in research dealing with human subjects or an individual’s private identifiable information. For these individuals, professionals and companies, it is extremely important to understand that there are federal regulations that must be followed.

There are also state statutes, institutional policies, federal guidance documents, and ethical codes that guide the conduct of the research. This is done to ensure that the research not only meets the regulatory requirements but also that it is conducted in an ethical manner, coming with adequate protections for the individuals who elect to enroll in the research or allow their information to be used for research.

hippa

Guidelines lack clarity

However, the challenge that this position presents is that the guidelines –which also provide interpretation of the regulations –are not always as clear as they might appear upon first reading them.

A two-day seminar from GlobalCompliancePanel, a leading provider of professional trainings for all the areas of regulatory compliance, will impart understanding on all these grey areas of human subjects. It will clarify on these regulations.

The Director of this seminar is the highly regarded expert on the subject, Sarah Fowler-Dixon, Education Specialist and instructor with Washington University School of Medicine. Sarah has developed a comprehensive education program for human subject research which has served as a model for other institutions. To enroll for this highly educative session, just log on to

http://www.globalcompliancepanel.com/control/globalseminars/~product_id=900669SEMINAR?human-subjects-research-seminar-San-Diego-CA.

Ways of applying concepts and theories

This two-day seminar will provide the foundation for the application, concepts and theories of clinical research.

The speaker will not only provide a refresher of the regulations; she will also provide attendees with the opportunity to discuss and learn how these regulations, ethical codes and guidance documents get applied in different situations. This information can then be used to help attendees in their day-to-day decision making when confronted with situations or questions regarding how to handle issues that do arise (e.g. a participant not showing for a scheduled appointment, an event that is unexpected occurs, someone who does not speak wishes to enroll in the study, a participant signing an outdated consent document, etc.) when conducting human subjects.

Outcomes of the seminar

The learning acquired over these two days will help attendees learn about the historical evolution of research, and current regulations and guidelines including the Common Rule, FDA regulations and HIPAA. This session will discuss site and study staff responsibilities in the conduct and reporting of research, types of studies and the regulatory requirements that apply to different study designs. It will also discuss a variety of research including genetic, drug, device, and studies that use off-site or community partners. Current examples will be used and the audience will be invited to share their experiences and information.