HIPAA Enforcement by HHS and State Attorneys General: Get Ready to Respond to Your State’s AG

HEALTHCARE Jan 22, 2019 90 minutes
01:00 PM EST 12:00 PM CST 11:00 AM MST 10:00 AM PST

Description:-

HIPAA enforcement activity is well established now with new attention to reported violations of HIPAA.  It is easy to become the target of a compliance investigation, and essential to be prepared in advance.

HIPAA Compliance requires that you be prepared to handle Protected Health Information properly and follow the requirements in the HIPAA Privacy, Security, and Breach Notification Rules.  If there is a problem that comes to the surface, an enforcement action can result, including financial settlements that can reach up to millions of dollars, and Corrective Action Plans that can take years to complete and can cost many times the expense of the monetary settlements. 

We will review the contents of the updated 2018 HIPAA Audit Protocol to show what documentation needs to be on hand should your organization be selected for a compliance review.  We will present methods for using the contents of the HIPAA Audit Protocol to build your own compliance plan by relating your compliance activities directly to the questions that might be asked.

In this session we will discuss the HIPAA enforcement regulations and processes, how they apply to HIPAA covered entities and business associates, and how state Attorneys General can use the provisions enacted in the HITECH Act to file suit under Federal law.  We will explain the enforcement regulations and the increased fines and new penalty levels, including penalties for willful negligence of compliance that begin at $10,000 and reach into the millions of dollars.

Areas Covered in the Session:-

Learn about how the HIPAA enforcement rules work, and how HIPAA investigations can take place.

  • Find out how state Attorneys General can initiate enforcement actions through filing civil suits under Federal Law.
  • Learn about the penalties that can apply for non-compliance with accepted health information privacy and security practices.
  • Find out what you'll need to have documented to survive an audit or compliance review and avoid fines.
  • Learn how to make the HHS HIPAA Audit Protocol useful to you as a way to organize and track your compliance work, and collect your documentation references.
  • Learn how to use an information security management process to evaluate risks and make decisions about how best to protect health information and meet patient needs and desires, as well as avoid penalties for non-compliance.

 

Why Should You Attend:-

In this session, we will discuss HIPAA enforcement activities and how they work, including how state Attorneys General can play a role in enforcement, and discuss the areas that caused the most issues in prior audits and enforcement actions.  We will explore what kind of issues and what kind of entities had the most problems, and show where entities need to improve their compliance the most.  We will also explore the typical risk issues that lead to breaches of health information and see how those issues may lead to significant penalties for non-compliance.

We will discuss what information and documentation must be prepared in advance so that you can be ready for an audit or enforcement review at any time, including sample information request forms and questions asked in prior audits and reviews.  The session will also cover how to know if you may become the subject of an audit or enforcement action, and what you can do to help limit your exposure.  We will discuss how most enforcement actions come about and what can be done to prevent incidents that lead to enforcement activity.

The results of prior HIPAA audits and enforcement actions (and their penalties) will be discussed, including recent actions involving multi-million-dollar fines and settlements, as well as penalties levied as a result of state lawsuits.  A plan for attaining compliance will be presented.  The steps to follow to prepare for and respond to a compliance review or audit request will be outlined.  

Background:-

Enforcement of the HIPAA Privacy and Security Rules has become a significant reality, and now not only is the US Department of Health and Human Services Office for Civil Rights involved, with penalties in the millions of dollars, but also individual state Attorneys General are also picking up the enforcement ball and running with it, leading to several recent penalties in the hundreds of thousands of dollars.  Even if there is a slowdown in enforcement at the Federal level, enforcement activities continue where the state AGs see their states’ residents’ rights to the privacy and security of their health information threatened.  Now, more than ever, it is essential to have your HIPAA compliance in order so you can avoid the significant penalties for non-compliance.

Who Will Benefit:-

Attendees should include Compliance Officers, Privacy and Security Officers, and leadership and staff in health information management, information security, and patient relations, as well as staff in patient intake and front-line patient relations and any others that are involved in, interested in, or responsible for, patient communications, information management, and privacy and security of Protected Health Information under HIPAA, including:

  • Compliance director
  • CEO
  • CFO
  • Privacy Officer
  • Security Officer
  • Information Systems Manager
  • HIPAA Officer
  • Chief Information Officer
  • Health Information Manager
  • Healthcare Counsel/lawyer
  • Office Manager
  • Contracts Manager
Presenter BIO
Jim Sheldon-Dean

is the founder and director of compliance services at Lewis Creek Systems, LLC, a Vermont-based consulting firm founded in 1982, providing information privacy and security regulatory compliance services to a wide variety of healthcare entities. He is a frequent speaker regarding HIPAA, including speaking engagements at numerous regional and national healthcare association conferences and conventions and the annual NIST/OCR HIPAA Security Conference. Sheldon-Dean has more than 18 years of experience specializing in HIPAA compliance, more than 36 years of experience in policy analysis and implementation, business process analysis, information systems and software development, and eight years of experience doing hands-on medical work as a Vermont certified volunteer emergency medical technician. Sheldon-Dean received his B.S. degree, summa cum laude, from the University of Vermont and his master’s degree from the Massachusetts Institute of Technology

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