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Do you know what it means to be HIPAA compliant?

HIPAA Rules & Guidelines

Be careful what you post on your website, you could be charged for false advertising! Some HIPAA compliance companies want you to use their “seal” of compliance. It is great advertising for them, but does it put your practice at risk of an audit? Some say yes, and worse, you could be charged for false advertising from the FTC.

https://www.ftc.gov/news-events/press-releases/2021/02/ftc-gives-final-approval-settlement-emergency-travel-services

https://www.ftc.gov/system/files/documents/cases/c-4732_skymed_final_order.pdf

HIPAA is a moving target and at any given moment you could be “out of compliance” for something as simple as using a device that hasn’t been updated with latest security patch. Of course, you won’t get fined for that, UNLESS it causes a data breach. So, to advertise that your organization is “HIPAA Compliant” could put you at risk for false advertising.

It has always been all about “documentation”. The HIPAA rules clearly outline the requirements for policies, procedures, and documentation. If your organization has not been evaluating (§164.308(a)(8)) the technical and non-technical security measures you have in place on a regular basis, you are out of compliance. How do you know when to conduct these evaluations? This depends on your policies, and if you do not have a policy on this, you are out of compliance. As you can see, this can be very confusing! Did you know that 75% of the Security Rule is policies and procedures, and 25% is technical safeguards? With Public Law No: 116-321, it is all about your documentation.

If the covered entity or business associate has adequately demonstrated that it had, for not less than the previous 12 months, recognized security practices in place that may:

(1) mitigate fines under section 1176 of the Social

        Security Act (as amended by section 13410);

(2) result in the early, favorable termination of an audit

        under section 13411; and

(3) mitigate the remedies that would otherwise be agreed

        to in any agreement with respect to resolving potential

        violations of the HIPAA Security rule (part 160 of title 45 Code

        of Federal Regulations and subparts A and C of part 164 of such

        title) between the covered entity or business associate and the

        Department of Health and Human Services.

Recognized security practices are those recommended in NIST and the Security Rule. Each organization must assess their environment and adapt “best practices”.

Most organizations think they are HIPAA compliant until they suffer a data breach, or a disgruntled employee / patient files a complaint against them. Then they are investigated by the Office for Civil Rights (OCR), unless they have proper documentation and have demonstrated best practices in data security, they may be fined up to $1.5M per violation.

This healthcare cybersecurity handout was created by the DHHS:

https://www.phe.gov/Preparedness/planning/405d/Documents/HICP-Main-508.pdf

To find out more about how our online HIPAA Keeper™ can help your organization with HIPAA Compliance click here:

https://arismedicalsolutions.com/aris-hipaa-compliance-system-for-medical-offices/

Or to schedule a demo click the contact us tab and scroll down.

“Simplifying HIPAA through Automation, Education, and Support”

About Suze Shaffer

Suze Shaffer is the Owner and President of Aris Medical Solutions, a healthcare compliance company dedicated to simplifying HIPAA compliance. Through its online compliance solution, the HIPAA Keeper™, Aris Medical Solutions provides healthcare providers and business associates with the tools, documentation, training, and expert guidance needed to achieve and maintain HIPAA compliance.

Through the HIPAA Keeper™, Aris has assisted organizations nationwide with conducting risk analyses, developing risk management plans, implementing HIPAA Privacy and Security policies and procedures, and strengthening safeguards for protected health information. Aris Medical Solutions also considers applicable federal and state privacy and security requirements to help clients build a more comprehensive compliance program.

Suze is also a speaker and has presented at numerous conferences and professional events on HIPAA compliance, cybersecurity, risk management, and data breach prevention. Helping organizations understand their responsibilities and identify vulnerabilities before they result in a breach, audit, or investigation. She believes effective compliance begins with education. By helping organizations understand not only what they are required to do, but why those safeguards are important, organizations are better prepared to protect patient information and reduce their compliance risks.

At Aris Medical Solutions, the mission is simple: “Simplifying HIPAA” through education, expert guidance, and the HIPAA Keeper™, Aris Medical Solutions helps organizations turn complicated compliance requirements into a manageable, ongoing process.

The information provided reflects regulatory requirements and guidance available at the time of writing and is intended for educational purposes only. It should not be considered legal advice.

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