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General Data Protection Regulation: What does this mean to the US

By Aris Medical Solutions

You may have already heard about the GDPR (General Data Protection Regulation) from the EU (European Union) that will affect many organizations here in the United States.

Our personal information has been being sold for years. Some with and some without our knowledge. Many organizations require a person to “accept” their terms and conditions with long legal agreements that we must agree to before using their software, joining their network, or downloading an app to name a few. Most people do not read this very important disclosure because it is simply too long and too legal. They collect data from us in order to enter a sweepstakes, win a prize, or simply to gain access to a forum. This information can be sold to other organizations so they can market their good and services to us. I will be explaining in my next notification how to poison this information and make it useless. For now we need to concentrate on how to understand this new regulation.

With the GDPR from the EU becoming effect May 25, 2018, organizations must become compliant by May 25, 2018.

Here is a basic summary of what you need to know:

  1. Organizations that provide goods or services to anyone located within the European Union regardless of where the company is located must adhere to this new regulation. This also includes companies that process and store personal data of an EU citizen. This is similar to our individual state laws we currently have in the United States.
  2. Personal data is anything that can be used to identify a person, directly or indirectly. This includes name, photo, email address, bank details, medical information, computer IP address, and even posts on social media.
  3. You must have clear full consent to use a person’s information. No lengthy vague legal forms; just clear plain language. Nothing short of an opt-in will be acceptable.
  4. Just like HIPAA, there is a tiered sanction policy. Organizations can be fined up to 4% of annual global income for breaching the GDPR. This is for severe violators. Organizations can be fined up to 2% for not having their records in order, not notifying a supervising authority, not notifying the person that is affected by a data breach, or not conducting an impact assessment.
  5. These rules will apply to both cloud data controllers and processors and will not be exempt from GDPR enforcement.
  6. Data breaches must be reported within 72 hours.

What do you need to do to prepare:

  1. Review your client/patient database.
  2. Do you have any European clients/patients?
  3. Review where all of your data is stored.
  4. Do you use a cloud system?
  5. Do you have a BA agreement in place with the data processor/center?
  6. Update your breach notification plan.

For more information on the GDPR: https://www.eugdpr.org/

For more information on how Aris Medical Solutions can help your organization with HIPAA Compliance and Protecting your Data call 877.659.2467.

“Protecting Organizations through Partnership, Education, and Support”

How well do you trust your compliance efforts?

 

By Aris Medical Solutions

compliance board game

HIPAA encompasses many aspects. Risk assessments, risk management, and your policies, procedures, documentation are the backbone of compliance.

Most medical providers don’t think about compliance until they are audited. By that time it is too late to mitigate any issues that you may have. The main misconception is that “it will never happen to me”.

A random audit is possible but relatively a low probability. A compliance audit is typically initiated by a disgruntled employee, a patient that feels their privacy has been violated, or a data breach. Once the HIPAA violation is reported then the Office for Civil Rights (OCR) will determine if the complaint will need to be investigated. If it does, depending on the documentation that you provide, will determine whether or not a desk audit will be issued. This is where your policies and procedures are critical. If your employees understand what they need to do, how to do, and what needs to be documented, your chances of a desk audit is greatly reduced. The OCR understands that people make mistakes, but if you don’t learn from them, they will fine you heavily!

Note to self… if you recognize a problem, address it, correct it, and learn from it.

You can survive a audit with proper documentation!

For more information on how Aris Medical Solutions can help your organization with HIPAA Compliance and Protecting your Data click here call 877.659.2467.

“Protecting Organizations through Partnership, Education, and Support”

Updating your Contingency Plan

 

By Aris Medical Solutions

HIPAA Disaster

Contingency Planning is more than just a power outage or how to backup and restore your data. A complete plan should include different types of scenarios that could happen in your area.

For those involved in Healthcare, creating a contingency plan is not optional.  Should you have a disaster and are not prepared you can be fined! The Office for Civil Rights (OCR) considers protecting personal information a civil right and they will enforce this if you have a data breach or a situation where your data is not recoverable.

Think about ransomware, have you included this in your contingency plan?

Depending where you are located, have you included how to respond to a hurricane, tornado, snowstorm, or fire?

Where is your data located and what would happen if you had a toilet overflow or a pipe burst?

In light of the recent tragedies have you included a section on workplace violence?

How to create a Contingency plan:

  1. Conduct a thorough HIPAA Risk Assessment. Understand and analyze what type of risks you are vulnerable to. This includes where you are located and what type of computer network that you utilize.
  2. Create a diagram of how your network is configured. This will help you to determine the best method to protect and restore your data from a backup.
  3. Implement a risk management plan that outlines what you have in place and what you will need in the future if it is not possible at the moment. Of course, you will need a timeline if you will be adding to your plan.

For more information on how Aris Medical Solutions can help your organization with HIPAA Compliance and Protecting your Data call 877.659.2467 or click here to contact us.

DynA-Crypt Ransomware is worse than the others!

 

By Aris Medical Solutions

 

Karsten Hahn who is a GData malware analyst discovered this ransomware called DynA-Crypt. Larry Abrams at Bleepingcomputer alerted the world about this new type of ransomware. Thanks to them, we know about this and must be diligent in protecting our information.

This new strain is even more dangerous and destructive than the others. This malware not only encrypts your data, but also takes screenshots of your active desktop, login commands that you type, and even records system sounds from your computer. It will even steal information from Skype and Chrome. While this vicious attack is encrypting your computer, stealing your information, it is also deleting your files.

This would be considered a major HIPAA data breach and not only will you lose everything, you will have to report this to your State and Federal authorities under the Breach Notification Laws.

Make sure your anti-virus and anti-malware is up to date and verify it is an enterprise version. Although this is not specifically stated under HIPAA, it is considered reasonable and appropriate. If you never have this happen to you, the HIPAA Police is not going to penalize you. However, if this does affect your practice or organization and you do not have reasonable and appropriate safeguards in place, you will be fined and penalized.

Everyone in your organization should be made aware of this new attack and remind them NOT open any file attachments OR click on any links in ANY email unless you are absolutely sure it is safe. Best practices is to open your browser and go directly to the company’s website to check on anything you receive in an email. Also be VERY careful trusting emails from friends. If YOUR email is hacked, they will spoof a name in your contact list and send an email back to YOU. They hope that since you know this person you will open the email. If you receive an email that asks you to click on a link or open a file, look carefully at the FULL email address, more than likely is NOT your friends email. Keep in mind, it still could come from their actual email address. Always call or text them and ask if they sent this to you.

For more information on how Aris Medical Solutions can help your organization with HIPAA Compliance and Protecting Patient Data call 877.659.2467 or click here to contact us.

“Protecting Organizations through Partnership, Education, and Support”

Storing Patient Records

 

By Aris Medical Solutions

 

Since most medical practices are going electronic, it may be time to free up some of that precious space in your office. Make sure when, how, and where you decided to store your data is secure.

Some practices move excess patient charts to a self storage unit. It’s cheap and if you have an patient chart inventory list you should be safe… right?
What happens if the facility burns down?
What if someone breaks in and it is not discovered for months?
What if you don’t have an inventory list of which records are in there?

  • Did you know that PHI is considered PHI until after a person has been deceased for 50 years! That means even if the person isn’t alive, it is still a reportable breach!
  • Did you know that if you can’t determine if ANY records or WHICH records were stolen, you would have to report all of them.

Self storage units may sound like a good deal. That good deal could cost you more in the end. If the unit burns or if it is vandalized, you could be charged for wilful neglect for NOT securing the records. Not to mention, you may be required to report this as a data breach and cost you nearly $350.00 per record! Are you willing to accept that risk? After all, the OCR doesn’t specifically state what is or is not HIPAA compliant. If you suffer a data breach, THEN they will determine if you had reasonable and appropriate safeguards in place.

Now I will ask you.. Wouldn’t it make sense to spend about the same amount of money and have a professional company store your records? That’s right; for about $50.00 per month you can store approximately 100 boxes of records! Of course pricing will depends on your location and how many you need to store. When organizing the records, we suggest by year and alphabetize them. This makes it much easier when the time comes to destroy them!

If you need assistance with a Risk Analysis, Risk Management Plan, or implementing a full set of HIPAA Policies and Procedures, call Aris at 877.659.2467 or click here to schedule a demo. We offer a full range of services from a Do-It-Yourself HIPAA program to a Full HIPAA Implementation package.

“Protecting Organizations through Partnership, Education, and Support”

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