§ 530 (c) of the HIPAA regulations provides, with regard to safeguards, that “a covered entity must have in place appropriate administrative, technical, and physical safeguards to protect the privacy of protected health information.” We typically think of “safeguards” as a security issue, and therefore related mainly to electronic PHI. However, twice in the last three weeks, we’ve had to deal with patients photographing and posting pictures of PHI that was unprotected – once a screenshot and another a paper form. One was meant to embarrass the provider as revenge for making the patient wait. Another was simply meant to illustrate the provider’s laxness. Both incidents were troublesome to resolve.
The lesson from these events is that HIPAA’s requirement to secure PHI is not simply an IT responsibility. Providers should also continually monitor and evaluate their precautions regarding paper records, exposed computer screens, etc.
Written by: Gregory D. Frost
The U.S. Department of Health and Human Services, Office for Civil Rights (OCR), recently entered a $400,000 Health Insurance Portability and Accountability Act of 1996 (HIPAA) settlement with Metro Community Provider Network (MCPN), a federally-qualified health center (FQHC). The settlement serves as a stark reminder that all covered entities, including FQHCs, must meet the HIPAA Security Rule requirements and that OCR is continuing to step up enforcement efforts in this area. Continue reading
A delay in timely breach notification may now cost you. The U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR) recently entered a settlement with Presence Health for untimely reporting a breach of unsecured protected health information (PHI). Presence discovered that its operating room schedules containing PHI for 836 individuals were missing on October 22, 2013. Under the HIPAA Breach Notification Rule, breaches like this which involve >500 individuals are required to be reported to the individuals, prominent media outlets and OCR without unreasonable delay and in no case later than 60 days. Presence did not report the breach to OCR until January 31, 2014, approximately 100 days after discovering the breach. OCR’s investigation concluded that Presence failed to notify, without unreasonable delay and within 60 days of discovering the breach, each of the 836 individuals, the media and OCR. Presence agreed to pay $475,000 to settle the potential violations.
The Press Release and Resolution Agreement are available on the OCR website.
Written by: Jacob Simpson
Clay J. Countryman and Alec Alexander will be speaking at a workshop hosted by the Medical Group Management Association’s New Orleans chapter on September 28, 2016. Mr. Countryman will present “HIPAA Phase 2 Audits: Are you ready?” and Mr. Alexander will present “Fraud and Abuse: Compliance for Physician Practices and Recent Hot Topics. The workshop will be located at the East Jefferson General Hospital Conference Center – Esplanade I in Metairie, Louisiana. For more information or to register, click here.
Clay Countryman Alec Alexander
The U.S. Department of Health and Human Services Office for Civil Rights (OCR) has started a second phase of audits for compliance with HIPAA Privacy, Security and Breach Notification Standards. The OCR has previously conducted an audit pilot phase and Phase 1 audits of HIPAA covered entities (i.e., healthcare providers, clearinghouses, and health plans). In this Phase 2 of the HIPAA audits, OCR will audit both covered entities and their business associates. Continue reading