5 Ways to Avoid those Extravagant HIPAA Fines

With the new updates in the HIPAA Audit Program, there are a lot of complexities that have loomed in the forefront. Now you must pass the HIPAA Audit, or else there is a fine involved in its violation. Lack of timely risk assessment and failure to address the ongoing HIPAA Privacy and Security Rules are the key factors. 

There are first requirements of HIPAA Security Rules which if not implemented would result in fine. Listed under, are 5 ways to avoid HIPAA fines and be in par with HIPAA Privacy and Security Rules.

Important Queries on HIPAA Omnibus Updates: Are you Compliant to All?

On January 25, 2013, as the Department of Health and Human Sciences (HHS) published the ‘HIPAA Omnibus Rule’, it put forward a set of final rules and regulations modifying the Health Insurance Portability and Accountability Act (HIPAA). Significant changes have been made in relation to the privacy and security obligations of providers concerned with Patient’s Protected Health Information (PHI). With the HIPAA Omnibus Update, HHS made some important changes to privacy and security requirements under HIPAA as well as the HITECH Act. Creating a new breach standard, clarifying business associate definitions, implementing increased liability and penalty structures mandated by the HITECH Act were included in the changes. Now there were some frequently asked questions to be answered from the whole update that people needed to understand about the complex rule.

Changing Yourself with the Changing Regulations

You must have noticed the compliance guidelines and regulations that have been laid down for you as a physician are downright confusing– what’s with its numerous and varied listed practices. Most small physician practices cannot afford to employ a full-time compliance officer; hence if you are handling compliance duties, you are left flummoxed and overwhelmed with all the responsibilities. Inevitably, a lot of things simply ‘slip through cracks’ even if you understand them. This leads to various compliance mistakes. We would try to help you with an overview with which you may try cutting down various compliance mistakes that you make.

HIPAA Security and Breach Rules

The HIPAA Omnibus Update rules has a number of changes to HIPAA regulations of which all the HIPAA-related entities should be aware, and the HIPAA Breach Notification Rule has later standards for the task of determining what qualifies as a reportable breach.  The updated regulations for Security and Breach Notification now enforceable should be considered by all HIPAA-related entities, and they also need to change their policies and procedures in order to meet the new standards.

HIPAA Breach Notification rules now require notification of individuals and HHS when the information security is breached.  If there is a breach of the protected health information, which does not even qualify for one of the reporting exceptions, the breach should be reported, unless a risk assessment shows that there is a very “low probability of compromise.”  All reportable breaches should be reported to the Secretary of the US Department of Health and Human Services at least annually.  There are many additional steps to take if the breach has affected more than 500 individuals, including the media notices and the immediate notification of HHS.