By Dave Shepherdson, Phenomenal Networks.
It seems as if the HIPAA rules will finally get strengthened and also be more effectively policed. One of the big impacts is the exponential increase in the use of mobile devices both inside and outside healthcare institutions. With doctors being able to check EHRs even from the golf course, data security measures become paramount to staying within the HIPAA rules.
The omnibus final rule implementing many of the changes to the Health Insurance Portability and Accountability Act (HIPAA) was accepted for review by the Office of Management and Budget (OMB) March 24, finally moving to its final clearance hurdle, according to Susan McAndrew, Deputy Director for Health Information Privacy at U.S. Department of Health & Human Services’ Office for Civil Rights (OCR). HIPAA mega rule in its ‘last clearance lap’
The mega rule combines four separate rulemakings: the changes to HIPAA’s privacy and security rules mandated by the HITECH Act; the new enforcement requirements and higher penalty requirements; the final regulations of HITECH’s breach notification rule; and changes to HIPAA to incorporate the Genetic Information Nondiscrimination Act (GINA).
How does Stage 2 dovetail with HIPAA?
Most healthcare organizations are not prepared for a privacy and security compliance review, according to a November HCPro survey, reports HealthLeaders Media. Of the more than 400 responding organizations, only 17 percent said they are fully prepared for a federal HIPAA audit, while 70 percent are “somewhat prepared” to be evaluated. The audits are designed to yield best practices, as well as areas of risk for health information breaches, according to FierceHealthcare. However, such “unpreparedness” to demonstrate HIPAA compliance could signal health records are not properly secure or private.
Most not ready for HIPAA audits; data breaches abound – FierceHealthcare
HIPPA violations can be very expensive and the penalties are being dramatically increased. According to a recent Ponemon Institute report, it now costs the victim of a security breach $214 per compromised record and an average of $7.2 million per data breach event. A large part of the problem is that some business associates, although relatively familiar with HIPAA’s privacy rule, still are not as well versed in HIPAA’s security rule and the security breach notification requirements.
Failing to protect patient data could not only land a provider in legal hot water for violating HIPAA. It could also mean that the provider did not successfully attest to Meaningful Use, jeopardizing the provider’s ability to obtain–or keep–an incentive payment.
http://www.fierceemr.com/story/how-does-stage-2-dovetail-hipaa/2012-03-01#ixzz1sV7X1118
The costs of HIPAA violation are not just constrained to monetary impact. There are also potential business implications. Breaches involving more than 500 individuals are publicized on HHS’ website, known as the “wall of shame.” More than 400 entities have been added to the wall of shame since it was created in 2009. Apparently only 24 percent of the breaches on the wall of shame involved breaches of paper records; most involved electronic data on computers, electronic health records, and portable electronic devices and only 7 percent were due to IT hacking; most of them were caused by human error, such as theft or loss of the equipment.
Are your systems HIPAA compliant?






