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HITECH / HIPAA Newsletter January 2012



HITECH Act Compliance is a Team Sport:  Is your team HITECH ready?

 January 2012 Issue No. 25
In This Issue
Products now available in the HSG Store
HIPAA Compliance: The Privacy Rule and the Patient's Bill of Rights?
In the News

OIG continues to announce fraud  enforcement actions at what appearsto be an alarming rate.

______________________ 

 

 

December 21, 2011: 

 

U.S. Attorney; Southern District of Texas Former DME Company Owner Lands in  Federal Prison for 12 years. 

 

U.S. Attorney; District of Columbia

Medicare Recipient Pleads Guilty to Health Care Fraud 

 

http://go.usa.gov/51i

 

December 6, 2011: 

 

U.S. Department of Justice

Detroit-Area Clinic Owner Pleads Guilty in Connection with Medicare Fraud Scheme

 

U.S. Department of Justice

Owners of Houston Health Care Company Sentenced to Prison for Medicare Fraud

 

U.S. Department of Justice

Doctor and Two Nurses Sentenced to Prison for Roles in $25 Million Miami Health Care Fraud Scheme 

 

U.S. Department of Justice

St. Louis-Based KV Pharmaceutical to Pay $17 Million to Settle False Claims Allegations 

 

 http://go.usa.gov/51i 

 

December 2, 2011

 

U.S. Department of Justice

Detroit-Area Clinic Owner Sentenced to 78 Months in Prison for Role in $9.1 Million Medicare Fraud Scheme 

 

U.S. Attorney; Eastern District of Virginia Woodbridge Woman Sentenced to 51 Months for Defrauding Medicaid of Nearly $1 Million 

 

U.S. Attorney; District of Massachusetts Dorchester Pharmacist Sentenced for Medicaid Fraud

 

http://go.usa.gov/51i

HITECH Switch OnProducts now available in the HSG Store. 
We are also pleased to announce our Combo Package which includes:  
  1. Business Associate Agreement: HITECH Ready Model Contract 
  2. Breach Notification Framework 
  3. Breach Notification Policy 
  4. The Security Rule Under HITECH: a Business Associate's Perspective 
Save over $100.00 off the retail price. 

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HIPAA Breach Notification Framework 

Our HIPAA Breach Notification Framework walks you through the process of analyzing security incidents to determine what actions you must take to ensure your response complies with the HITECH Breach Notification requirements. The Framework discusses HITECH breach compliance in simple terms and uses twelve flowchart diagrams to help you navigate the process. It also includes tools and templates that help "jump start" your breach notification compliance initiative.

 

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Our HIPAA Breach Notification Policy 

This policy implements section 13402 of the HITECH Act which requires HIPAA covered entities and their business associates to provide notification following a breach of unsecured protected health information. The policy was derived from our HIPAA Breach Notification Framework and is included as a FREE gift that product

 

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Business Associate Agreement: a HITECH Ready Model Contract


Our model Business Associate Agreement includes provisions that meet the requirements of HIPAA/HITECH and is fully annotated with links to the relevant statutory/regulatory authority that underpins each Contract clause. The Contract package also includes a complete "User's Guide," with a clause-by-clause explanation of the issues addressed in the Contract. 

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The Security Rule Under HITECH:
a Business Associate Perspective
First Edition

The most important step for building a "good SR compliance story" is for the business associate to get started. The approach in The Security Rule Under HITECH is to build the story iteratively over time. Most business associates (large or small) will likely need help in creating the story. The framework discussed throughout this document provides a good road map to follow.

Buy Now...

HIPAA Survival Guide Third Edition

The Third Edition of the HIPAA Survival Guide updates various substantive text of the first two editions and adds completely new material. The HITECH Act has indeed proven to be transformational. In order to deal more effectively with its changing regulatory landscape we have decided to release an updated version available here and on Amazon's Kindle platform.

Buy Now...

HIPAA Core Training Combo

This package includes the Breach Notification Simplified Training Module, the HIPAA Privacy Rule under HITECH Training Module, the HIPAA Security Rule Under HITECH  Training Module and the HITECH and HIPAA Compliant  Training Module all in one Combo Package.  Buy all 4 for a little more than than the price of 3

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Other Resources

HSG Logo 
 
Dear Carlos,

Welcome to the January 2012 HITECH / HIPAA Compliance Newsletter. In the month of January we have a FREE webinar scheduled and we are launching HIPAA Survival Guide Radio.

    

FREE WEBINAR: HIPAA Security Rule Under HITECH 

 

Our HIPAA Security Rule Under HITECH Webinar will help get you up to speed on how the HITECH Act has impacted the HIPAA Security Rule and how marketplace trends are impacting it as well (e.g. PHI data breaches). We walk you through the Security Rule and discuss the effect that the HITECH Act has had under three major sections: 1) the Administrative Safeguards §164.308; 2) the Technical Safeguards §164.312; and 3) the Physical Safeguards §164.310.

 

Date: January 12, 2012. 

Time: 2:00 to 3:30 EST. 

To register Click Here.  

 

HIPAA Survival Guide Radio: Kickoff Show

 

Our weekly radio show will discuss topics related to how the HITECH Act is transforming HIPAA and: 1) provide exposure to industry thought leaders; 2) provide analysis of proposed and promulgated HHS/OCR rule making; and 3) provide a forum for sharing of industry best practices. Here's the overview video. To participate via chat you will need to create a FREE Blog Talk Radio account. No account is necessary just to listen. Archived copies of shows will be made available.

 

Date: January 20, 2012. 

Time: 3:00 to 3:30 EST. 

To listen Click Here

  

 

Additional training products now available on the HSG Store.

 

The featured article this month is entitled HIPAA Compliance: The Privacy Rule and the Patient's Bill of Rights?

 

This article explores the Patient's Bill of Rights ("PBR") contained within the HIPAA Privacy Rule.  Although the PBR has existed since the Privacy Rule was first promulgated, changing demographics and marketplace trends will force covered entities (and in many cases business associates) to take a new look at the PBR and its implications. Recently, due to the significant movement to EHRs enabled by the HITECH Act, it is the HIPAA Security Rule that has garnered most of the attention, and rightfully so. However, the PBR may (at the end of the day) be the single biggest driver of compliance change within an organization, superseded only by changes brought on by breach notification. 

HITECH / HIPAA Newsletter 

 

HSG Announcements
HSG LogoIn addition to our commercial-off-the-shelf training products, we now offer training customized for your organization through our partnership with the Digital Business Law Group. We recognize that some organizations, including business associates, have a need for HIPAA / HITECH training tailored to their specific needs (click here or on the image below to get more information).
 
HIPAA Training  
 

 

Our EHR Library remains one of our most popular downloads. Here you will find content that will help you select the right EHR package for your practice or facility and other useful EHR collateral.
 
HITECH Switch On  

 

Join the Conversation
The HIPAA Survival Group on LinkedIn continues to be the go to place for meaningful discussion of HITECH / HIPAA issues. You will find many industry thought leaders and insiders sharing their views on the evolving compliance landscape. 

Stay Connected
Want to stay updated throughout the month? Follow Carlos on Twitter by clicking on the badge below.  If you would like to read more regarding the authors' views on HIT and compliance click here and here and subscribe to their blogs.  
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Follow us on FaceBook by becoming a fan of the guide. Also, be sure to check out our HITECH Videos.




Advertising Opportunities
HSG is now welcoming advertisers to help support one of the most comprehensive and usable HITECH / HIPAA sites on the Internet. Our audience continues to grow as healthcare providers and business associates, both large and small, return to HSG again and again.
Main_Article
HIPAA Compliance: The Privacy Rule and the Patient's Bill of Rights?
Webtones PointerThis article explores the Patient's Bill of Rights ("PBR") contained within the   HIPAA Privacy Rule.  Although the PBR has existed since the Privacy Rule was first promulgated, changing demographics and marketplace trends will force covered entities (and in many cases business associates) to take a new look at the PBR and its implications. Recently, due to the significant movement to EHRs enabled by the HITECH Act, it is the HIPAA Security Rule that has garnered most of the attention, and rightfully so. However, the PBR may (at the end of the day) be the single biggest driver of compliance change within an organization, superseded only by changes brought on by breach notification. 

Changing demographics and marketplace trends?    
HITECH / HIPAA NewsletterStarting in 2008, 79 million baby boomers began retiring. The vast majority of these boomers are far more computer literate than their parents. By 2008 the Internet was well integrated into the daily life of the nation, therefore it would not be surprising to find that most boomers use it once a day, or at a minimum several times a week. Also, it has been estimated that a significant percentage of boomers will suffer a chronic illness during retirement. This is not surprising given the volume of chronic illness that exists in the US across age groups. A computer literate, aging, and ill population, with time to spare, will turn to the Internet en masse to look for remedies and the ability to maintain wellness.  

Ubiquitous mobile technologies will ensure that boomers have access to the Internet from all kinds of computing devices, from iPhones to laptops. The combination of widely available electronic healthcare records with the computing habits of boomers will ensure that the PBR is invoked in numbers far greater than has been experienced heretofore. The takeaway from a Privacy Rule perspective is that organizations must ensure that the processes that underpin the PBR are robust enough to support the anticipated rise in demand. It is safe to say that currently, given the historic weak demand, most organizations (except perhaps for the largest) lack the processes necessary to support their existing patient populations. 

For more information on usage of the Internet for healthcare see "The Rise of the e-Patient."

 

      

What exactly is the PBR?

Key Contract SectionsAs mentioned in the introduction to this article, the PBR is nothing new, it has been part of HIPAA from the onset. What is new is the response that organizations will have to make to the increased demand. The PBR is contained in sections  §164.520 through §164.528 of the Privacy Rule. The remainder of this article will provide an overview of the PBR, section by section. Before we do however, readers may be interested in what OCR Director Leon Rodriguez has to say regarding the PBR.

 

Read more...

 

About Us
HITECH Puzzles3Lions Publishing, Inc. is now the owner/operator of the HIPAA Survival Guide website and the official sponsor of this newsletter. Our mission is to bring you HITECH / HIPAA statutes and regulations in an easy to read and digestible format, products that help reduce the burden of compliance, and "news you can use" via our newsletter.

We take a partnering and collaborative approach to the marketplace. If you would like to see specific topics covered in this newsletter, or additional products, then please let us know.


Carlos Leyva, CEO
3Lions Publishing, Inc.


 

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