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HITECH / HIPAA Newsletter July 2013 Archive


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

 July 2013 Issue No.  43
In this Issue
Products now available in the HSG Store
The HHS Omnibus Rule: HIPPA Myth Making Continues
HITECH Switch OnProducts now available in the HSG Store. 


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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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.

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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
HIPAA Survival Guide Store Overview
HIPAA Survival Guide Store Overview

Cloud, Social Media, and Mobile Checklist Product Overview
Cloud, Social Media, and Mobile Checklist Product Overview
Business Associate Agreement Product Overview
Business Associate Agreement Product Overview
HIPAA / HITECH Core Training Product Overview
HIPAA / HITECH Core Training Product Overview
Privacy Rule Checklist Product Overview
Privacy Rule Checklist Product Overview
Breach Notification Framework Product Overview
Breach Notification Framework Product Overview

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Dear Carlos,

Welcome to our July 2013 HITECH / HIPAA Compliance Newsletter.  

 

Our article this month is entitled: Cyberwar: The Real Reason This is Not Your Daddy's HIPAA.

 

This article provides insight as to why HIPAA  has grown in importance for a host of reasons that are not directly linked to the HITECH Act. Yes, the HITECH Act was (and is) a transformative piece of legislation, and four years out the healthcare industry is still struggling to comply. The latter condition has more to do with compliance budgets lacking the wherewithal to get the job done than any inherent complexity in the new statute and regulations. Although, to be sure, there is no shortage of complexity. 

 

However, the real reason that HIPAA is now more important than ever is that the healthcare industry, taken as a whole, represents critical U.S. infrastructure, and almost certainly would be a target for a cyber attack should a full scale Cyberwar commence. There have already been many attacks on critical infrastructure around the world; some that the U.S., in collaboration with its allies (e.g. Israel) have launched preemptively in order to send an unequivocal message: "don't even think about coming after us, we will retaliate with far more fire power then you have available;" a kind of cyber "shock and awe" threat.

 

HSG Subscription Plan Front Cover We are pleased to announce Release 1.0 of our Subscription Service which is available for purchase in our new HIPAA Survival Guide Store along with our suite of Omnibus Rule Ready™ products. Our product suite has been updated to reflect Omnibus Rule modifications.

 

Our Subscription Service and products ("Products") provide policies, processes, and tracking mechanisms to help covered entities and business associates deliver visible, demonstrable evidence of HIPAA compliance. The HIPAA Rules tell you what is required in order to comply; our Products provide best practice step-by-step guidance to help you meet your compliance objectives.

HSG Announcements
Webtones PointerIn 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  

 

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. 

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Main_Article  Cyberwar: The Real Reason This is Not Your Daddy's HIPAA.
Webtones Pointer This article provides insight as to why HIPAA  has grown in importance for a host of reasons that are not directly linked to the HITECH Act. Yes, the HITECH Act was (and is) a transformative piece of legislation, and four years out the healthcare industry is still struggling to comply. The latter condition has more to do with compliance budgets lacking the wherewithal to get the job done than any inherent complexity in the new statute and regulations. Although, to be sure, there is no shortage of complexity. 

 

However, the real reason that HIPAA is now more important than ever is that the healthcare industry, taken as a whole, represents critical U.S. infrastructure, and 
almost certainly would be a target for a cyber attack should a full scale Cyberwar commenceThere have already been many attacks on critical infrastructure around the world; some that the U.S., in collaboration with its allies (e.g. Israel) have launched preemptively in order to send an unequivocal message: "don't even think about coming after us, we will retaliate with far more fire power then you have available;" a kind of cyber "shock and awe" threat.

 

HITECH / HIPAA NewsletterWhat is Hagel Sweating

 

The Secretary of Defense Chuck Hagel recently warned that cyber threats posed a "quiet, stealthy, insidious" danger." Hagel continued "Cyber threats are real, they're terribly dangerous... They're probably as insidious and real a threat (as there is) to the United States, as well as China, by the way, and every nation." This is NOT idle talk on the part of the Secretary of Defense. Anyone paying attention at all to the cybersecurity dialog (and pending legislation) going on in Washingtom knows that the intensity of the conversation has increased dramatically.
 
OK, we get that, but what does that have to do with HIPAA and why should we care? Although normally not included as critical a "piece" of infrastructure as our electric grid or defense systems, the healthcare industry, by any measure, represents a cyberwar national security threat and infrastructure that must be protected. 
 
In our opinion, neither HIPAA (as originally promulgated) nor the HITECH Act, had national security in mind first and foremost (if at all). HIPAA was intended as "Administrative Simplification" for a set of electronic transactions with privacy and security thrown in for good measure. HITECH focused more on privacy and security because of the move to EHRs. Yes, both were a recognition that as a nation we were at an "electronic inflection point," and that the rising voice of privacy groups needed to be heeded, and at the very least could not be ignored.
 
However, we don't believe that hacking threats from China or digitally enabled organized crime was the driving force of the legislation. But things have changed rapidly and the pace of change, and related risks, in our global communications systems are increasing dramatically. HIPAA/HITECH are now tools that the U.S. government can use to encourage (or coerce) the healthcare industry to step up to the challenge.
  

Key Contract Sections Healthcare Stepping up to the Challenge?

 

It won't come as a surprise to readers of this newsletter that we believe that the healthcare industry is woefully behind the curve when it comes to privacy and security, especially when compared to other regulated industries such as financial services. For a number of reasons this status quo will become increasingly more difficult to maintain, the national security interest of the U.S. being at or near the top of the list that will drive change.

 

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.
(800) 516-7903



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