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HITECH / HIPAA Newsletter September 2012

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

 September  2012 Issue No. 33
In this Issue
Products now available in the HSG Store
Preparing for the HHS Omnibus Rule: building a strong foundation.
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. 

Buy Now...  

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


Buy Now...  

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

 Buy Now...
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Other Resources

Business Associate Agreement
Business Associate Agreement
HITECH / HIPAA Core Training Modules Overview
HITECH / HIPAA Core Training Modules Overview

HIPAA Privacy Rule Checklist Product Overview
HIPAA Privacy Rule Checklist Product Overview

HITECH Breach Notification Framework Overview
HITECH Breach Notification Framework Overview

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Dear Carlos,

Welcome to our September 2012 HITECH / HIPAA Compliance Newsletter.  


The featured article this month is entitled: Preparing for the Omnibus Rule: building a strong foundation


Building a solid understanding of the HIPAA Rules, as modified by HITECH, is not an easy task; nor is it a task that can be accomplished simply by reading the "Cliff Notes." The HIPAA Survival Guide contains the full text of the Rules and we encourage readers to peruse them when necessary (and it is often necessary). However, even attorneys don't like reading pure statutory text out of context, so this article will provide a guided tour of how to launch your own education plan based on our suggestions from previous issues.



PRCLFrontPage The HIPAA Survival Guide is pleased to announce that our HIPAA Training Combo Package continues to deliver significant training value based on sales volume and customer feedback. 


HITECH / HIPAA Newsletter 
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  


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.  

Become a Fan
Follow us on FaceBook by becoming a fan of the HIPAA Survival 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 Preparing for the HHS Omnibus Rule: building a strong foundation.
Webtones Pointer The challenges of complying with the HIPAA Rules under HITECH cannot be overstated; they appear (and are) daunting to the uninitiated (e.g. most of the healthcare industry). That is why this newsletter and our Products have focused on education.

Until you become grounded in the Rules, you really can't effectively launch a successful compliance initiative. Without a GPS you will likely wander around the desert for a considerable amount of time and perhaps, needlessly waste your already constrained compliance budget. 


HITECH / HIPAA NewsletterWhat is the HHS Omnibus Rule?


Glad you asked! The Omnibus Rule ("Rule") is comprehensive in scope. Here's the money quote from HHS' NPRM regarding its contents:   

While passage of the HITECH Act necessitates much of the rulemaking below, it does not account for all of the proposed changes to the HIPAA Privacy, Security, and Enforcement Rules encompassed in this rulemaking. The Department is taking this opportunity to improve the workability and effectiveness of all three sets of HIPAA Rules. The Privacy Rule has not been amended since 2002, and the Security Rule has not been amended since 2003. 
While the Enforcement Rule was amended in the October 30, 2009, interim final rule to incorporate the enforcement-related HITECH statutory changes that are already effective, it has not been otherwise substantively amended since 2006. In the intervening years, HHS has accumulated a wealth of experience with these rules, both from public contact in various forums and through the process of enforcing the rules. In addition, we have identified a number of needed technical corrections to the rules. 
Accordingly, we propose a number of modifications that we believe will eliminate ambiguities in the rules and/or make them more workable and effective. Further, we propose a few modifications to conform the HIPAA Privacy Rule to provisions in the Patient Safety and Quality Improvement Act of 2005 (PSQIA).

In other words, the Rule is a big deal because it is likely to set the stage for the HIPAA Rules for at least the next three to five years (i.e. major revisions like this simply do not occur all that often). 


According to HHS, once the Rule is finalized covered entities (CEs) and business associates (BAs) will get 180 days to comply. HHS also plans to update the HIPAA Rules to make the 180 days a "general rule" with respect to when compliance by stakeholders is effective after a rule change.


Key Contract Sections In short, now that the U.S. Supreme Court has ruled on the Affordable Care Act (i.e. eliminating any confusion with the HITECH Act and its viability), the Rule is likely to drive the message that this is simply not your daddy's HIPAA any longer and its time to make a move.



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

Contact us today