HIPAA Omnibus Bill Is Here

Anesthesia Compliance Consultants has summarized the major provisions of the HIPAA Omnibus Rule, which will be effective March 26, 2013 with a compliance date of September 23, 2013. This will affect anesthesia practices in many ways.

 

1.  Final modifications to HIPAA

  •   Make business associates of covered entities directly liable for compliance with HIPAA Privacy and Security Rules’ requirements.
  •   Strengthen the limitations on the use and disclosure of protected health information (PHI) for marketing and fundraising purposes, and prohibit the sale of PHI without individual authorization.
  •   Expand individuals’ rights to receive electronic copies of their health information and to restrict disclosures to a health plan concerning treatment for which the individual has paid out of pocket in full.
  •   Require modifications to, and redistribution of, a covered entity’s notice of privacy practices.
  •   Modify the individual authorization and other requirements to facilitate research and disclosure of child immunization proof to schools, and to enable access to decedent information by family members or others.
  •   Adopt the additional HITECH Act enhancements to the Enforcement Rule such as the provisions addressing enforcement of noncompliance with the HIPAA Rules due to willful neglect.
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Lack of HIPAA Policies is Expensive

The Office for Civil Rights announced a settlement of potential violations of the HIPAA and Breach Notification Rules on December 27, 2013 with Adult & Pediatric Dermatology, P.C., of Concord, Mass., (AP Derm).

AP Derm settled potential violations with the OCR for a $150,000 payment and a corrective action plan. AP Derm is a private dermatology practice with four locations in Massachusetts and two in New Hampshire.

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Hospital Breach Brings Lawsuit

Recently a lawsuit has been brought against New York State’s North Shore-Long Island Jewish Health System for $50 million for allegedly allowing a data breach that violated confidential patient information and failing to report this to the affected patients for almost a year.

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