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Last week at the OCR/NIST conference, Building Assurance
through HIPAA Security, Linda Sanches of the Office for Civil
Rights provided an extensive update on the pilot HITECH audit
program, including preliminary findings, what regulated entities
can expect next and suggestions for covered entities concerned
about being audited. Mintz Levin attended the conference and is
pleased to share some of the highlights below:
The initial round of audits included 8 health plans, 10
providers, and 2 clearinghouses.
Providers had the most findings (81%). Provider findings were
both privacy and security related.
The most common privacy findings included misuse of the PHI of
deceased individuals, compliance with the patient confidential
disclosures right, disclosures for judicial proceedings, compliance
with the patient access right, failure to follow policies and
procedures, no evidence of policy and procedure implementation,
insufficient policies and procedures, failure to review and update
policies on an ongoing basis, and failure of the organization to
prioritize HIPAA compliance.
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The 2010 theft of an unencrypted laptop containing confidential health care information made front-page news in 2013, not because a huge number of patients were affected, but for the exact opposite reason.
Identity theft is a serious threat. In 2012, more than 12.6 million adults became victims of identity theft in the U.S.1 And the costs have been astronomical.
On April 22 Verizon released its 2013 Data Breach Investigations Report (DBIR), which has since 2008 become a leading annual survey of data breaches, with participants across the globe.
Increasingly, privacy is a big concern in app development. California and other jurisdictions are ramping up enforcement efforts around existing privacy laws.
Understanding the complexities of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy and Security Rules is often a challenge for health care providers and consumers.
Any company that collects personal data from consumers should take proactive steps to have appropriate legal counsel review its data security practices, as well as its terms of service or privacy practices, to identify any potential problem areas.
The U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) published on its website a series of factsheets designed to educate consumers unfamiliar with their rights under the Health Insurance Portability and Accountability Act’s (HIPAA) Privacy and Security Rules.
FTC On The Prowl, And Businesses Looking For Guidance On New COPPA Changes
