Navigation Links
Six Tips for Healthcare Providers About the New HIPAA Omnibus Rule
Date:6/17/2013

Burlington, Vt. (PRWEB) June 17, 2013

Earlier this year, the U.S. Department of Health and Human Services adopted tough standards to strengthen the privacy and security protections for health information under the Health Insurance Portability and Accountability Act (HIPAA) with the final Omnibus Rule. These modifications enhance patients’ protection of the privacy of their health records and provide them with new rights to their health information, while also supporting the government’s ability to enforce the law.

For healthcare providers, psychologists, social workers and other health professionals and entities, understanding and adhering to these changes is essential, but can oftentimes be confusing and tedious to keep up with. Eileen Elliott, partner in the Burlington law firm Dunkiel, Saunders, Elliott, Raubvogel & Hand, focuses on health care law and offers the following six tips to help healthcare providers navigate the new HIPAA rule.

1.    Be familiar with the 2009 HITECH Act.
Most of the changes in the Omnibus Rule are not entirely new, and already exist under various proposed and interim rules under HIPAA and the HITECH Act. By understanding HITECH’s obligations regarding breach notification, the new rule will be less daunting.

The other interim or proposed rules folded into the Omnibus Rule include the HIPAA Privacy, Security and Enforcement Rules; rules incorporating the increased and tiered civil money structure; Breach Notification for Unsecured Protected Health Information; and the rule modifying the Genetic Information Nondiscrimination Act.

2.    Go over the enhanced breached notification requirements.
Strengthened breach reporting is one of the major effects of the Omnibus Rule. While the prior rule stated that breaches were not reported unless they posed a “significant risk of reputational, financial or other harm” to individuals, the determination is now based on the risk that public health information (PHI) has been “compromised.” A risk analysis is now required to determine the probability that PHI has been compromised.

3.    Understand the increased business associate liability.
Business associates, or entities that create, receive, maintain or transmit PHI, have new requirements that increase their liability and can now be directly liable for HIPAA noncompliance. The updated requirements include contracting ramifications, Security Rule Compliance, use and disclosure requirements of the Privacy Rule, providing copies of ePHI, maintaining accounting of disclosures and providing Health and Human Services (HHS) with PHI during review or audit.

4.    Recognize Health and Human Services’ enhanced fining authority.
HHS may now fine any Covered Entity, Business Associate or responsible party for a violation and retains the authority to charge multiple violations related to a single event, such as a breach. Monetary penalties will be tallied on a per person and per day basis. It is important to recall that the maximum annual cap of $1.5 million is applied on a “per provision” basis. It is not an overall limitation on liability but can be multiplied several times over depending on the number of provisions violated.

5.    Note the extension of GINA requirements.
All plans that are subject to HIPAA are now also subject to the Genetic Information Nondiscrimination Act (GINA). Revisit the definition of genetic information under the act to determine what is classified as this type of material as it is now forbidden to be used for underwriting.

6.    Mark your calendar.
The Omnibus Rule became effective on March 26, 2013 and the compliance deadline is September 23 of this year. There is a deferred compliance date provided in special cases for existing business associate agreements that comply with HITECH, but at the latest all contracts must be compliant by September 22, 2014.

The full final rule can be read in Federal Register, which can be accessed here. To learn more about Dunkiel Saunders, please visit http://www.dunkielsaunders.com.

###

About Dunkiel Saunders
Dunkiel Saunders is a Burlington, VT based law firm that was founded with the mission to serve the public interest and improve the world around them. The practice focuses primarily on environmental, energy, health care, telecommunications, nonprofit and business law, as well as provides legal services in a range of other related practice areas like green marketing, renewable energy, intellectual property, agriculture and food producers, real estate and more.

Dunkiel Saunders is designed to help their clients make a difference. Each experienced attorney provides strategic advice to support leaders in businesses, nonprofits and government take meaningful action to achieve their goals. To learn more about Dunkiel Saunders, please visit http://www.dunkielsaunders.com.

Read the full story at http://www.prweb.com/releases/2013/6/prweb10840815.htm.


'/>"/>
Source: PRWeb
Copyright©2012 Vocus, Inc.
All rights reserved

Related medicine news :

1. California Healthcare Institute Event
2. Orbograph Announces Educational Healthcare Payments White Paper on Reassociating EFT/ACH Payments to ERA’s in 2014
3. Orbograph Announces New Business Partnership with Healthcare Revenue Strategies (HRS)
4. Active Family Chiropractic of Gaithersburg, MD Welcomes Veteran Massage Therapist Nadia Faucher to its Healthcare Team
5. North American Healthcare IT Market Is Forecast to Grow at a CAGR of 7.4% to Reach $31.3 Billion by 2017 from $21.9 Billion in 2012 – New Report by MarketsandMarkets
6. Austerity cuts to Spanish healthcare system are putting lives at risk
7. African Mango Plus Company Launches Weight Loss and Energy Boosting Formula for Men and Women at Healthcaresupplementz.com
8. Researcher awarded grant to study food insecurity in homes of child with special healthcare needs
9. Asset Management Market in Healthcare & Pharma Industries Analyzed in New Research Report at ReportsnReports.com
10. Innovative Approach to Healthcare through Telemedicine by Online USA Doctors
11. Top Natural Healthcare Clinic Comes to Wauwatosa
Post Your Comments:
*Name:
*Comment:
*Email:
(Date:2/27/2017)... ... February 27, 2017 , ... It’s ... strength, which often leads to a host of health issues, including urinary incontinence. ... Geriatrics Society discovered that good overall muscle strength in older women, particularly ...
(Date:2/27/2017)... , ... February 27, 2017 , ... ... Shamanic Healing and Spiritual Awakening, is happy to announce her “Spring Rejuvenation ... and body, these individual customized retreats offer the winter-weary soul an excellent opportunity ...
(Date:2/27/2017)... ... , ... Elisa Guajardo Carothers is not your typical author. She went from working as a ... she writes about God, when she isn’t swimming as a performing mermaid. , Her book ... (Before Satan),” she offers a comedic look at the dysfunctions of God’s family, before Lucifer ...
(Date:2/27/2017)... ... February 26, 2017 , ... Miro is the ultimate smart ... video system brings songs, movies, TV shows and much more apps for user exploration. ... sound. An immersive view of 1280 x 720 provides crisp images with remarkable clarity ...
(Date:2/27/2017)... ... 27, 2017 , ... Sunshine Coast Health Centre (SCHC), one ... at https://www.sunshinecoasthealthcentre.ca/ , is proud to announce the addition of a registered ... Centre's commitment to innovation in drug rehab and alcohol treatment strategies beyond a ...
Breaking Medicine News(10 mins):
(Date:2/24/2017)... Research and Markets has announced the addition of the "Global ... report to their offering. ... The Global Wireless Health Market is poised to ... to reach approximately $330.5 billion by 2025. This industry ... segments on global as well as regional levels presented in the ...
(Date:2/24/2017)... , Feb. 24, 2017 Research and Markets ... & Trends - Industry Forecast to 2025" report to their offering. ... The Global Empty Capsules ... the next decade to reach approximately $2.9 billion by 2025. ... the given segments on global as well as regional levels presented in ...
(Date:2/24/2017)... 24, 2017 Research and Markets has announced the ... 2016" report to their offering. ... The latest research Dry eye Drugs Price Analysis and Strategies ... eye market. The research answers the following questions: ... their clinical attributes? How are they positioned in the Global Dry eye ...
Breaking Medicine Technology: