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

dividuals, 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 b
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