If you cannot remember the last time your organization performed a HIPAA & HITECH Act Risk Analysis, or if you are unsure if your organization has ever performed a Risk Analysis, then this is the webinar for you. Jonathan P. Tomes will cover how to conduct a risk analysis and how to update it as necessary. Failure to conduct a written risk analysis qualifies as "willful neglect," which carries the highest civil money penalty ("CMP") and which penalty cannot be waived by DHHS as can violations due to a reasonable cause.
Because a risk analysis is a required implementation specification under the Security Rule, failure to do one is willful neglect.
And the civil money penalties are not the only sanctions for not doing a risk analysis. The remediation costs for a breach that might have been prevented had a risk analysis been done can be much more than the CMP. Blue Cross Blue Shield of Tennessee not only had to pay the $1.5 million settlement, but also it incurred $17 million in remediation costs-costs that might have been avoided had it done an updated risk analysis.
Why should you attend: The majority of the DHHS civil money penalties and settlements in lieu thereof involve, sometimes with other violations, failure to perform a written risk analysis. These penalties usually are in the seven figure range. Blue Cross Blue Shield of Tennessee, for example, settled for $1.5 million for failing to update its risk analysis when its physical security situation changed. Other seven-figure settlements involved failure to do the required initial risk analysis.
Areas Covered in the Session: