This session will review the scope of what must be done to stay in compliance with the HIPAA regulations as individual access comes into focus both as a right that is vigorously enforced, yet now limited in some ways by a new Federal court order.
Keeping up with these complex changes is essential to compliance with HIPAA access requirements. The session will prepare organizations for the impacts of likely rule changes in areas such as Accounting of Disclosures, the Notice of Privacy Practices, cell phone communications, and new technologies.
New rules expected for Accounting of Disclosures will be explored and their expected futures and impacts will be discussed, and impacts of changes to 42 CFR Part 2 and controls on information relating to substance use disorders will be explained. One potential impact is not a HIPAA change, but an increase in the demand for requests to exert rights to keep treatment secret from health plans, which could result from changes to the ACA.
This session will help practices prepare for the various changes and avoid the significant penalties (up to $1.7 million and beyond) for non-compliance.
Issues in Individual Access of Records under HIPAA
- Overview of HIPAA Regulatory Changes
- New Regulatory Directions
- Rule Modifications and Guidance on the COVID-19 Pandemic
- Overdue Regulatory Action
- Court Ruling Limiting Regulations
HIPAA Accounting of Disclosures Changes Expected
- New Emphasis on Enforcement of Individual Access Rules
- New Court Ruling Limiting Third-Party Access Requests
- New Limitation of Business Associate Liability for Compliance
Potential Rule Changes
- Current Accounting of Disclosures Requirements
- Required Changes and Difficulties Implementing Them
- Likely Regulation to be Proposed
HIPAA Controls and New Technologies
- Acknowledgement of Receipt of Notice of Privacy Practices
- TCPA and Cell Phone Communications
- Impact of Potential Changes to Affordable Care Act
- Getting Back to Normal After the Pandemic Emergency
Why you should Attend:
- Difficulty in Managing Privacy
- Calls for HIPAA Expansions
The HIPAA Officer in any HIPAA covered entity has a great deal of responsibility, and the right answers to compliance questions are not always obvious. The HIPAA Regulations carry significant obligations to protect the privacy and security of Protected Health Information, and significant penalties in the millions of dollars can result from non-compliance.
Even if you have become a master of HIPAA compliance in the past, you could be out of compliance today because of the changes to the rules, new guidance, changes in how you do business and manage PHI, changes to the threats to privacy and security, and even changes in other laws and policies not directly related to HIPAA. New technologies present new compliance challenges, and the COVID-19 pandemic has brought focus to HIPAA limitations on communications that have been clarified or relaxed for the emergency.
All of these changes have an impact on your HIPAA compliance, and if you don’t keep up, you are leaving yourself open to complaints and enforcement investigations. The HIPAA Officer needs to be up-to-date on the latest issues and be ready to review all the aspects of HIPAA compliance now, to be sure you are working in the right direction and are addressing the issues of greatest importance.
Areas of the rules that have shown compliance problems in the past are now targeted with guidance and audits to improve and verify compliance. There is plenty that can go wrong with HIPAA compliance, but with the right training and resources you have a chance to make your patients happy and stay out of trouble.
Areas Covered in the Session:
Who Will Benefit:
- Emergency orders during the COVID-19 pandemic allow necessary flexibility but won't last forever
- There may be a change to requirement to Obtain an Acknowledgement of the Receipt of a Notice of Privacy Practices
- There may be a change to rules under TCPA (regarding calling or messaging cell phones)
- Changes to ACA may impact the use of HIPAA rights to limit disclosures
- Guidance has recently been provided on the HIPAA compliance liability of Business Associates
- 42 CFR Part 2 (regarding Substance Use Disorder information) may become better aligned with HIPAA
- There is inadequate coverage under HIPAA for new technologies and new kinds of patient information technologies
- HIPAA Privacy Officers
- HIPAA Security Officers
- Information Security Officers
- Risk Managers
- Compliance Officers
- Privacy Officers
- Health Information Managers
- Information Technology Managers
- Information Systems Managers
- Medical Office Managers
- Chief Financial Officers
- Systems Managers
- Chief Information Officer
- Healthcare Counsel/lawyer
- Operations Directors