Want to avoid penalties and ignominy? Ensure HIPAA compliance!
If you are a Business Associate or a Covered
Entity or a healthcare organization that hires either or both of these; it is
time to roll up your sleeves. Inspectors from the Office of Health and Human
Services (HHS) could knock your door at any time to carry out HIPAA
inspections. If you are not in compliance in even a single aspect, it could
open a can of worms.
Heightened
vigilance from HHS
Of late, the HHS has stepped up inspections
and audits like no one’s business, looking out constantly for even the smallest
violation of HIPAA Privacy Security. It is especially after Business Associates
and Covered Entities. Seen from the HHS’ viewpoint; its stance is
unexceptionable: Statistics show that Business Associates or Covered Entities
account for a hefty share of the pie, being responsible for two thirds of the
data breaches.
Since these two are readily and easily
identifiable sources of HIPAA Privacy Security violations; it is but natural
for the HHS to target these. And the procedure for nailing the offender? All
that is given is a thirty-day notice period to rectify the fallout of the
error. If the prescribed steps are not implemented in full and in good faith,
the offender is labelled to have done these breaches accompanied by the legal
phrase, mens rea, meaning a guilty
mind. This forms the basis for arraignment, leading to a decision on the nature
and quantity of punishment.
Means of
avoiding hefty penalties
Why should organizations avoid being lax in
enforcing HIPAA Privacy Security? It is because the facts are there to see: In
2014, HIPAA settlements amounted to millions of dollars in penalties and fines,
the most notorious and publicized case being that of New York and Presbyterian
Hospital (NYP), which was ordered to cough up nearly $ 5 million to the Office
of Civil Rights (OCR).
Shouldn’t this serve as a warning to
healthcare organizations and Business Associates and Covered Entities to spruce
up their security? Yes, and the ways by which they can do this is through sheer
diligence. Diligence of the holistic and comprehensive type, that is.
Get to the
root of the problem
Typically, HIPAA Privacy Security should be
aimed at locating the possible sources through which data breaches can happen.
And then, the entity has to ensure that these are zeroed in on and insulated
from possible leaks. Unencrypted data, human error, errors resulting from data
stored in devices, and most importantly, from Business Associates –all these
need to be secured, if the organization has to ensure HIPAA Privacy Security.
Labels: HIPAA Privacy Security
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