Overview: The HIPAA Breach Notification Rule has been in effect since September 23, 2009 and many organizations are not prepared to respond to a breach of PHI and report and document it properly. We will discuss the origins of the rule and how it works, including interactions with other HIPAA rules and penalties for violations, and recent significant changes to the rules.
The old "harm standard" for determining whether or not to report a breach has been replaced by a new process requiring a risk assessment to see if there is "low probability of compromise" or not. Unless one of the exceptions for reporting is met, the breach must be reported if there is greater than a "low" probability of compromise.
HIPAA Covered Entities and Business Associates need to know where and what information they have, so they can know if there has been a breach, and figure out if it meets an exception, and then determine if it has a "low probability of compromise." We'll discuss how to know what kind of breach you have and how to decide if you need to notify. We'll also cover how the rules have been changed to eliminate the "harm standard" and replace it with the risk assessment.
Entities can avoid notification if information has been encrypted according to Federal standards. We'll talk about what information needs to be encrypted the most and how entities are doing it. We will cover the guidance from the US Department of Health and Human Services that shows how to encrypt so as to prevent the need for notification in the event of lost data.
We will discuss how to create the right breach notification policy for your organization and how to follow through when an incident occurs. In addition, a policy framework to help establish good security practices is presented.
We will cover the essentials of information security methods you can use to keep breaches from happening, and be in compliance with the HIPAA Security Rule as well. We'll also discuss the new penalties for non compliance, including mandatory penalties for "willful neglect" that begin at $10,000.
We will help you understand what isn't a breach and under what circumstances you don't have to consider breach notification. You'll find out how to report the smaller breaches (less than 500 individuals), as required, within 60 days of the end of each year and you'll know why you want to avoid a breach involving more than 500 individuals – media notices, Web site notices, and immediate notification of HHS, including posting on the HHS breach notification “wall of shame” on the Web.
We will explain, based on historical analysis of reported breaches, what measures must be taken today to protect information from the most common threats, as well as discuss information security trends and explain what kinds of efforts will need to be undertaken in the future to protect the security of PHI. We will discuss the kinds of threats that exist for PHI and how they're changing as the hackers gain experience and abilities, and why you need to prepare for next-generation attacks now.
Areas Covered in the Session:
Breach Notification Laws
State Breach Notification Laws
Changes to HIPAA Breach Notification
Federal Breach Notification Law and Regulation
The Who, What, and How of Breach Notification
The Risk Assessment Process in Breach Notification
Preventing and Preparing for Breaches
Using an Information Security Management Process
Using Risk Analysis and Risk Assessment Before a Breach
Most Common Types of Breaches
Information Security, Incident, and Breach Notification Policies
The Importance of Documentation
Enforcement and Audits
New HIPAA Violation Categories and Penalties
Preparing for HIPAA Audits
Future Trends and New Threats to Prepare For
History vs. the Future
Why Security Trends Are Changing
Implications of New Directions in Attacks and Targets
Who Will Benefit:
Information Systems Manager
Chief Information Officer
Health Information Manager
Jim Sheldon-Dean is the founder and director of compliance services at Lewis Creek Systems, LLC, a Vermont-based consulting firm founded in 1982, providing information privacy and security regulatory compliance services to a wide variety of health care entities.
Sheldon-Dean serves on the HIMSS Information Systems Security Workgroup, has co-chaired the Workgroup for Electronic Data Interchange Privacy and Security Workgroup, and is a recipient of the WEDI 2011 Award of Merit. He is a frequent speaker regarding HIPAA and information privacy and security compliance issues at seminars and conferences, including speaking engagements at numerous regional and national healthcare association conferences and conventions and the annual NIST/OCR HIPAA Security Conference in Washington, D.C.
Sheldon-Dean has more than 30 years of experience in policy analysis and implementation, business process analysis, information systems and software development. His experience includes leading the development of health care related Web sites; award-winning, best-selling commercial utility software; and mission-critical, fault-tolerant communications satellite control systems. In addition, he has eight years of experience doing hands-on medical work as a Vermont certified volunteer emergency medical technician. Sheldon-Dean received his B.S. degree, summa cum laude, from the University of Vermont and his master’s degree from the Massachusetts Institute of Technology.
Phone No: 800-385-1607
Overview: This webinar will discuss the various anti-fraud and abuse provisions of the Affordable Care Act and will discuss the actions of that should be taken to minimize enforcement activities. Medicare it is a higher risk Federal program and has been designated as such by the GEN accountability office since 1990. Its vast size and complexity make it vulnerable to fraud, waste and abuse.
Lewis Morris, chief counsel to the Office of Inspector General, Department Of Health and Human Services, testifying before the Senate Finance Committee in 2009, stated, "Although we cannot measure the full extent of the health care fraud in Medicare and Medicaid, everywhere we look we continue to find fraud in these programs." Conservative estimates indicate that as much as $60 billion of total national health care spending is fraudulent. According to the New England Journal of Medicine, federal investigators have found that the Medicare System is being infiltrated by criminals and organized crime. However, fraud is not limited to the activities of organized crime.
In Morris’s testimony, he indicated, "Major corporations such as pharmaceutical and medical device manufacturers and institutions such as hospitals and nursing facilities have also committed fraud, sometimes on a grand scale." The Obama Administration has created a cabinet-level anti-fraud task force, overseen by the deputy attorney general and the deputy HHS’ secretary. This task force will oversee "strike force teams," composed of investigators from various federal agencies. The initial teams will be doubled and will target cities where healthcare fraud is rampant. Obamacare includes sweeping provisions to combat healthcare fraud and abuse. You should attend this webinar to learn about these provisions and how you can protect yourself and your organization.
Areas Covered in the Session:
More money to prevent and fight fraud
Hiring new agents and investigators
New task force
Better screening and compliance activities
Pre-enrolment screening program
Oversight of providers and suppliers
Moratorium to prevent new providers from joining program
Withholding payment where credible allegation of fraud made
New controls on high risk programs
Expand RAC program
Expand security bond program
Compliance programs required
Limits time for filing claims
New fines and penalties
Stronger civil and monetary penalties
Increase in sentencing guidelines for healthcare fraud
New fines and penalties for failure to return overpayments
Recapture fraudulent funds
New penalties for false claims
New penalties for marketing violations
Increased investigative power for nursing home fraud
Greater data sharing
Centralizes claims data
New data bank
Centralized data bank to identify "false front" providers
DOJ and OIG has greater access to CMS claims and payment data
Requires states to report additional Medicaid data
Requires faster sharing of terminated provider data with states
Actions that should be taken
Who Will Benefit:
Chief Executive Officers
Chief Operating Officers
Corporate Compliance Officers
Hospital Corporate Counsel
Chief Financial Officers
Physician Practice Managers
William Mack Copeland MS, JD, PhD, LFACHE, practices health care law in Cincinnati at the firm of Copeland Law, LLC. He is also president of Executive & Managerial Development Group, a consulting entity providing compliance and other fraud and abuse related services. A graduate of Northern Kentucky University Salmon P. Chase College of Law, Bill is a frequent author and speaker on health law topics.
Copeland is a member of the American Health Lawyers Association, American, Ohio and Cincinnati Bar Associations and is a life fellow in the American College of Healthcare Executives. He was awarded the American College of Health Care Executives Senior-Level Healthcare Executive Regent’s Award in 2007.
Phone No: 800-385-1607
Event Link: http://bit.ly/1aGoXbf