Now, under the HITECH Act, policing will become a two-way street — the business associate also must monitor the physician's compliance.
More than 90 percent of health care companies are not ready to comply with the privacy and security provision of the Health Information Technology for Economic and Clinical Health Act, according to a survey conducted by the Ponemon Institute and sponsored by Crowe Horwath
via Health Care Companies Not Ready for HITECH Act.
Here’s how it typically happens: Someone steals your Social Security or insurance policy numbers and uses it to pose as you to illegally obtain medical care. Since the provider thinks the impostor is the real you, information concerning the impostor’s condition and treatment is added to your medical record. Not only is this fraud, but it can also lead to misdiagnosis and significant personal harm.
via A HIPAA Twist That Can Hurt – Tech Insider.
Under the interim final rule published Friday, the following penalties for HIPAA violations will apply on or after Nov. 30:
# The minimum civil penalty is $100 per violation if the covered entity was unaware of it and, by exercising reasonable diligence, would not have known about the violation.
# The minimum civil penalty is $1,000 per violation for those that were the result of “reasonable cause” involving circumstances that would make it unreasonable for the covered entity to comply.
via HHS publishes interim final HIPAA rule | Business Insurance.
HIPAA Transactions
The latest House bill also includes a provision to establish national standards for electronic claims submission and other HIPAA transactions.
The provision calls for officials to develop data exchange capabilities that can:
* Determine a patient’s financial responsibility at the point of service;
* Enable real-time claims adjudication;
* Harmonize data sets from administrative and clinical transactions; and
* Support machine-readable identification cards.
via Latest Reform Bill Would Revise HIPAA Standards, Track Medical Devices – iHealthBeat.
Several missing CDs containing unencrypted personal data on 68,000 members of the CalOptima managed care plan have been traced to a secure postal facility in Atlanta. The discs went missing two weeks ago.
via CalOptima recovers discs with personal data on 68,000 members.
When patients visit a physician or hospital, they know that anyone involved in providing their health care can lawfully see their medical records.
But unknown to patients, an increasing number of outside vendors that manage electronic health records also have access to that data, and are reselling the information as a commodity.
via Medical Records: Stored in the Cloud, Sold on the Open Market | Threat Level | Wired.com.
70 Percent of Surveyed Hospital Security Professionals Say Senior Management Fail to Prioritize Privacy and Data Security
via New Study Reveals Push to Electronic Medical Records Puts Patient Privacy at Risk | Reuters.
ane W. Duke, United States Attorney for the Eastern District of Arkansas, along with Thomas J. Browne, Special-Agent-in-Charge of the Little Rock Division of the Federal Bureau of Investigation, announced today the sentencings of Dr. Jay Holland, of Little Rock, Arkansas; Sarah Elizabeth Miller, of England, Arkansas; and Candida Griffin, of Little Rock, Arkansas. United States Magistrate Judge Henry L. Jones, Jr. sentenced Holland to one year of probation, a $5,000 fine to be paid in 60 days, and 50 hours of community service educating professionals on HIPAA. Miller was sentenced to one year probation and a $2,500 fine payable in installments. Griffin was sentenced to one year probation and a $1,500 fine payable in installments.
via Federal Bureau of Investigation – The Little Rock Division: Department of Justice Press Release.