Is Your Organization Fully Omnibus Rule HIPAA Compliant?

20 Jul

Is Your Organization Fully Omnibus Rule HIPAA Compliant?

By HIPAA Exams

Key Notes of Health Care Compliance From HIPAA Exams, Inc. March 2014 Is Your Organization Fully Omnibus Rule HIPAA Compliant? September 23, 2013 is long past, but compliance is still the priority!  With the rise of the mobile workforce, compliance may be difficult; however, it is absolutely necessary to avoid costly penalties.  Review the checklist below to see how you measure up in Omnibus Rule HIPAA compliance.

  1. Have you appointed a Privacy Officer?**
  2. Have you appointed a Security Officer?
  3. 3. Have you complied with all required HIPAA Security Rule requirements to implement safeguards: administrative, technical, and physical? Document this implementation!
    1. a.  If you did not implement any of the security standards, you must document your reasons for not complying!
    2. Have you updated your Notice of Privacy Practices (NPP) and posted the updated NPP on your organization website?**
    3. Have you amended your Business Associate Agreements (BAAs) to include the additional required HIPAA provisions?
      1. Remember, existing compliant BAAs must be amended by September 23, 2014. New BAAs must have been completed by September 23, 2013 and contained the Omnibus Rule mandated requirements.
      2. Have you trained or retrained your workforce on all of the new Omnibus Rule HIPAA requirements including security workforce training?
        1. Training of all workforce is mandated under the HIPAA Privacy Rule on policies and procedures with respect to PHI.
        2. Training is mandatory! Document all training!
  1. 7.Have you established policies and procedures for providing access to electronic protected health information (ePHI) to third parties when requested by an individual? 
    1. a.Document the policies and procedures!
    2. 8.Have you conducted an annual security risk assessment?
      1. a. Is this assessment and results documented?
      2. 9.How are you addressing any issues in the risk assessment?
        1. a. Document your action items.  
        2. 10.How are you ensuring that ePHI is secure? Are you using encryption or destruction?
          1. a.Document this in Security Policies and Procedures.
          2. 11. Do you have Policies and Procedures in place for breach notification should one occur?
            1. a.  Make sure that your policies and procedures include the "low probability of compromise of ePHI"test.
            2. b. Document all breaches involving fewer than 500 individuals to your annual reporting to the Department of Health and Human Services (HHA) as required by HIPAA.

Key takeaways from this checklist:

  • Document, document, document
  • Train, train, train
  • Secure all PHI
  • Comply, with data protection regulations.
  • Avoid costly breaches!

Be ready if an audit comes! Stay current with HIPAA requirements through current educational online learning through HIPAA Exams, Inc.  Current educational modules are available for Business Associates, Administrators, Health Care Providers, Nurses, Medical Office Staff, and other Health Care workers.

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You might know the main components of the Health Insurance Portability and Accountability Act (HIPAA), but did you know that many rules are embedded within it? One is the Omnibus Rule, which encompasses a set of final regulations that modify and expand HIPAA's existing framework, aiming to strengthen the privacy and security of health information.

To better understand this rule and how it affects healthcare organizations like yours, we need to understand who and what the "moving parts" that make up the operation are. In this blog, we'll recap these critical components and summarize how they play into the Omnibus Rule.

Omnibus Rule: An Overview

The Omnibus Rule marks a revolutionary shift in healthcare compliance and privacy, reshaping the landscape with its groundbreaking provisions. It's not just an update; it's a game-changer, redefining the way health information is protected and managed.

Firstly, it extends the scope of HIPAA's privacy and security standards by making business associates of covered entities directly accountable for compliance. This change broadens the range of entities responsible for protecting sensitive patient data.

Secondly, it enhances patient privacy protections, granting individuals increased rights over their health information. This includes stricter guidelines on the use and disclosure of their information for marketing and fundraising purposes and the prohibition of selling health information without explicit consent.

Moreover, the rule integrates the Genetic Information Nondiscrimination Act (GINA) into HIPAA, offering greater protection against genetic discrimination in health insurance and employment. It also revises the requirements for breach notification, implementing a more objective standard for determining when an incident involving health information must be reported.

Impact of the Omnibus Rule on Healthcare Providers and Organizations

The HIPAA Omnibus Rule significantly affects how healthcare providers and organizations handle protected health information (PHI), introducing new challenges and responsibilities:

  1. Compliance Challenges: One of the biggest impacts of the Omnibus Rule is the heightened standard for compliance. Healthcare providers and their business associates must now navigate more stringent privacy and security requirements. This includes ensuring proper PHI safeguards, understanding the expanded definition of a breach, and managing more comprehensive business associate agreements.
  2. Best Practices for Compliance: To successfully adhere to the Omnibus Rule, healthcare organizations should consider adopting several best practices:
  • Conduct regular risk assessments to identify and mitigate potential vulnerabilities in handling PHI.
  • Update policies and procedures to align with the new standards set by the Omnibus Rule.
  • Train staff comprehensively about their roles and responsibilities under HIPAA, emphasizing the importance of data privacy and security.
  • Establish clear channels of communication with business associates to ensure mutual compliance with HIPAA requirements.
  • Stay informed about ongoing changes and updates in healthcare regulations to maintain compliance.

By understanding and addressing these challenges, healthcare providers can not only comply with the Omnibus Rule but also enhance their overall approach to patient privacy and data security.

Patient Rights and the Omnibus Rule

The HIPAA Omnibus Rule significantly amplifies patient rights concerning their health information, marking a pivotal shift towards greater patient autonomy and control:

  • Enhanced Patient Protections: The rule provides patients with more control over their health information. It limits how their PHI can be used and disclosed, particularly for marketing and fundraising activities, and requires explicit consent for its sale. This empowers patients, ensuring their health data is used in a manner they are comfortable with.
  • Implications for Patient Access and Communication: The Omnibus Rule also impacts how patients access their health information and how healthcare providers communicate with them. Patients now have more rights to access their electronic health records and can request restrictions on certain disclosures of their PHI to health plans. Additionally, the rule simplifies the process for patients to authorize the use of their health information for research purposes.

These enhancements to patient rights are regulatory requirements as well as opportunities for healthcare providers to build trust and strengthen relationships with their patients. By respecting and facilitating these rights, providers can demonstrate their commitment to patient privacy and ethical healthcare practices.

Penalties for Noncompliance with the HIPAA Omnibus Rule

Noncompliance with the HIPAA Omnibus Rule can lead to substantial penalties, varying based on the nature of the violation and the level of culpability involved. Healthcare providers and associates must understand these penalties to ensure diligent adherence to the rule:

  1. Civil Monetary Penalties: The penalties range significantly depending on the nature of the violation. For violations that are not due to willful neglect and are timely corrected, the penalties can be more lenient. However, for serious violations, particularly those due to willful neglect that are not corrected, the penalties are much steeper. The penalty structure is tiered, with a minimum of $137 for violations where the covered entity did not know and could not have known with reasonable diligence. The maximum penalty amount can go up to $2+ million annually for all violations of an identical provision​​​​.
  2. Criminal Penalties: Beyond civil monetary penalties, intentional violations of the HIPAA rules can result in criminal penalties. These penalties include fines and, in severe cases, imprisonment. The severity of criminal penalties depends on the level of intent and harm caused by the violation.
  3. Additional Consequences: Besides financial penalties, noncompliance can lead to other severe consequences, including damage to reputation, loss of patient trust, and potential legal actions. These can have long-lasting effects on a healthcare organization's operation and credibility.

The HIPAA Omnibus Rule's penalty structure emphasizes the importance of compliance and the serious consequences of noncompliance. It's a stark reminder for all entities handling PHI to maintain the highest standards of privacy and security.

HIPAA Exams

The HIPAA Omnibus Rule marks a juncture in the landscape of healthcare privacy and security. Its comprehensive scope and stringent requirements underscore the necessity for thorough understanding and diligent compliance. As healthcare professionals, it is our duty not only to be aware of these regulations but also to embody them in our daily practices, ensuring the utmost protection of patient health information.

However, navigating the complexities of the Omnibus Rule can be challenging. Healthcare professionals must utilize continuous education and training to stay abreast of these evolving standards. This is where HIPAA Exams come into play, offering specialized and in-depth HIPAA compliance courses tailored to meet these needs.

Visit our website to view our full catalog of HIPAA courses. Our programs are expertly crafted to provide you with the knowledge and tools necessary to ensure compliance and uphold the highest standards of privacy and security in healthcare.

Embrace the opportunity to enhance your understanding and proficiency in HIPAA regulations. Make the proactive choice to invest in these comprehensive courses – a decision that will not only benefit your professional growth but also fortify the trust and safety of those under your care.

Act now and take the first step towards mastering HIPAA compliance with HIPAA Exams!