HITECH Changes to HIPAA Privacy Practices - New HIPAA Omnibus Update Calls for Significant Updates

Event Information
Product Format
Prerecorded Event
60 Minutes
Product Description

HIPAA HITECH Brings Changes To Individual Rights – Penalty for Violation Is Stringent!

New updates to the HIPAA regulations contain numerous changes based, for the most part, on The HITECH Act passed in 2009.  Some of the most significant changes have to do with changes to individual rights under HIPAA that must be reflected in an entity’s HIPAA policies and Notice of Privacy Practices (NPPs).  All HIPAA Covered Entities must update their policies, procedures, and Notices of Privacy Practices to reflect the changes in individual rights no later than September 23rd, 2013.  Violations are subject to enforcement that can include fines up to $50,000 per day.

Included are, new requirements having to do with fundraising activity and an opportunity to opt out, new requirements for individuals to provide authorization for the sale of PHI, new rights of access to electronic records, new rights to restrict certain disclosures, and rights of notice in the event of a breach.  Health Plans also have changes related to the Genetic Information Nondiscrimination Act (GINA) that must be reflected in their policies and notices.

Reimbursed marketing activity that may have been permissible without authorization from the individual under the old rules used to require notice in the NPP.  Now all such marketing activity paid for by a third party wishing to promote a product or service will require authorization, and no longer needs to be specifically listed in the NPP.

Let our expert presenter Jim Sheldon-Dean, take you through the new regulations and their effects on HIPAA policies and Notices of Privacy Practices. The changes are numerous and many are subtle and require an in depth examination of your policies and Notice of Privacy Practices. Jim will describe the new rights that must be added into your policies and NPP, and identify the places where current rights have been modified.  Moreover, he’ll also examine a typical policies and a typical NPP and describe the places where changes might best be made, and discuss the information that needs to be added or removed to meet requirements most efficiently and economically.

Session Highlights:

  • HIPAA policies, procedures, practices, and HIPAA Notices of Privacy Practices must be updated to meet the new rules by September 23, 2013.  The schedule of implementation and scope of the changes will be described.
  • Now individuals have a new right to request electronic copies of information held electronically that must be accounted for in policy and reflected in the NPP.
  • Individuals have new rights to restrict disclosure of encounter information to an insurer if it is paid fully out of pocket by the individual.  Policies and the NPP must identify this right.
  • Fundraising activity must be described in the NPP, with an opportunity to opt-out.
  • Marketing policies will need significant updates.  You do NOT have to include information about reimbursed marketing activity in NPPs anymore, but you do always need to get an authorization.
  • The NPP must include notice that any breaches will be reported, and breach policies need to be updated to reflect the new standard for determining whether or not a breach is reportable.
  • Health Plans must include in their NPPs new changes pertaining to GINA, restricting the use of genetic information in enrollment.
  • How you should update your policies and NPP – how do you document them, to whom do new copes go, and how?

Who should attend? Compliance Manager, HIPAA Officer, Chief Information Officer, Health Information Manager, Medical Office Manager, Medical Practice Lawyer, CFO, CEO, COO. Privacy Officer, Information Security Officer.

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About Our Speaker

Jim Sheldon Dean - HIPAA Compliance & Regulations Expert

Jim Sheldon-Dean is a healthcare compliance and HIPAA expert in the areas of privacy and security regulatory compliance and business process analysis. He 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 healthcare entities. Jim is a frequent speaker regarding HIPAA...   More Info
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