Archive for June, 2018

Do You Know How to Easily Avoid a HIPAA Penalty?

Do You Know How to Easily Avoid a HIPAA Penalty?

DID YOU KNOW…


Individuals cannot file a lawsuit for alleged HIPAA violations
but can file a legal action under many state laws?

In situations, such as data breaches, in which individuals’ personal information is compromised, individuals can pursue lawsuits seeking relief for damages.

 

 

*There is no obligation to purchase our services. Only an obligation to take the assessment and document your office’s key vulnerabilities.

 


 

“OCR is serious about protecting health information privacy and will pursue litigation, if necessary, to hold entities responsible for HIPAA violations.”

Roger Severino
Director, Office for Civil Rights

 

Free HIPAA Compliance Webinar

Protect your patient’s Protected health Information

Avoid HIPAA violations and penalties

Save yourself from the headaches of HIPAA compliance

 


 

Ruling Reaffirms Individuals Cannot File HIPAA Lawsuits

A federal court recently dismissed a case filed by a patient alleging a laboratory violated HIPAA by failing to shield from public view her personal health information displayed on a computer intake station.

The ruling reaffirmed a longstanding precedent that individuals cannot file a lawsuit, known as a “private cause of action,” for alleged HIPAA violations.

Privacy attorney Iliana Peters of the law firm Polsinelli points out, however, that individuals can file legal action under many state laws.

“It’s extremely important to note that although HIPAA does not have a private right of action, many state laws require entities, both healthcare entities and others, to implement HIPAA-like protections for consumer data, and have stiff penalties,” she says.

For alleged HIPAA violation cases, the Department of Health and Human Services Office for Civil Rights and state attorneys general are the only parties that can bring legal action, Golding notes.

Read More


 

Easily Avoid Penalties for HIPAA Violations

Protect your reputation, practice and patient’s information.

Avoid willful neglect and the associated HIPAA penalties by attending your no-obligation, 30-minute Risk Review after you complete your complimentary HIPAA Risk Assessment.

PCIHIPAA will review your HIPAA risk assessment and suggest HIPAA compliant policies and procedures.

 

As a member of the Medical Association of the State of Alabama, you will receive (with no further obligation):

 

  1. Complimentary 2018 HIPAA Risk Assessment
    Now MandatorySection 164.308(a)(1)(ii)(A)
  2. A 23-Page Risk Analysis Report
  3. A Free 30-Minute HIPAA Risk Consultation
  4. 1 Year of Free Identity Restoration Protection

 

 

If you have any questions, call PCIHIPAA at (800) 588-0254. Let them know you are a member of the Medical Association of the State of Alabama.

Posted in: HIPAA

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AMA Rep Discusses Partnership with Medical Association during Opioid Council Meeting

AMA Rep Discusses Partnership with Medical Association during Opioid Council Meeting

MONTGOMERY ─ Earlier this week, the Governor’s Opioid Overdose and Addiction Council met to discuss reports from various stakeholders and committees, but there was also a special guest speaker. Daniel Blaney-Koen, senior legislative attorney from the American Medical Association, joined the task force to discuss what the AMA is doing nationally with policy interventions to try and reverse the opioid epidemic as well as its partnership with the Medical Association with the development and promotion of a toolkit to provide more educational material to Alabama’s physicians.

According to Blaney-Koen, opioid prescriptions are decreasing nationwide, and Alabama has beaten the national average in reducing the number of opioids prescribed.

“We want to emphasize solutions,” Blaney-Koen said. “I’d rather emphasize solutions that can change the course of this epidemic. We all want this epidemic to end, and there is hope for optimism that it will. The unmet needs for treatment are what will sustain this epidemic, so evidence-based care and treatment is where we need to put our focus.”

Posted in: Opioid

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Association’s Board to Evaluate Prior Authorization Process

Association’s Board to Evaluate Prior Authorization Process

The Medical Association recently received information from a consortium of health care providers, which included the American Hospital Association, America’s Health Insurance Plans, the American Medical Association, the American Public Health Association, Blue Cross Blue Shield Association and the Medical Group Management Association, who have partnered to identify opportunities to improve the prior authorization process. The Board of Censors during its last meeting tasked the Council on Medical Services to further investigate the consortium’s report.

The consortium’s goals are to promote safe, timely and affordable access to evidence-based care for patients; enhance efficiency; and reduce administrative burdens. However, according to a 2012 Kaiser Family Foundation estimate, physicians spend 868.4 million hours annually on prior authorizations. In a 2011 study by Health Affairs, the average annual per-doctor cost of interacting with insurance plans to complete prior authorizations was about $83,000.

The consortium has targeted five areas that offer improvement in prior authorization programs that can bring meaningful reform:

  • Selective application of prior authorizations
  • Prior authorization program review and volume adjustment
  • Transparency and communication regarding prior authorization
  • Continuity of patient care
  • Automation to improve transparency and efficiency

Once the Council on Medical Services concludes its investigation, more information will be available.

Read the Consensus Statement on Improving the Prior Authorization Process from the consortium.

Read the Medical Association’s feature article from Alabama Medicine Magazine, Between Doctors & Patients: Prior Authorizations

Posted in: Advocacy

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It Began with an Email with Stephen Russell, M.D.

It Began with an Email with Stephen Russell, M.D.

LEEDS – Benjamin Franklin said, “Either write something worth reading or do something worth writing.” For Leeds family physician Stephen Russell doing both comes naturally. As an associate professor of internal medicine and pediatrics at the University of Alabama at Birmingham, Dr. Russell is living his research for the characters he writes in his works of fiction, which are centered around Dr. Cooper “Mackie” McKay.

Dr. Russell has written and published three medical thrillers — Blood Money, Command and Control and most recently Control Group — with a fourth in the works. While he admits he has always written in some fashion, it wasn’t until he was in his residency in Cincinnati, OH, when he discovered he had a gift for the craft of storytelling. In fact, he credits the simple act of emailing with his father, who was a practicing cardiologist in Birmingham at the time, with stoking the fire of his love of weaving a good tale.

“I had been given an email address during residency and remember thinking, ‘Well, what am I going to do with that?!’” Dr. Russell laughed. “No one was really using email outside a school setting, but my father had an email address, so I used that as a way to communicate with him a good decade before cell phones were popular. Then I started to write these stories to him in my emails but completely different from an email you might think of today. I was taking all these stories that were really during an intense, emotional and academic time of my life when I was seeing new patients, learning how to treat them, and learning what being a physician was all about. I was retelling these stories of what my patients were going through, and what I was going through learning how to help them. In those emails, I was just beginning to learn how to put things together as a real story. Looking back on it now, those email stories had a character, a narrative arc, an event that happened, and the more I did them the more I realized there were patterns to my writing.”

Not only did Dr. Russell realize his love of the creative process through those early emails to his father, but he also learned just how much he enjoyed how cathartic the writing process itself could be.

Four years later, Dr. Russell began to wonder. “What if…?” Still practicing in Cincinnati, he had met hundreds of patients and had an arsenal of stories and medical scenarios. So, what next?

“I had this idea from things I had done during my residency. ‘What if?’” he wondered. “What if this particular thing happened and something bad happened as a result of it. I decided that instead of continuing to write short stories in the form of emails, I just dove in and decided it would be a fun to write a novel. I had never written a novel before. I had never taken a formal writing class before. I had taken literature classes in college, but nothing to prepare me for writing a novel.”

Dr. Russell is the first to admit writing his novels wasn’t exactly what he thought it would be. While he never expected to turn in his first draft and have it magically be published, he didn’t expect it would take 13 years from draft to publication.

“I had to figure out how to do it for myself by reading about writing great authors and trying to figure out how they wrote in order to do it well. I think if I knew now what I knew then…” he laughed. “What I didn’t expect was that I thought there was going to be this writing part of my life and this physician/professional part of my life. I expected them to be completely separate. But it was interesting to me that these two separate strands I thought were my two parallel lives were actually two parts of the same journey for me.”

As the two parts of his life began to converge, Dr. Russell said he wasn’t expecting the positive impact of being a published author would have on his patients. It turned out to be a pleasant surprise.

“I didn’t expect I’d be talking about writing while I was at work, or having conversations about books with my patients. Then the most amazing thing happened after my book was published. People read it! They would come in for their visits and would want to talk about the book and about writing, which was a great icebreaker. The thing I love most about writing is probably the thing I love the most about being a physician which is communication. My job as a primary care physician is to listen to my patients and interpret their stories and understand what they mean from a health standpoint. How does that story end? How can that story be changed? How can that story be interpreted for a better prognosis?

“That’s also the job of the writer…to create the story if it’s fiction or frame that story if it’s nonfiction and to package it in a way that clearly communicates whatever the writer is trying to tell. I didn’t think about it in those terms when I was writing my first novel, the second or the third, but as I started to be on the receiving end of other people reading my writing, critiquing it and giving comments, I realized that’s part of what I signed up for by entering into the arena as a writer, but it’s also what I signed up for by entering into the arena as a physician, which is just that ability to try and find a way to communicate what I’m doing clearly and try and help my patients communicate what they’re experiencing and feeling in a way that makes sense to them. That whole communication journey is what makes sense to me about why I enjoy writing but also why I enjoy being a primary care physician,” Dr. Russell said.

EDITOR’S NOTE: Dr. Russell has written three medical mysteries, which you can purchase on Amazon: Blood Money, Command and Control, and Control Group. He promises Dr. Cooper “Mackie” McKay will return in the future. In the meantime, he’s working on a young adult novel in which he’s getting plenty of input and primary research from his four children.

Posted in: Physicians Giving Back

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The Heat Is On! Take Precautions to Stay Safe Outdoors.

The Heat Is On! Take Precautions to Stay Safe Outdoors.
  • Extreme heat can occur quickly and without warning.
  • Older adults, children, and sick or overweight individuals are at greater risk from extreme heat.
  • Humidity increases the feeling of heat as measured by a heat index.

 What can you do if you are under an extreme heat warning?

  • Find air conditioning.
  • Avoid strenuous activities.
  • Watch for heat illness.
  • Wear light clothing.
  • Check on family members and neighbors.
  • Drink plenty of fluids.
  • Watch for heat cramps, heat exhaustion, and heat stroke.
  • Never leave people or pets in a closed car.

What can you do to prepare for extreme heat situations?

  • Find places in your community where you can go to get cool.
  • Keep your home cool by doing the following:
    • Cover windows with drapes or shades.
    • Weather-strip doors and windows.
    • Use window reflectors, such as aluminum foil-covered cardboard, to reflect heat back outside.
    • Add insulation to keep the heat out.
    • Use attic fans to clear hot air.
    • Install window air conditioners and insulate around them.
  • Learn to recognize the signs of heat-related illness.

How can you be safe on very hot days?

  • Never leave a child, adult or animal alone inside a vehicle on a warm day.
  • Find places with air conditioning. Libraries, shopping malls and community centers can provide a cool place to take a break from the heat.
  • If you’re outside, find shade. Wear a hat wide enough to protect your face.
  • Wear loose, lightweight, light-colored clothing.
  • Drink plenty of fluids to stay hydrated. If you or someone you care for is on a special diet, ask a doctor how best to accommodate it.
  • Do not use electric fans when the temperature outside is more than 95 degrees, as this could increase the risk of heat-related illness. Fans create air flow and a false sense of comfort but do not reduce body temperature.
  • Avoid high-energy activities.
  • Check yourself, family members and neighbors for signs of heat-related illness.

Do you know the signs of heat-related illness and how to respond?

  • HEAT CRAMPS
    • Signs: Muscle pains or spasms in the stomach, arms, or legs
    • Actions: Go to a cooler location. Remove excess clothing. Take sips of cool sports drinks with salt and sugar. Get medical help if cramps last more than an hour.
  • HEAT EXHAUSTION
    • Signs: Heavy sweating, paleness, muscle cramps, tiredness, weakness, dizziness, headache, nausea or vomiting, or fainting
    • Actions: Go to an air-conditioned place and lie down. Loosen or remove clothing. Take a cool bath. Take sips of cool sports drinks with salt and sugar. Get medical help if symptoms get worse or last more than an hour.
  • HEAT STROKE
    • Signs: Extremely high body temperature (above 103 degrees) taken orally; red, hot, and dry skin with no sweat; rapid, strong pulse; dizziness; confusion; or unconsciousness
    • Actions: Call 911 or get the person to a hospital immediately. Cool down with whatever methods are available until medical help arrives.

Posted in: Health

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HIPAA Illiteracy Is Considered Willful Neglect

HIPAA Illiteracy Is Considered Willful Neglect

KNOWING YOUR OFFICE’S VULNERABILITIES IS NOT ENOUGH

 

Unsure of your practice’s vulnerabilities?

 

 


 

Judge Rules in Favor of OCR and Requires $4.3 Million in Penalties for HIPAA Violations

OCR’s investigation found that MD Anderson had written encryption policies and risk analyses had found that the lack of device-level encryption posed a high risk to the security of ePHI. Despite the encryption policies and high-risk findings, MD Anderson failed to encrypt its inventory of electronic devices containing ePHI.


 

Easily Avoid Penalties for HIPAA Violations

Protect your reputation, practice and patient’s information. MD Anderson knew of their vulnerabilties and high risk findings, but failed to act.

Avoid Willful Neglect and the associated HIPAA penalties starting with a Confidential Risk Assessment.

Attend your no-obligation risk analysis review and have a PCIHIPAA Senior Compliance Officer review your HIPAA risk assessment and suggest HIPAA compliant solutions to your vulnerabilities.

 

 

Not protecting the privacy and security of your patient information leads to non-compliance fines, data breaches and reputational risk.

Practices are responsible for patient’s protected health information no matter the consequences.

 

Let PCIHIPAA know you are a member of the Medical Association of the State of Alabama and claim:

  1. Complimentary 2018 HIPAA Risk Assessment Now MandatorySection 164.308(a)(1)(ii)(A)
  2. A 23-Page Risk Analysis Report
  3. A Free 30-Minute HIPAA Risk Consultation
  4. 1 Year of Free Identity Restoration Protection

 

PROTECT YOUR PRACTICE FROM PENALTIES AND FINES

Get on the path to compliance in less than 60 days

 

PCIHIPAA  |  Products & Services  |  800-588-0254  |  pcihipaa@pcihipaa.com

PCIHIPAA takes the guesswork out of HIPAA Compliance.
We make sure HIPAA and PCI Compliance is simple and easy to manage.
We work with 1,000’s of practices like yours.
A+ rating with the BBB.

Posted in: HIPAA

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Plan While You Still Can

Plan While You Still Can

In our work with hundreds of medical practices, and in our Firm’s medical practice manager roundtable meetings, a common issue among medical practitioners is the uncertainty about the economic future of their medical practices.

Reimbursement levels may drop, many patients may choose medical coverage offered by a state-sponsored exchange, and the burden of changing technology is felt in many areas of practice. Since so many aspects of a medical practice are beyond the control of physicians, it is essential that doctors, in a private practice, exercise intentional control over the areas where they still can. This strategic planning is less daunting than many think, and can produce a more dynamic practice than you have experienced in years.

The process of strategic planning begins with an honest assessment of your practice’s current situation. Each physician’s candid opinions must be sought and considered in the development of an agenda for the group meeting. Since candor, among even the most collegial doctors in a given practice may be difficult to elicit, consider having an outside facilitator conduct these interviews. Based on the content of each doctor’s concerns, build an agenda for the planning meeting. It is recommended that these meetings be held at a neutral site outside the office but can be held in the practice conference room as long as no physician is permitted to exert his or her authority by sitting in their “power” chair or heavy‐handedly controlling the agenda.

Prior to the actual retreat, the administrator and facilitator must assemble background information and construct schedules necessary to answer as many fact‐based questions as possible. The goal of these schedules is to lessen the likelihood that a decision is postponed for want of additional data or a projection of the impact of the decision. Physicians are among the worst at group decision making. Some are so accommodating of their partners that they permit everyone to have “veto power” over any issue. Others let one member of the group require that the matter be tabled until every conceivable question can be addressed. Some groups apply their appropriately cautious medical decision-making processes to business decisions, which are not nearly as lethal or consequential. Whatever the reason, these result in what we refer to as Decision Deficit Disorder in medical practices. This too is a reason to have an outside facilitator.

With an agenda built on the issues of concern to all members of the group and background material developed for each point, the meeting is a time to make strategic decisions and assign tactical responsibilities. Select one of the easier matters for first on the agenda to establish a quick tempo, gain a positive perspective and promote participation by the entire group. If painful issues must be addressed, these should be handled privately unless that avenue has been tried and failed.

A sufficient content would be five to seven decisions, depending on the magnitude of the topics. We have been involved in planning processes where more than ten issues were resolved but a recent strategic process resolved five matters. In that instance, the group decided where to open a satellite office, determined to recruit two new physicians, renewed their commitment to reach out to referring physicians, decided to hire a marketing director for the practice and affirmed a plan to make their clinic days more accessible to patients. This proves that major things can happen when doctors focus on their own business needs.

 

Article contributed by Sae Evans, Maddox Casey and Jim Stroud, Members, Warren Averett Healthcare Consulting Group. Warren Averett is an official partner with the Medical Association.

Posted in: Leadership

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Quitline: Free Help for Patients to Quit Smoking

Quitline: Free Help for Patients to Quit Smoking

The Alabama Tobacco Quitline is a free telephone (800-784-8669) and online counseling service for your patients who are ready to quit tobacco. The Quitline is open from 6 a.m. to midnight seven days a week. All Quitline services are free to Alabama residents including telephone and online coaching, printed support materials, and up to eight weeks of nicotine replacement therapy (NRT) patches, if enrolled in coaching and medically eligible.

Health care providers are encouraged to refer patients directly to the Quitline by faxing a referral form to 1-800-692-9023 or completing an electronic referral form. Both forms are available at www.quitnowalabama.com. The Quitline will contact the referred patient within 24 hours of receiving a referral to enroll the patient in the Quitline counseling program. Once the patient has enrolled in the program and begun counseling, a two-week supply of NRT is mailed directly to the patient. The Quitline can provide up to eight weeks of NRT as long as the patient is enrolled in the counseling program and medically eligible.

The Quitline is funded through the Alabama Department of Public Health and the Centers for Disease Control and Prevention. The program is available to help callers quit any type of tobacco use.

For Medicaid Patients…

Medicaid patients are required to get their medications through Medicaid services. Medicaid pays for any of the seven approved cessation medications if the following documentation is submitted: both the Medicaid Pharmacy Smoking Cessation Prior Authorization Request form and Quitline referral form should be faxed to Health Information Design, 1-800-748-0116, and the Quitline referral form should be faxed to the Quitline at 1-800-692-9023. Free counseling services are available to Medicaid patients through the Quitline.

Approved cessation medications include nicotine patches, gum, lozenges, inhalers, nasal spray, varenicline and Bupropion SR, according to Treating Tobacco Use and Dependence, U.S. Clinical Practice Guidelines, 2008.

The Quitline fax referral forms, both English and Spanish versions, and the Medicaid Pharmacy Smoking Cessation Prior Authorization Request Form can be found at www.quitnowalabama.com.

For more information about the Alabama Tobacco Quitline, or to order Quitline materials for your office, call Julie Hare at (334) 206-3830 or email Julie.Hare@adph.state.al.us. Visit www.quitnowalabama.com and www.adph.org/tobacco, click on Healthcare Providers.

 

Posted in: Health

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Does Inflation Have an Impact on HIPAA Violations?

Does Inflation Have an Impact on HIPAA Violations?

Health care providers are generally aware that non-compliance with the Health Insurance Portability and Accountability Act can be costly.  In 2013, when the Department of Health and Human Services (HHS) initiated penalties pursuant to the HIPAA Final Omnibus Rule, the health care industry was abuzz about the impact that these civil monetary penalties could have on their entities if they did not comply with federal regulations. But many providers are not aware that those sanction amounts have increased due to inflation.

With bipartisan support, the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (yes, the wording is really that awkward) was passed to allow federal agencies to adjust their civil monetary penalties annually to keep up with inflation.  Congress reasoned that this increase would “improve the effectiveness of civil monetary penalties and maintain the deterrent effect of such penalties.”

So how does this Act impact HIPAA penalties in 2018?

The easiest way to demonstrate the gravity of these changes is to view the initial penalties issued in 2013 and compare it to the penalties available to HHS in 2018.  A cursory glance reflects the opportunity to impose steeper fines.

How can you keep up with the changes?

Readers of the Rotunda and Alabama Medicine will be regularly informed of changes to HIPAA civil monetary penalties by Dunson Group, LLC.  Additionally, federal agencies are required to publish their annual inflation adjustments in the Federal Register by January 15 of each year.  Information on specific HIPAA violations may be found under the Office of Civil Rights (OCR) category of the Electronic Code of Federal Regulations.

 

Article contributed by Samarria Dunson, J.D., CHC, CHPCattorney/principal of Dunson Group, LLC, a health care compliance consulting and law firm in Montgomery, Alabama. Find more of Ms. Dunson’s contributions on her partnership page

Posted in: HIPAA

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This is How HIPAA Compliance Can Save Your Practice in 30 Minutes…

This is How HIPAA Compliance Can Save Your Practice in 30 Minutes…

How You Can Save Your Practice in 30 Minutes

Avoid headaches and penalties from a U.S. Department of Health and Human Services investigation. Most HIPAA fines are neutralized by having a risk assessment and corrective action plan on file.

ASSESS YOUR VULNERABILITIES

 

Overlooking Risk Leads to Breach and $400,000 Settlement

OCR’s investigation revealed that MCPN took necessary corrective action related to the phishing incident; however, the investigation also revealed that MCPN failed to conduct a risk analysis.


 

Five Breaches Add Up to $3.5 Million in Settlement Costs for Entity that Failed to Heed HIPAA’s Risk Analysis and Risk Management Rules

OCR’s investigation revealed a failure to conduct an accurate and thorough risk analysis of potential risks and vulnerabilities to the confidentiality, integrity, and availability of all its ePHI.


 

Abandon or Disposal of Protected Health Information Leads to $125,000 Settlement

Evidence obtained by OCR during its investigation revealed Cornell’s failure to implement any written policies and procedures as required by the HIPAA Privacy Rule. Cornell also failed to provide training on policies and procedures to its workforce as required by the Privacy Rule.

Not protecting the privacy and security of your patient information leads to non-compliance fines, data breaches and reputational risk.

Practices are responsible for patient’s protected health information no matter the consequences.

 

OfficeSafe offers a complete HIPAA Compliance Solution keeping your office up-to-date on HIPAA Compliance regulations:

  • Online Employee Training and Webinars
  • Encrypted Data Storage
  • Business Associate Agreements
  • HIPAA Policies and procedures
  • Identity Theft Protection
  • $250,000 Data Insurance Coverage
  • And more…

 

PROTECT YOUR PRACTICE FROM PENALTIES AND FINES

Get on the path to compliance in less than 60 days

 

Let PCIHIPAA know you are a member of the Medical Association of the State of Alabama and claim:

  1. Complimentary 2018 HIPAA Risk Assessment Now MandatorySection 164.308(a)(1)(ii)(A)
  2. A 23-Page Risk Analysis Report
  3. A Free 30-Minute HIPAA Risk Consultation
  4. 1 Year of Free Identity Restoration Protection

PCIHIPAA  |  Products & Services  |  800-588-0254  |  pcihipaa@pcihipaa.com

PCIHIPAA takes the guesswork out of HIPAA Compliance.
We make sure HIPAA and PCI Compliance is simple and easy to manage.
We work with 1,000’s of practices like yours.
A+ rating with the BBB.

Posted in: HIPAA

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