Help Me With Hipaa

Two reasons for today's topic: A question we received from a listener about understanding antivirus software and a news report about a malware scan that interrupted a medical procedure. Between those two cases it felt like it was time to discuss malware protection under HIPAA. Suzie from Savannah: I would like to have a podcast or a quick answer to the different between anti-virus software releases and anti-virus definitions being up-to-date. I understand the AV definitions up to date but a little fuzzy on AV software releases and examples please.... Report came out about malware scan stopping a medical procedure   

We always look at the security rule aspects of HIPAA because they deal with the easier parts for people to deal with when it comes to lowering their risk, but today we are diving into some privacy rule guidelines, because there is new HIPAA privacy guidance that has just been published. Get more info at HelpMeWithHIPAA.com/55

Recently, we ended up in several discussions about HIPAA access logs and what they really require with our clients. As per usual, any topic that comes up multiple times in my “real job” becomes a discussion for HMWH.  So, today we are talking about HIPAA access logs to attempt to clear up some confusion we have encountered.  There are multiple types of HIPAA access logs being created in most environments and you should be dealing with pretty much all of them in some manner. Get more at HelpMeWithHIPAA.com/54

We talked about OCR audits recently because they are in the news. The audit protocol is a perfect guide for developing and maintaining your HIPAA compliance programs. In fact, the audits have been a hot topic in the industry this month. However, the fact that only 200 audits will take place really means the audit protocol is more important as a guide for what your program should look like in the event you have a breach or complaint investigation. Statistically, you are much more likely to need it for that reason. Read more at HelpMeWithHIPAA.com/53

We really appreciate the support and feedback we have received for our little HIPAA podcast project known as Help Me With HIPAA.  This episode marks one complete year of weekly HIPAA podcasts (counting the special bloopers holiday episode).  We certainly learned a great deal since we started this little DIY project last year.  Granted, David was a convert to the idea much quicker than Donna.   Here we are one year later and our little HIPAA podcast is starting to gain some real momentum.  That is all thanks to you, our listeners, for sticking with us through our growing pains as we fumbled through figuring it all out.  Keep on sending in your questions and suggestions, we appreciate your help and support! Also, a special shout out to the silent member of our team Bojan Sabioncello for making us sound so much better once he came on board!   After saying all of that, what are we doing for this special episode?  We are interviewing each other to discuss how we ended up together and what we do in our "real jobs".

We often talk about doing the "work" of compliance. Some people seem to have the attitude that all I need to do some is annual staff training and hand out a Notice of Privacy Practices to do small office HIPAA compliance. When we try to explain there is more to it than that we often get pushback about the requirements. We always hear comments like: we don't have time, we don't have resources, we can't be expected to do this. So, how DO you do small office HIPAA compliance? Today we are going to talk to someone who is definitely doing the work of HIPAA compliance in a small office.  We are doing an interview with Erien Fryer of Medical Direct Care in Clarksville, TN to discuss small office HIPAA compliance issues, obstacles, and how to just get it done. For more details go to HelpMeWithHIPAA.com/51

Every website needs security. What questions should you be asking about your business websites and who should you be asking?  Website security can be an open hole in your security plans.  It can also be the source of lots of problems for your business if you don't pay attention to the site content or securing your message. More info on the website at helpmewithhipaa.com/50

The recent release of the new OCR audit protocol gives us new guidance on what they expect from HIPAA compliance programs.  There is a great deal of information to sift through if you are so inclined.  To make it easier for you we are discussing some of the details and things we have learned from reviewing it for you! So, here is our review of the new OCR audit protocol! For more details go to our website article helpmewithhipaa.com/49

In the first episode in our Disaster Recovery series that we will be doing this year we are discussing planning disaster recovery plans for flooding.  This episode is an interview with Ginger McCleish who experienced a real world disaster recovery flooding in the St. Louis, MO area in December 2015. Hear more at HelpMeWithHIPAA.com/48

The latest HIPAA buzz is about things like Interoperability, Data Governance, Patient Access Rights, and, of course, OCR random audits.  Donna attended HIMSS and the National HIPAA Summit recently.  In this episode we discuss what kinds of things are happening in the industry relating to HIPAA. For more details visit our website at helpmewithhipaa.com/47

So far in 2016, we have seen four HIPAA enforcement cases resolved by OCR.  One involved only the second Civil Money Penalty ever assessed. The three others were resolution agreements.  Add those cases to what was done in 2015 and you have the most active 12 month period of HIPAA enforcement ever.  Certainly, the first quarter of 2016 has been the most active quarter ever when it comes to HIPAA enforcement announcements.   In this episode we discuss the cases resolved so far in 2016 and more thoughts on what is coming up for 2016.     Read more at our website HelpMeWithHIPAA.com/46

Many times people ask: Why do we need HIPAA?  Is HIPAA really necessary?  The short answer is yes, we do need HIPAA and the reason is without it there is no baseline for protecting patient privacy.   Learn more at http://helpmewithhipaa.com/45

Social media can be the source of many issues if you don't have a clear policy for use.  HIPAA social media policies requires some serious thought and commitment from your management staff.  What things are good use of social media and what things should be avoided through policy enforcement?   Read more about HIPAA Social Media Policies at our website: helpmewithhipaa.com/44

It is clear that HIPAA disaster recovery and business continuity plans should include some level of ransomware response planning after the attack that shut down Hollywood Presbyterian Hospital.  What kinds of issues should you expect and how can you mitigate the damage from a ransomware attack? Read more about our ransomware attack planning discussion on our website at helpmewithhipaa.com/43

To be certain you are protecting the health information in your organization you must identify where it lives and moves about around the network and workforce.  A risk analysis can't be done properly without making that list first. Where should you look for PHI?  If you don't store it do you store access TO it?  Get more information for this podcast at HelpMeWithHIPAA.com/42

Trust but verify is the new standard when it comes to Business Associate relationships today.  Yes, they must sign a BAA but you really need to ask some questions to confirm those BAs understand and are doing the things they have agreed to do for you. Covered Entities (CEs) haven't really worried about the details of the contracts too much as along as the vendors would sign them.  Many vendors have signed, and continue to sign, BAAs without any concerns at all for what the contract actually says they are going to do in their business.  For so many years a BAA was just something you had to sign in order to do the work in healthcare.  It didn't matter at all if you did anything with it other than put it in the file with other ones you had signed.  The new world of HIPAA compliance, huge data breaches, and civil fines and penalties means neither side of the contract can function that way any longer.  It is imperative that HIPAA compliant vendors are vetted in some manner to confirm you really are protecting your

Get all the details at HelpMeWithHIPAA.com/40

More notes and links on the website at HelpMeWithHIPAA.com/39

More details on our website  Also at the Atlanta's Most Trusted Advisors page: 

 Brittney Wilson, The Nerdy Nurse, joins us to discuss the clinical staff's HIPAA perspectives.   More details at helpmewithhipaa.com/38