Following HIPAA Laws Can Save You Grief
HIPAA Compliance just got tough. In reality, it began in 2009 once the HITECH Act was signed but it didn’t take effect till 2010. The role of HITECH was to advance the adoption and meaningful use of technology as it pertains to health information. It was only fitting that the U.S. Department of Health & Human Services introduce law that would ensure the privacy of individual health information, considering many facilities have made paper records a thing of the past. This HITECH subtitle of HIPAA can really bite those not properly dealing with the electronic transmission of health information; HITECH provides the provision that strengthens the civil and criminal enforcement of the HIPAA rules.
Fines from $100 per violation to $1,500,000 maximum per calendar year can be imposed under HITECH Act. Monetary fines are based on tiers. Each level is meant to punish violations based on an increasing level of capability by the offender; the penalty is assessed depending on the severity of the violation, along with the resulting harm. If you are one of the entities ( i.e. companies with a health care plan, health care clearinghouses, and healthcare providers to name a few) required to be HIPAA compliant you could be subject to civil (money penalties) enforced by the Department of Health and Human Services, and or criminal penalties, enforced by the U.S. Department of Justice.
In addition to the possibility of monetary fines and imprisonment , you might consider how important your companies reputation is – that in itself should be incentive enough to stay HIPAA compliant. Improperly disposing of health records can land you on the front page of the news, which is the last thing a company or practice needs. However, it’s those high fines that are really starting to make those of us mandated to be HIPAA compliant sweat. The importance of keeping protected health information safe is reflected in the high fines being imposed on those that are in violation of HIPAA. The health industry is looking for ways to ensure HIPAA compliance due to the real threat of high fines resulting from a breach of HIPAA requirements.
There are a host of methods in which a facility or business can ensure compliance. These methods range anywhere from hiring an attorney to guide you through compliance, attending seminars, having a consultant visiting your facility, or purchasing software or other such compliance tools to guide you through the process. It would be a big responsibility for anyone to dig in to all the HIPAA regulations and administrative compliance. I certainly recommend soliciting some sort of help. Just remember, whatever format is chosen, it is critical to make sure any staff dealing with patients or clients are trained in an uniform, facility specific, HIPAA compliance procedure. While the process seems like a daunting task, it is important when you consider the repercusions from the D.O.J. or H.H.S, should they pay your company a visit.
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