Hipaa Compliance Attorney: Compliance Requirements and Best Practices

As a healthcare provider, you're likely aware of the importance of HIPAA compliance. HIPAA requires covered entities to protect the confidentiality, integrity, and availability of protected health information (PHI). HIPAA compliance attorneys can help you navigate these requirements.

HIPAA compliance is not just a one-time task, it's an ongoing process that requires regular monitoring and updates. HIPAA requires covered entities to conduct risk analyses and implement security measures to protect PHI. HIPAA compliance attorneys can help you develop a comprehensive compliance plan.

HIPAA compliance is crucial for avoiding fines and penalties. In 2020, the HHS Office for Civil Rights imposed over $20 million in fines for HIPAA violations. HIPAA compliance attorneys can help you avoid these costly mistakes and ensure you're in compliance with all HIPAA requirements.

HIPAA compliance is a set of regulations that govern the use and disclosure of protected health information (PHI) in the United States. The Health Insurance Portability and Accountability Act (HIPAA) was enacted in 1996 to address multiple health care issues, including administrative simplification.

HIPAA regulations require compliance in three key areas: privacy, security, and electronic transactions. All healthcare providers who submit claims electronically must comply with the HIPAA rules, including those who submit claims through a billing company.

The HITECH Act of 2009 and other federal regulations, such as the Federal Trade Commission's (FTC) Health Breach Notification Rule, also impact how health information may be used and disclosed. State privacy laws must be considered in addition to HIPAA regulations.

Healthcare providers, health plans, and clearinghouses are required to comply with HIPAA. This includes employers, health insurers, and third-party administrators. Compliance with HIPAA is not optional, it's a requirement.

Here is a list of industry sectors that are impacted by HIPAA regulations:

HIPAA compliance is complex and requires informed legal counsel to navigate the challenges. Calfee attorneys have spoken about HIPAA before national and state associations, and they have significant knowledge of HIPAA compliance counseling.

Anyone who handles personal health information must comply with HIPAA. Employers and health plans are among those who must follow HIPAA's requirements.

Employers with group health plans need to identify their plans and sort them along fully insured and self-insured lines. This is a crucial step in formulating a HIPAA compliance strategy.

Health care providers also must comply with HIPAA, and our attorneys have extensively counseled them on HIPAA matters, analyzing its impact on their operations and creating detailed plans for compliance.

Law firms, including those in the law firm setting, must ensure that employees and anyone else who handles PHI are educated on HIPAA compliance. This includes ensuring that any parties they work with, such as subcontractors or expert witnesses, are also HIPAA-compliant.

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All American attorneys, especially those who access protected health information (PHI), should be aware of HIPAA compliance for law firms. HIPAA is often associated with the health care sector, but law firms who possess or process PHI on behalf of their clients are also subject to HIPAA.

Attorneys in practice areas like personal injury, insurance defense, malpractice, and elder law are likely to handle PHI. This means they need to follow HIPAA's security and data privacy standards.

To avoid HIPAA violations, law firms should enter business associate agreements with clients and subcontractors where appropriate. They should also ensure compliance with the administrative, physical, and technical requirements for data protection under HIPAA.

If this caught your attention, see: Data Classification Hipaa

The HITECH Act was enacted as part of the American Recovery and Reinvestment Act of 2009 on February 17, 2009.

The HITECH Act created the "meaningful use" incentive program, which aimed to encourage the adoption of electronic health records. This program was a significant step towards promoting the use of technology in healthcare.

The HITECH Act increased penalties for noncompliance and required periodic audits of healthcare providers, shifting from a complaint-driven process. This change was intended to strengthen HIPAA enforcement.

Business associates are now held to the same standards as covered entities regarding HIPAA Privacy and Security Compliance. They will be assessed the same penalties for noncompliance, making them directly responsible.

Covered entities must now comply with an individual's request to not disclose information to a health plan, if the disclosure is not for treatment and the services have already been paid in full out of pocket.

For your interest: Which of the following Is Not a Purpose of Hipaa

The HIPAA Privacy Rule sets forth the instances in which protected patient information can be used within the provider's practice or disclosed to outside parties.

Protected health information, or PHI, can only be used for treatment, payment, and health care operations. These terms have specific meanings in the regulations.

You'll need to have patients sign an authorization for uses other than treatment, payment, and operations. This authorization must comply with all the requirements set forth in the HIPAA Privacy Regulations.

Certain exceptions to the HIPAA Privacy Rule allow for the disclosure of PHI without a patient's authorization. For example, PHI may be disclosed where required by law.

Under the HIPAA Privacy Rule, patients have certain rights, including the right to inspect and copy their records, the right to request that the information be amended, and the right to request certain restrictions on the use and disclosure of their protected health information.

On a similar theme: Hipaa Privacy Rights

To be compliant with the HIPAA Privacy Rule, all covered entities must appoint a HIPAA Privacy Officer to oversee HIPAA compliance within the entity.

All covered entities must also maintain written HIPAA Policies and Procedures and train all employees on these policies.

Here are some key rights that patients have under the HIPAA Privacy Rule:

Ensuring compliance is crucial for law firms handling PHI. Attorneys should be aware of HIPAA compliance, especially those who access protected health information (PHI) from "covered entities." Business associates, including law firms, must comply with HIPAA's security and data privacy standards.

To avoid HIPAA violations, understanding business associates' physical, technical, and administrative safeguards is a good starting point. Implementing policies and procedures to prevent and detect HIPAA violations is essential, as well as training on HIPAA compliance for all staff members.

Administrative, technical, and physical safeguards are key components of HIPAA compliance. Administrative safeguards include implementing policies and procedures, training staff, and designating a HIPAA Security Officer. Technical safeguards include controlling access to systems that contain PHI, using passwords, encryption, and other security measures. Physical safeguards ensure the security of offices, networks, data, and technology, limiting access as much as possible.

Here are some common areas where law firms might violate their HIPAA obligations:

Non-compliance with HIPAA regulations can have devastating consequences for a law firm. HIPAA violations can result in fines, with the amount depending on the seriousness of the violation.

Tier one fines, which apply when the non-compliant law firm was unaware of the violation, range from $120 to $30,113 per violation. Tier two fines, which apply when the non-compliant party was unaware of the violation but there was reasonable cause for it, range from $1,205 to $60,226 per violation.

Tier three fines, which apply when the violation was caused by wilful neglect but was corrected promptly, range from $12,045 to $60,226 per violation. Tier four fines, which apply when the violation was caused by wilful neglect and was not corrected promptly, are $60,226 per violation.

Multiple HIPAA violations in one calendar year can lead to even higher fines, up to $1,806,757 per violation.

A HIPAA violation can also destroy client relationships and result in consequences for legal malpractice insurance and compliance with a firm's professional conduct obligations.

On a similar theme: When Is It Too Late to Fire Your Attorney?

To ensure compliance with HIPAA regulations, you need to understand your obligations as a law firm. This includes implementing policies and procedures to prevent and detect HIPAA violations, training on HIPAA compliance for all staff members, and controlling access to systems that contain PHI.

To avoid HIPAA violations, you should implement the following:

Some key areas to focus on include:

By following these guidelines, you can help protect your clients' sensitive information and avoid costly HIPAA violations.

Ensuring HIPAA compliance requires meticulous tracking and documentation. This includes developing HIPAA compliance documents, such as notices of privacy practices, business associate agreements, and breach notices.

Our team can help you create these documents to protect the confidentiality of patient information. We'll work with you to develop a comprehensive plan for compliance.

Here are some specific documents we can help you develop:

We'll also help you produce policy and procedure manuals, as well as related contractual provisions, to ensure compliance. Employee training materials covering HIPAA laws and other privacy and security standards are also essential.