ComplianceOnline

Patient Access of Medical Records under HIPAA - New HHS Guidance, New Focus for HIPAA Audits

Instructor: Jim Sheldon-Dean
Product ID: 705220
  • Duration: 90 Min

recorded version

$249.00
1x Person - Unlimited viewing for 6 Months
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Recorded Link and Ref. material will be available in My CO Section
Last Recorded Date: Jun-2017

Training CD

$349.00
One CD is for usage in one location only.
(For multiple locations contact Customer Care)
CD and Ref. material will be shipped within 15 business days

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Read Frequently Asked Questions

This training program will provide a comprehensive look at the changes in the new access rights under HIPAA and CLIA regulations and prepare attendees for the process of incorporating the changes into how they do business in their facilities. It will also explain how the HIPAA audit and enforcement activities are now being increased and what needs to be done to survive a HIPAA audit.

Why Should You Attend:

Changes modifying the HIPAA Privacy and Security Regulations have gone into place to meet the privacy and security mandates within the HITECH Act in the American Recovery and Reinvestment Act of 2009, as implemented in the HIPAA Omnibus Update rule published January 25, 2013, and the 2014 changes to the Clinical Laboratory Improvement Amendments.

2016 guidance from the HHS Office of Civil Rights will be explained, including the additional updates to the guidance, so that access can be provided according to the rules. Issues on provision and denial of access, as well as fees and other topics, will be discussed.

HHS has issued guidance on issues relating to access of mental health records and the records of minors, clarifying what information may be provided or not, depending on the information and other circumstances. The guidance also includes information on dealing with law enforcement requests for information on alleged violators of the law. This guidance will be reviewed.

The new regulations will be reviewed and their effects on usual practices will be discussed, as will what policies need to be changed and how. We will show what policies and evidence you may need to produce if you are audited by the HHS Office of Civil Rights, which has already indicated that compliance with the rules on patient access of records is a significant problem that has been a focus of the 2016.

Not only are the compliance rules changed, but the enforcement rules have changed, with a new four-tier violation schedule with increased fines, and mandatory fines for willful neglect of compliance that start at $10,000 even if the problem is corrected within 30 days of discovery. Violations that are not promptly corrected carry mandatory minimum fines starting at $50,000 and can reach $1.5 million for any particular violation. And any reports of willful neglect are required to be investigated under the law. Even violations for a reasonable cause or with reasonable diligence taken are subject to penalty. We will discuss what is necessary to avoid penalties and make sound compliance decisions.

Areas Covered in the Webinar:

  • The new access rights under HIPAA and CLIA regulations.
  • Extensive new guidance from the HHS Office of Civil Rights on access of PHI.
  • The guidance from HHS regarding access of mental health information and minors' information.
  • What the regulations call for and what processes you must have in place for the proper approval and denial of access as appropriate.
  • The required process for the review of certain denials of access.
  • How e-mail and texting should be handled, what can go wrong, and what can result when it does.
  • HIPAA requirements for access and patient preferences, as well as the requirements to protect PHI.
  • Training and education that must take place to ensure your staff handles access requests properly.
  • How the HIPAA audit and enforcement activities are now being increased and what you need to do to survive a HIPAA audit.

Who Will Benefit:

This webinar will provide valuable assistance to all personnel in medical offices, practice groups, hospitals, academic medical centers, insurers, business associates (shredding, data storage, systems vendors, billing services, etc). Employees who will benefit include:

  • Compliance director
  • CEO
  • CFO
  • Privacy Officer
  • Security Officer
  • Information Systems Manager
  • HIPAA Officer
  • Chief Information Officer
  • Health Information Manager
  • Healthcare Counsel/Lawyer
  • Office Manager
  • Contracts Manager
Instructor Profile:
Jim Sheldon-Dean

Jim Sheldon-Dean
Principal and Director of Compliance Services, Lewis Creek Systems, LLC

Jim Sheldon-Dean 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 health care entities. He is a frequent speaker regarding HIPAA, including speaking engagements at numerous regional and national healthcare association conferences and conventions and the annual NIST/OCR HIPAA Security Conference.

Sheldon-Dean has more than 16 years of experience specializing in HIPAA compliance, more than 34 years of experience in policy analysis and implementation, business process analysis, information systems and software development, and eight years of experience doing hands-on medical work as a Vermont certified volunteer emergency medical technician.

Sheldon-Dean received his B.S. degree, summa cum laude, from the University of Vermont and his master’s degree from the Massachusetts Institute of Technology.

Topic Background:

Patient rights under HIPAA have been expanded to include several new rights of access, and guidance has recently been issued on access of records, and been expanded more than once since its publication. The changes to rules having to do with patient access of records will need to be reflected in every health care-related organization’s policies and procedures. The guidance provides clear and detailed information on how to provide access, what can be charged for in fees, and what the individual’s rights are when it comes to access of information.

HIPAA now provides for individual rights to receive electronic copies of records held electronically. Patients also now have new rights under HIPAA and the Clinical Laboratory Improvement Amendments (CLIA) to directly access test results from the laboratories creating the data. Many labs that did not deal directly with patients before will now have to create patient-facing operations, and how they communicate sensitive results to patients will need to be considered. These changes must be respected by entities subject to the HIPAA rules through modifications to policies and notices, and training of staff to reflect the new requirements.

In addition, there are new explanations from HHS about how to treat access to mental health information and information pertaining to minors, including giving due consideration to patient requests and safety issues of the patient and others.

Perhaps most importantly, the HIPAA Audits of 2016 focused on the proper patient access to information as a significant compliance problem, and the upcoming HIPAA Audit program by HHS is expected to include reviews of patient access policies and practices. It is expected that HHS will be focusing on current access issues, having to do with the costs to individuals for access of records and the proper handling of denials of access.

All HIPAA-covered providers need to review their HIPAA compliance, policies, and procedures to see if they are prepared to be in full compliance and meet the requirements of the changes in the rules. Compliance is required and violations for willful neglect of the rules begin at $10,000.

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Refund Policy

Registrants may cancel up to two working days prior to the course start date and will receive a letter of credit to be used towards a future course up to one year from date of issuance. ComplianceOnline would process/provide refund if the Live Webinar has been cancelled. The attendee could choose between the recorded version of the webinar or refund for any cancelled webinar. Refunds will not be given to participants who do not show up for the webinar. On-Demand Recordings can be requested in exchange.

Webinar may be cancelled due to lack of enrolment or unavoidable factors. Registrants will be notified 24hours in advance if a cancellation occurs. Substitutions can happen any time.

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