Avoiding HIPAA Violations

Health care providers as well as businesses covered by the scope of the Health Insurance Portability and Accountability Act (HIPAA) are susceptible to serious penalties when caught not in compliance with the rules and regulations set forth by the privacy law. Even individuals who had violated the HIPAA can be sentenced to jail. In order to avoid chances of having HIPAA complaints and to avoid being under intensive investigations, the entities within the scope of HIPAA need to ensure that they are religiously adhering to the rules and regulations of the privacy law. To be able to ensure proper compliance, entities need to take necessary proactive measures which are outlined below.

1. Organizational Policies Review

It is vital that organizations featuring health care services review the policies and procedures of the organization in connection with the privacy law. The privacy rule of HIPAA sketches out who is entitled to gain access to a patient's protected health information (PHI). Also clearly stated in the rule is how the PHI can be utilized and obtained. In compliance with this particular rule of HIPAA, organizations are mandated to appoint a Privacy Officer who will be having the sole responsibility to monitor compliance with the privacy law.

2. PHI Security Review

It is also important that the PHI security's policies and procedures be reviewed in a timely manner. Clearly determined in the HIPAA privacy law are the requirements needed for the physical, administrative and technical protection of the patients' confidential medical records. In connection to this, HIPAA mandated the entities to have an assigned security officer who will ensure and incessantly monitor compliance. Apart from that, the security officer is the in charge in determining and analyzing the security systems of the organization. The security officer also needs to take necessary steps to identify and fix potential security threats. For added security, it is vital that the access to the patients' PHI be restricted only to those workers who need the information. The PHI should also be always protected by a strong password to ensure that only the authorized person can access the data.

3. Obtain a HIPAA Training Course

To avoid being penalized by noncompliance of the privacy law, HIPAA covered entities should provide necessary training to their employees. The best way to avoid penalty is by educating people. Educate your employees about the HIPAA and let them be aware of their responsibilities as per mandated by the privacy law. It is recommended that organizations offering health care services provide HIPAA training to their employees at least once a year in order to keep the employees updated of the most recent policies and procedures. Also, entities need to provide necessary HIPAA training to newly hired employees to ensure compliance.

Entities having business affiliates dealing with patients' PHI need to sign a mutual agreement stating that both parties should adhere to the HIPAA. Individuals or companies not within the scope of HIPAA but need to have access to PHI as needed for the services they provide are considered the business affiliates. A software salesperson, accountant and lawyer are good examples of business affiliates.