<div dir="ltr"><div dir="ltr"><div dir="ltr" class="gmail_signature"><div dir="ltr"><div dir="ltr"><div dir="ltr"><div dir="ltr"><div dir="ltr"><div dir="ltr"><a href="https://www.natlawreview.com/article/trio-ocr-hipaa-breach-resolutions-your-organization-hipaa-compliant">https://www.natlawreview.com/article/trio-ocr-hipaa-breach-resolutions-your-organization-hipaa-compliant</a><div id="gmail-content" class="gmail-left_section"><div class="gmail-region gmail-region-content"><div id="gmail-block-system-main" class="gmail-block gmail-block-system"><div class="gmail-content"><div id="gmail-node-104898" class="gmail-article gmail-node gmail-node-article"><div class="gmail-left_content_article gmail-left_content"><div id="gmail-normal-wrapper"><p class="gmail-rtejustify">Over the past thirty days, the <a href="https://www.hhs.gov/ocr/index.html" rel="noopener" target="_blank">Office for Civil Rights</a> (“OCR”)
has reached three HIPAA breach resolutions, signaling to organizations
that are covered entities and business associates under HIPAA, the
importance of instituting basic best practices for data breach
prevention and response.</p>
<p class="gmail-rtejustify">On November 26<sup>th</sup>, the OCR <a href="https://www.hhs.gov/about/news/2018/11/26/allergy-practice-pays-125000-to-settle-doctors-disclosure-of-patient-information-to-a-reporter.html" rel="noopener" target="_blank">announced</a> a
settlement with Allergy Associations of Hartford, P.C. (Allergy
Associations), a health practice specializing in allergies, due to
alleged HIPAA violations resulting from a doctor’s disclosure of patient
information to a reporter. A doctor from Allergy Associations was
questioned by a local television station regarding a dispute with a
patient, and disclosed the patients’ protected health information (PHI),
the investigation found. The OCR concluded that such disclosure was a
“reckless disregard for the patient’s privacy rights”. Allergy
Associations agreed to a monetary settlement of $125,000 and corrective
action plan that includes two years of monitoring HIPAA compliance.</p>
<p class="gmail-rtejustify"><em>» A well thought out media relations plan
together with regular security and awareness training, even for doctors,
would go a long way toward reducing these risks.</em></p>
<p class="gmail-rtejustify">Again on December 4<sup>th</sup>, the OCR <a href="https://www.hhs.gov/about/news/2018/12/04/florida-contractor-physicians-group-shares-protected-health-information-unknown-vendor-without.html" rel="noopener" target="_blank">announced</a> that
it had reached a settlement with the physician group, Advanced Care
Hospitalists PL (ACH) in Florida, over alleged HIPAA violations
resulting from the sharing of protected health information (PHI) with a
vendor. According to OCR’s announcement, ACH engaged an unnamed
individual to provide medical billing services without first entering
into a business associate agreement (BAA). While it appeared the
individual worked for Doctor’s First Choice Billing (“First Choice”),
First Choice had no such record of this individual or his activities.
ACH later became aware that the patient’s PHI was visible on First
Choice’s website, with nearly 9,000 patients’ PHI potentially
vulnerable. In the settlement ACH did not admit liability, but agreed to
adopt a robust corrective action plan including the adoption of
business associate agreements, a complete enterprise-wide risk analysis,
and comprehensive policies and procedures to comply with the HIPAA
rules. In addition ACH agreed to a $500,000 payment to the OCR.</p>
<p class="gmail-rtejustify"><em>» This is not the first time the OCR has
reached settlements with covered entities over not having business
associate agreements in place. Covered entities should consider a more
formal vendor assessment and management. That is, certainly make sure
there is a BAA in place, but also assess the business associate’s
policies, procedures, and practices.</em></p>
<p class="gmail-rtejustify">And finally, on December 11<sup>th</sup>, the OCR <a href="https://www.hhs.gov/about/news/2018/12/11/colorado-hospital-failed-to-terminate-former-employees-access-to-electronic-protected-health-information.html" rel="noopener" target="_blank">announced</a> a
settlement with Pagosa Springs Medical Center (PSMC), a critical access
hospital in Colorado, for potential HIPAA privacy and security
violations. The settlement is in response to a complaint that a former
employee of PSMC continued to have remote access to the hospital’s
scheduling calendar which included patients’ electronic protected health
information (ePHI), after termination of his employment relationship.
OCR’s investigation revealed that PSMC did not have a business associate
agreement in place with its web-based scheduling calendar vendor, or
with the former employee. PSMC agreed to implement a two-year corrective
action plan which includes updates to its security management and
business associate agreement, policies and procedures, and workforce
training. In addition, PSMC agreed to an $111,400 payment to the OCR.</p>
<p class="gmail-rtejustify">“It’s common sense that former employees should
immediately lose access to protected patient information upon their
separation from employment,” said OCR Director Roger Severino. “This
case underscores the need for covered entities to always be aware of who
has access to their ePHI and who doesn’t.”</p>
<p class="gmail-rtejustify"><em>»This is a lesson for all businesses – when
employees leave the organization (or are moved from a position that
permits access to certain protected information), immediate changes
should be made to their access – this includes physical and electronic
access.</em></p>
<p class="gmail-rtejustify">This series of recent settlements serves as a
reminder of the seriousness in which the OCR treats HIPAA violations. In
October, in honor of <a href="https://www.dhs.gov/national-cyber-security-awareness-month" rel="noopener" target="_blank">National Cybersecurity Awareness Month</a>, the OCR together with the <a href="https://www.healthit.gov/" rel="noopener" target="_blank">Office of the National Coordinator for Health Information Technology</a> jointly launched an <a href="https://www.healthit.gov/providers-professionals/security-risk-assessment-tool" rel="noopener" target="_blank">updated HIPAA Security Risk Assessment (SRA) Tool</a> to help covered entities and business associates comply with the <a href="https://www.hhs.gov/hipaa/for-professionals/security/index.html" rel="noopener" target="_blank">HIPAA Security Rule</a>. This is an <a href="https://www.natlawreview.com/article/onc-and-ocr-update-hipaa-security-risk-assessment-tool-national-cyber-security" rel="noopener" target="_blank">excellent tool</a> to
help organizations conduct an enterprise-wide risk analysis.
Alternatively, our HIPAA Ready product provides a scaled approach for
midsized and smaller healthcare practices and business associates. In
the end, healthcare organizations and their business associates need to
address basic best practices including: terminating employee access in a
timely manner, maintaining proper business associate agreements, and
having a plan for media relations.</p></div></div></div></div></div></div></div></div></div></div></div></div></div></div></div></div>