Help Me With HIPAA

OCR has been busy closing out investigations lately. They announced 2 more enforcement actions in early November. One was a settlement in NY, but the other was a civil money penalty with Texas HHSC. Let's review these 2 new OCR enforcement actions to see what we need to learn from the details released.

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Happy Thanksgiving from the HMWH team. Since we just talked with Erik Decker the last two weeks about HICP it seemed fitting that our Thanksgiving replay this year is the discussion we had about our initial review of HICP earlier in 2019. That was episode 189.

Thanks for listening and enjoy the Holiday season!

Today we share part 2 of our Erik Decker HICP discussion. Learn about more tools for small and medium organizations. The 405(d) Task Group has more work to do so learn ways you can help spread the word about using these tools to improve healthcare cybersecurity. We even ask how we can all help promote cybersecurity awareness and HICP to improve the healthcare cybersecurity.

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We covered the release of HICP or Health Industry Cybersecurity Practices: Managing Threats and Protecting Patients back in Feb in the episode we called 5 Threats and 10 Protection Practices – Ep 189. HICP has now been out for a bit and the next phases of the project are in process. Today we discuss all things HICP with Erik Decker who is the Health Sector Coordinating Council Co-Lead of the 405(d) Task Group that developed this tool to help our sector follow solid cybersecurity practices.

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HIPAA penalties are always discussed in training and presentations about HIPAA. Those discussions are usually more about an overview of what is in the law than actual information on how the law is applied. HIPAA penalties are really not seen often. Civil money penalties are not part of the settlements we usually see but OCR announced a big one in October. How do they really apply those huge numbers everyone talks about but we never see?

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The annual conference hosted by NIST and OCR Safeguarding Health Information: Building Assurance through HIPAA Security and the repeated message on day one of the conference was "HIPAA is the floor" which started with OCR Dir Severino's keynote. We always get information at some point that makes these conferences worth the time. What did we get from this one?

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As is our custom, each year we have a halloween-themed episode. This year we are thrilled to bring you several very real Tales From The Dark Side Of HIPAA. Thanks to our friend, Jack Rhysider from DarkNet Diaries for recording our haunting lead-in!

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Social media and PHI get the OCR spotlight in the latest settlement announced. Reading these settlement agreements provide the best guidance from OCR which is why we always take the time to get those details for you. How much have you considered about your social media policies and how your staff understands their responsibilities?

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Is there such a thing as bad luck breaches? Most of us don't expect luck to rule our world although I will always take good luck if I can get it. But when bad things happen sometimes we say it is due to a string of bad luck. Can data breaches be due to one of those strings of bad luck?

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The first patient access settlement has been announced by OCR. Director Severino mentioned they would be putting an emphasis on this issue and we now have the first enforcement come through. What should you learn from this settlement? It included some interesting corrective action requirements.

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