Recording and written materials of AIS's audioconference on May 5, 2009

Complying With the New Federal Security Breach Notification Law: Strategies for HIPAA Covered Entities

Hospitals, providers, health plans and other HIPAA covered entities must prepare now to implement a rigorous new federal security breach notification law that should become effective in September. Signed by President Obama on Feb. 17 as a part of economic stimulus/electronic health records legislation, these new provisions require covered entities to notify HHS, the individuals whose “unsecured PHI” was breached, and – somewhat inexplicably – the media. Learn what the components of your federal security breach compliance program should be ... and what new steps your organization should take immediately following a security breach.

Sponsored by Atlantic Information Services, Inc., publisher of Report on Patient Privacy and Report on Medicare Compliance

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Onerous new HIPAA privacy and security provisions flew through Congress in February when they were piggybacked onto emergency economic stimulus legislation, which, in turn, contained funding and incentives for the use of electronic health records.

A centerpiece of the brand-new HIPAA mandates is a rigorous new federal security breach notification law, which requires covered entities to determine whether a security breach has occurred and, if so, to provide notices to the affected individuals, HHS, and also the media ... with the latter requirement having the effect of transforming a covered entity into its own whistleblower. 

These new federal procedures are complicated and set to take effect 30 days after publication by HHS of interim final rules, which the law requires HHS to issue within 180 days of enactment, or August 17. 

In addition to the tremendous damage to your reputation that can result from a patient privacy breach, stiff new penalties for HIPAA noncompliance were also adopted in February, and the Obama administration has promised far greater attention to HIPAA enforcement.

Veteran HIPAA attorney Reece Hirsch, a partner with Morgan, Lewis & Bockius LLP in San Francisco, outlines specific steps your organization can take to design and implement an effective security breach compliance program. You’ll get all the details on:

Speaker

REECE HIRSCH, a partner in the San Francisco office of the law firm of Morgan, Lewis & Bockius LLP, is one of the nation's leading health care privacy and security attorneys. Mr. Hirsch counsels hospitals, health plans, insurance companies, pharmaceutical companies, physician organizations and health care technology companies with respect to a wide range of privacy and security compliance issues. He has written and lectured extensively on HIPAA privacy and security, security breach notification issues, and state and federal privacy and security laws. Mr. Hirsch is a contributing author to AIS's HIPAA Compliance Center at www.AISHIPAA.com.

Moderator: Nina Youngstrom, Managing Editor, Report on Patient Privacy and Report on Medicare Compliance

 

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