April 2024

HIPAA Compliant Phone Calls
Best Practices, Business Associates, HIPAA

1-800-HIPAA: Guide to Compliant Phone Calls

April 12, 2024 Comments Off on 1-800-HIPAA: Guide to Compliant Phone Calls

April 12, 2024 Brrring Brrring Brring! It’s your friends from Abyde calling! Pick up! We have some worthwhile tips and tricks to share with you today.  While we all love a good chat on the phone when working with Protected Health Information (PHI), it’s key to keep things confidential.  That’s why today, pick up our call and learn how your practice can make compliant phone calls. By following our tips, you’ll be a confident phone pro, ready to chat with patients while keeping their privacy a top priority. So, are you ready to answer? Let’s get started! Hello, it’s HIPAA In the digital age, there are numerous ways to connect and share information with patients. Reaching out to patients through the phone is still a common practice, but you need to be able to navigate it safely.  First, ensure your phone systems are HIPAA-compliant before sharing any PHI. This includes end-to-end encryption, user authentication, audit control, automatic log-off, and other strong security features.  When onboarding with a cloud-based phone service, make sure a Business Associate Agreement (BAA) is signed with the provider, ensuring accountability and liability when it comes to the protection of patient data.  Listen, we know you might be itching to chat after your visit –   you genuinely care about our patients and their well-being, but there aren’t a ton of reasons to call a patient.  While HIPAA restricts casual chit-chat, some of the reasons to call a patient include: Additionally, if you are calling a Business Associate (BA), make sure a BAA is signed before communicating any PHI through the phone.  When in Doubt, Leave it Out! When on the phone with a patient or a BA and you’re disclosing PHI, the Minimum Necessary Requirement is at play. As in the name, this standard means only the minimum necessary information about a patient’s health information should be disclosed.  FCC, or the Federal Communications Commission has come out and given guidance on HIPAA-compliant phone calls. Keep it short and sweet! Phone calls should be less than 60 seconds or less than 160 characters in text length.  And, don’t blow up any patient’s phone with calls! The FCC says patients should only receive three calls a week, or one text a day.  To ensure patient privacy and clear communication, keep calls brief and focused.  Before sharing any information, take a moment to verify the patient you are speaking with.  Phoning Family While it’s only normal for a family to worry about a patient’s health, sharing this information is a different story.  Under HIPAA, the patient has to agree for their PHI to be shared with family. Once again, only the minimum information required can be shared.  However, if a patient is incapacitated, PHI can be shared with the family if it’s considered in their best interest. Once a patient is lucid again, the patient can retract permission for PHI to be shared with family.  Dialing Up Patient Trust Phone calls are a common and effective way to quickly share information with patients. Like anything regarding PHI, it’s vital to stay compliant, keeping patient information secure.  By properly handling phone calls at your practice, you’ll strengthen patient trust, improve communication, and reduce compliance risks with the right tools. Abyde can be one of those trusted tools, being a cloud-based solution that streamlines the compliance process. Abyde will assist you in having everything you need to be compliant, keeping you in check and creating a culture of compliance at your practice.  To learn more about what your practice needs to do to be compliant, email info@abyde.com, call us at 1.800.594.0883,  and schedule a consultation here.     

HIPAA vs OSHA
HIPAA, Legislation, OSHA

What’s HIPAA? What’s OSHA? What’s the Difference?

April 11, 2024 Comments Off on What’s HIPAA? What’s OSHA? What’s the Difference?

April 11, 2024 Now, when you work in healthcare, you’re not only responsible for the care of patients but also a slew of compliance regulations.  Sometimes, it can be confusing and overwhelming. The world of healthcare throws a whole lot of acronyms and regulations your way. HIPAA? OSHA? What do they mean? Well, don’t worry, this isn’t a pop quiz. We’re here to shed some light on these common compliance regulations and what they mean for your practice or business.  HIPAA: Hip Hip Hooray for Patient Privacy First, if you are a Covered Entity (CE) or Business Associate (BA), you have most likely heard of HIPAA.  HIPAA, or the Health Insurance Portability and Accountability Act guides how the Protected Health Information (PHI) of patients must be secure and safe. HIPAA also establishes the standards for how this sensitive health information is exchanged. HIPAA was signed into law by Bill Clinton almost 30 years ago, in 1996.  HIPAA was established as we made major technological strides. As technology continued to advance and was making its way into healthcare, with ePHI, or electronic Protected Health Information, it was time for legislation to be put in place.   HIPAA is composed of three key components: the Privacy Rule, the Security Rule, and the Breach Notification Rule.  There is also the HIPAA Omnibus Rule of 2013, which expanded the definition of Business Associates, encompassing all that create, receive, or transport PHI on behalf of a Covered Entity.  HIPAA regulations are enforced by the Office For Civil Rights (OCR), under the HHS. HIPAA violations can incur major monetary penalties and monitoring of a practice or business by the government. These fines can cost millions of dollars, so your practice must be HIPAA compliant!  OSHA: Oh shucks, Little ol’ me? With OSHA in Healthcare, we flip the script from HIPAA.  Instead of focusing on patients, it’s about you!  Healthcare workers and Business Associates, or under OSHA, known as third-party vendors, falling under Joint Responsibility, are protected by this federal legislation.  OSHA, or the Occupational Safety and Health Administration was established when the OSH ACT was signed by Richard Nixon on December 29, 1970. The administration itself was enacted as a result of this legislation, opening April 28, 1971. This workers’ rights legislation came at a time when there were limited protections for employees, and this federal law granted protection to employees from all industries. OSHA encompasses much more than just healthcare, providing legislation and regulation to every industry you can think of: from factories to construction sites, to even offices.  OSHA is very prevalent in healthcare, ensuring employees feel safe and protected in their practice. For instance, common OSHA healthcare concerns include proper PPE (Personal Protective Equipment), handling sharps, and potential exposure to bloodborne pathogens.  Different from HIPAA, since OSHA is an administration rather than just a law, OSHA enforces its regulations. OSHA enforcement can also cost a pretty penny: costing thousands per violation, with repeated violations going up to over $160,000.  How Abyde Can Help Well, that was a lot of compliance talk!  HIPAA and OSHA are two very important compliance regulations that protect both patients and employees. While compliance might feel like an added responsibility, it’s vital for the protection and safety of everyone. Without HIPAA and OSHA, patients’ privacy wouldn’t be protected and employees wouldn’t have safety and health standards in the workplace!  At Abyde, we simplify the compliance process, offering HIPAA and OSHA solutions. We even make it easy. We know that this compliance jargon and rules can be stressful, so our mission is to have practices and businesses Never Stress Over Compliance Again. We offer streamlined documentation, dynamically generated for your organization. We turned the daunting Security Risk Analysis or Facility Risk Assessment for OSHA into a minutes-long questionnaire. We also provide entertaining training that equips employees with the knowledge they need. Abyde offers many more resources to keep you on your compliance A-game.  To learn more about what you need for compliance, email us at info@abyde.com and schedule a consultation here for Covered Entities and here for Business Associates. 

AI in Healthcare Compliance
HIPAA

The Future is Now: Keeping Up with AI in Healthcare Compliance

April 10, 2024 Comments Off on The Future is Now: Keeping Up with AI in Healthcare Compliance

April 10, 2024 It’s hard not to marvel at the updates in technology. Maybe it’s not exactly what we expected from the Jetsons’, but it’s pretty close, especially with the recent push of Artificial Intelligence over the past two years.  Artificial Intelligence, more commonly known as AI, is the technology that simulates human behavior and capabilities.  AI has become much more accessible to the public and has transformed how we work. One of the most common AI platforms used is ChatGPT, a generative AI tool that can write anything in seconds – and definitely helps in the medical field. For example, ChatGPT can help with scheduling appointments, treatment plan assistance, patient education, and medical coding. But here’s the thing:  With all this amazing AI tech floating around, we gotta make sure it’s used in compliance with HIPAA.  We put together everything you need to know about using ChatGPT in a HIPAA-compliant way here!  While more AI tools are revolutionizing healthcare, it raises a crucial question: how do we stay HIPAA compliant?  Well, look no further! We’re blasting off into the future and giving everything you need to know when it comes to AI in healthcare.  AI Companies +  BAAs = BFFs These new healthcare AI companies would fall under Business Associates (BAs), if they have access to your patients’ Protected Health Information (PHI).  With every BA, it’s required to have a Business Associate Agreement (BAA). BAAs are documents that establish the working relationship between a Covered Entity (CE) and a Business Associate, describing each party’s responsibilities when it comes to the protection of patients’ sensitive information.  However, not all AI companies are willing to jump on the BAA bandwagon. By signing this agreement, they take on that shared responsibility when it comes to protecting PHI.  For instance, Open AI currently does not sign BAAs for ChatGPT, so sharing ePHI with them would not be HIPAA compliant.  However, some tech giants are willing to sign BAAs for their AI platforms. For instance,  Google has made strides in healthcare AI tools and has a process to enter a BAA with them for certain services. Give it a Double Take While AI can level up your practice, ensure that you keep a watchful eye on what information AI is producing. We are still in the infancy stage of AI in healthcare, and it’s bound to make mistakes.  Here’s your fun fact for the day. Did you know that when AI makes a mistake, it’s called a hallucination? Like how when we see things that aren’t there, the AI platform is ‘seeing’ patterns of information incorrectly, resulting in an inaccurate result.  So, when using AI, make sure you always give it the once over, making sure it’s on the right track.  What does the future of compliance look like?  Well, we know for sure more legislation is coming out regarding Artificial Intelligence. With the rise of new technologies in healthcare, like online tracking, the Office For Civil Rights (OCR) will release new guidance.  Artificial Intelligence is already on the radar for the government, with the Biden Administration unveiling an Executive Order on AI. Additionally, major healthcare organizations have committed to handling AI technology carefully, harnessing potential, while managing risks.  What can I do?  It’s a great, big beautiful tomorrow when it comes to the future of healthcare technology. We’re all along for the ride on the Carousel of Progress (Disney fans, anyone?).  Staying on top of the latest compliance updates is key to remaining compliant.  That’s how Abyde can help. We make compliance easy, making it the easiest part of running your practice or business. As technology continues to improve so should your compliance program. We turn the old binder in your practice or business into cloud-based software, making everything you need for compliance easily accessible.  To learn more about current compliance legislation, email us at info@abyde.com and schedule a consultation here for Covered Entities, and here for Business Associates.   

Ethical Importance of HIPAA Compliance
Best Practices, HIPAA

Beyond the Law: The Ethical Importance of HIPAA Compliance

April 8, 2024 Comments Off on Beyond the Law: The Ethical Importance of HIPAA Compliance

April 8, 2024 It’s Monday! Here’s to the beginning of another awesome week of taking care of patients or running your business!  Today, we’re starting the week off with some reflection.   While the monetary component of fines is no laughing matter; there’s something even more important than money when it comes to violating compliance standards: eroding personal ethics.  Think about it – wouldn’t you rather be known for your integrity and trustworthiness? Not just for avoiding fines, but for doing the right thing because it’s the right thing to do? Your character is what people remember, in business and out. Make it one you’re proud of! HIPAA: Much More Than a Law Many take an oath when you join the medical field as a healthcare worker. This oath details a core principle: first, do no harm.  Now, securing a patient’s data might not be the first thing someone thinks of as protecting a patient, but in today’s digital age, safeguarding their data is equally crucial.  Let’s face it, seeking medical help often involves sharing deeply personal and sometimes scary details about our health. HIPAA empowers patients by creating a safe space for these conversations, so the last thing a healthcare worker wants to do is erode their trust with non-compliance.  With technological advancements, a data breach really can put a patient at risk.  A data breach can expose a patient’s most sensitive information – name, address, social security number, medical history. This can make them vulnerable to identity theft, targeted scams, and more.  Unfortunately, Protected Health Information (PHI) is at the top of the list for malicious hackers to expose. The value of a health record can be worth as much as $1,000 on the dark web!  It’s up to your practice or business to keep patients’ information safe.  We’ve seen the repercussions of a violation, not only with the hefty fines but with the years of corrective measures and monitoring a practice or business has to go through.  A Corrective Action Plan (CAP) from the OCR can be a major blow to an organization’s reputation.  Not only does it expose past non-compliance to patients, but also includes years of close monitoring to ensure a practice or business doesn’t stray off the compliance path. And who wants to be grounded for years?  How Abyde Can Help We’re all a patient somewhere! Wouldn’t you want your doctor to take every precaution to keep your information safe?  Abyde is a software solution that makes HIPAA easy for your practice or business. We take the complexities of compliance and turn them into a cloud-based solution, with numerous resources all-in-one. The Security Risk Analysis, training, dynamically generated policies and procedures, and much more are all within the software, ensuring you’re on track for compliance.  Compliance is so much more than avoiding fines, it’s making sure that every patient you interact with feels safe and secure. To learn more about compliance for your organization, schedule a consultation here for Covered Entities and here for Business Associates. 

Kate Middleton Healthcare Breach
HIPAA

Royal Blunder: What the Kate Middleton Breach Teaches Us About Patient Privacy

April 5, 2024 Comments Off on Royal Blunder: What the Kate Middleton Breach Teaches Us About Patient Privacy

April 5, 2024 Today, we’re talking about some international news.  Once again, get your passport ready, because we’re taking a trip to the land of Big Ben, Buckingham Palace, and of course, the British monarchy.  The British monarchy, spanning over 1200 years, has long been a symbol of the United Kingdom.  You might have heard a lot of buzz about Kate Middleton’s health concerns over the last several months, with intense interest and curiosity regarding her recent absence from the public.  People searching for answers became pandemonium, and rumors flourished, with millions rabidly looking for answers.  Weeks after the introduction of  ‘KateGate’, the Princess of Wales addressed the public, in a heartfelt video message, revealing her recent cancer diagnosis.  However, this personal update was unable to be done on her terms. Hospital staffers searched for her private medical records, violating the princess’s privacy.  Today, we’re talking about a topic that hits close to home for everyone: that everyone, including royalty, deserves their Protected Health Information (PHI) to be secure.  A Royally Big Problem As a result of the media frenzy regarding the princess’s whereabouts, there was an unfortunate breach of protocol, with her information being searched for by three hospital staffers at the London Clinic after her surgery in January.  These staffers have received disciplinary action and have been suspended.  The CEO of the London Clinic, Al Russell has released a statement on the matter, “There is no place at our hospital for those who intentionally breach the trust of any of our patients or colleagues.” The United Kingdom and Europe have similar legislation to HIPAA, protecting the privacy of its citizens, to learn more about their laws, read this linked article! An investigation was opened up by the Information Commissioner’s Office, or ICO. Similar to America’s Office for Civil Rights, or OCR, the ICO investigates data protection violations and has the power to enforce laws.  They received a breach report at the end of March, and more information is soon to come.  However, Kate Middleton is no stranger to healthcare breaches.  A similar breach occurred over a decade ago when she was pregnant with her first child. When she was hospitalized for morning sickness, medical staff accidentally shared detailed medical information with callers they thought were Queen Elizabeth and (now King) Prince Charles. These callers weren’t royalty at all, but radio hosts!  What can we learn from this?  While we don’t have a monarchy stateside, it does serve the valuable lesson that even members in the public eye deserve their protected health information to be private.  Ensure your practice has access controls set up, ensuring that information is only accessible to the ones that need it.  Additionally, ensure staff is properly trained, knowing best practices in any situation.  The Kate Middleton incident serves as a stark reminder of the constant vigilance required to safeguard patient privacy. By learning from past mistakes and implementing extensive security measures, like compliance software like Abyde, healthcare practices can create a culture of compliance. This culture of compliance empowers staff to make informed decisions and protect health information. To see how your compliance currently stands, email us at info@abyde.com and schedule a consultation here.

GDPR vs HIPAA
HIPAA, Legislation

What’s the GDPR?: Your Guide to EU Data Privacy

April 4, 2024 Comments Off on What’s the GDPR?: Your Guide to EU Data Privacy

April 4, 2024 Today, we’re talking about our friends across the pond – Europe.  HIPAA, or the Health Insurance Portability and Accountability Act, guides the security of health information only in the United States.  Don’t worry, the fight for data privacy goes global, with many countries having similar legislation. Now, even in the land of euros and rich history, the safety of personal information is important.  Grab your passport! Today, we’re taking a quick trip over the Atlantic to explore how privacy laws are in Europe.  What’s the GDPR?  The GDPR, or the General Data Protection Regulation, is the European Union’s equivalent to HIPAA.  The GDPR was established in 2018, preceding similar legislation, and it defines the rights of EU citizens regarding how organizations collect and handle their personal information. For those unfamiliar with the EU, this currently includes 27 European countries: Austria, Belgium, Bulgaria, Croatia, the Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden. Whew! That’s a lot of countries!  Interestingly enough, countries that are not technically a part of the EU, but are a part of the European Economic Area, like Norway and Iceland, are also bound to the GDPR.   Now, before you ask, we haven’t forgotten our British buddies. After Brexit, the United Kingdom split from the EU and established its system, similar to the GDPR, called the Data Protection Act. Alongside this legislation, they have the simply named: UK GDPR.  Guess what that is? Ding ding ding! Yep, you guessed it! It’s the GDPR with slight updates for the UK.  Hopefully, I haven’t lost you yet!  GDPR vs HIPAA While the GDPR and HIPAA are really similar, they have major distinct differences.  The GDPR not only covers healthcare but all situations that include personal information. Buying something online from an EU-based company? The retailer has to be GDPR-compliant. Even a US bank can’t outrun the GDPR! If you’re a US-based bank with a new location in Europe, that location has to be GDPR-compliant.  The GDPR also allows for the right for erasure. If a patient wants their records to be deleted, a practice has one month to respond to the request.  GDPR rules around consent are also more distinct than HIPAA, requiring explicit and informed consent. GDPR consent must be easy to give and withdraw.  Rather than one organization, like the OCR, enforcing legislation, the GDPR is enforced by individual data protection authorities (DPAs) from the EU and EU-adjacent countries. GDPR fines can be vast – with some being up to 20 million Euros, or up to 4% of their total global annual revenue, whichever is higher!  In a major GDPR case, health data software company Dedalus Biologie was fined €1.5 million in France for a data breach affecting nearly half a million people! What can we learn from this?  Now, welcome back to the US! Hopefully, you were able to sleep on the way back.  From our quick exploration, we can see how important data privacy is on a global scale. While Europe’s legislation might be more encompassing than HIPAA, the same message is clear: data privacy is a fundamental right.  To see how your compliance currently stands in the US, email us at info@abyde.com and schedule a consultation here! 

New Jersey Nursing Facility HIPAA Fine
Fines, HIPAA

HHS Cracks Down on New Jersey Nursing Facility for HIPAA Violation

April 1, 2024 Comments Off on HHS Cracks Down on New Jersey Nursing Facility for HIPAA Violation

April 1, 2024 The U.S. Department of Health and Human Services (HHS) has imposed a civil monetary penalty of $100,000 on Hackensack Meridian Health West Caldwell Care Center, a skilled nursing facility in New Jersey. The facility violated the HIPAA Right of Access law. The penalty stems from the facility’s failure to provide a patient’s medical records to their authorized representative in a timely manner, or within 30 days.  According to the HHS Office for Civil Rights (OCR), which investigated the case, Hackensack Meridian Health withheld the records even after receiving documentation demonstrating the individual’s legal right to access them. The requested records were ultimately sent to the authorized representative only after intervention by the OCR. HIPAA guarantees patients the right to access and obtain copies of their medical records. The OCR enforces this regulation and takes action against healthcare facilities that fail to comply. “A patient’s timely access to health records is paramount for medical care,” said OCR Director Melanie Fontes Rainer in a press release. “The OCR will continue to vigorously enforce this essential right to ensure compliance by health care facilities across the country.” This incident highlights the importance of HIPAA and the rights it grants patients regarding their medical information. It also serves as a reminder for healthcare providers to ensure they have clear procedures in place for handling requests for medical records. This is also the second Right of Access violation ruled on in the last week. Read more about other recent fines here.

Phoenix Healthcare HIPAA Fine
Fines, HIPAA

Phoenix Healthcare Fine: Don’t be a Fool in Compliance

April 1, 2024 Comments Off on Phoenix Healthcare Fine: Don’t be a Fool in Compliance

April 1, 2024 Happy April Fools Day! We hope you’re enjoying the holiday with some lighthearted fun and pranks!  Now, HIPAA regulations are no laughing matter. HIPAA regulations are in place to protect patients’ information, making sure we all have the rights we deserve to keep our information safe.  Today, we’re talking about the latest HIPAA fine, given to a multi-location nursing care organization in Oklahoma, Phoenix Healthcare.  Phoenix Healthcare was fined 35 grand for violating the HIPAA Right of Access Rule, being the butt of the joke of this major fine.  Get buckled up, pranksters! We’re all in for some April Fools’ fun but don’t even think about messing with HIPAA. Patient privacy is no joke!  So, What Happened?  Well, what happened was unfortunately not a prank.  Phoenix Healthcare withheld someone’s health information for almost a year after an initial request was made.  The OCR was made aware of this not-so-funny situation by a caretaker trying to get the health information of her mother, a patient at the nursing home.  Like a joke that went on too long, Phoenix Healthcare eventually did send the information to the daughter. However, the HIPAA Right of Access Rule requires information to be shared within thirty days of a request. Some states, it’s even sooner, like California!  The daughter reported the HIPAA violation to the OCR, and at first, Phoenix Healthcare was ordered to pay a fine of 75,000! With an appeal, and an agreement that Phoenix Healthcare updates its HIPAA policies and procedures, and provides training, the fine was lowered to 35,000.  Whew! While Phoenix Healthcare is still on thin ice, they saved themselves a lot of money.  What can I learn from this?  Well, great question! First, HIPAA compliance is no joke. But don’t worry, no April Fool’s pranks here!  To stay ahead of the curve,  we can make sure your practice is up-to-date on all the HIPAA rules. That way, you can focus on the fun and leave the compliance worries to us. With Abyde, we make sure you Never Stress Over Compliance Again! The Abyde software offers a variety of features to simplify the compliance process. Yes, the words ‘simple’ and ‘compliance’ can be in the same sentence.  While this is a chore for Phoenix Healthcare, the Abyde software even includes dynamically generated policies and procedures, having HIPAA-compliant policies in seconds. The training is also covered, with our enjoyable training that somehow turns learning about HIPAA fun!  We promise you, this isn’t an April Fools trick, we actually make compliance easy. To learn more about how Abyde can help your practice, schedule a consultation, here. 

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