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.
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.
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.
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.
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!
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 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.
Abyde Feature Week: BA | CE Portal
March 21, 2024 Let’s go! Day number four of Feature Week. We hope you’ve stayed tuned as we go over all the wonderful features that make Abyde the leading compliance software for Business Associates (BAs). We know that running your business can be tough, so we simplify compliance, so you can focus on being successful in your business. So far, this week we’ve gone over our intuitive Security Risk Analysis (SRA), our unique Scorecard, telling you what you need to do to be compliant based on your answers, and yesterday, our dynamically generated custom Policies and Procedures, saving your business countless hours in drafting documentation. How does this software get even better? Well, it does! Today, we’ll go over our state-of-the-art BA and CE (Covered Entity) Portal, where you can manage your Business Associate Agreements (BAAs). As we say here at Abyde, who does it better than us? NOBODY! BAA-lieve It or Not: The Importance of Business Associate Agreements A Business Associate Agreement, or a BAA, is an agreement between a BA and CE, or a Sub-BA, that outlines the roles and responsibilities of both parties when it comes to securing Protected Health Information (PHI). In simpler terms: a contract that spells out what each party needs to do when it comes to HIPAA compliance. One of the top HIPAA violations BAs make is not having a Business Associate Agreement in place. This agreement is required by the government, making sure both parties are aware of the responsibilities that come along with handling sensitive patient information. BAs must have agreements in place with all CEs and Sub-BAs they work with. Managing these agreements could be complicated without Abyde, being unaware of what needs to go into an agreement, getting it over to be signed and knowing when these agreements expire. But with Abyde, you don’t need to worry about this, simplifying the compliance process even more. Like how we dynamically generate custom Policies and Procedures, we create BAAs for you. All we need you to do is digitally sign. The BAA will be sent over by email through the software and will be stored in our nifty BA | CE Portal. Have an agreement expiring soon? We’ll notify you, giving you plenty of time to update your documentation so you can stay compliant. All BAAs are easily downloadable from the software and can be reviewed at all times. Have a partner who hasn’t signed yet? We’ll send reminders for them, too. With our revolutionary features, we think it’s clear: we want to make compliance the easiest part of running your business. To learn more about how you can manage your Business Associate Agreements with the Abyde software, email info@abyde.com and see it in action here.
Abyde Feature Week: Scorecard
March 19, 2024 Welcome to Feature Week! Whether you stayed tuned from last week, or are a first-time reader, we are celebrating the features that Abyde offers to make it easy for your practice to stay compliant. Yesterday, we highlighted Abyde’s state-of-the-art Security Risk Analysis (SRA), turning a complicated evaluation of your business’s compliance practices into a simple questionnaire that can be completed in minutes. Once your SRA is done, the Scorecard comes into play. Get comfortable and stay tuned on how this feature can make HIPAA a breeze for your business. Keeping Score Whew!, That SRA wasn’t so bad, right? So, what’s next? This isn’t a scorecard like in golf but is a hole-in-one when it comes to monitoring your compliance practices. The Scorecard is a review of your answers to the SRA and gives your business a thorough explanation of how your current practices hold up against regulations, and what your organization can do to improve. The SRA is like a coach’s playbook, outlining the game plan for HIPAA compliance. The Scorecard is this plan in action, like reviewing your game tape, seeing what you need to improve and what vulnerabilities you have as a business. This scorecard is easy to review and gives your business the risk levels of your current practices. Each question is unique, and some practices are more critical than others. For instance, only changing your password every six months is not ideal, but not as risky as not encrypting your files. Unfortunately, some practices will never be ‘low risk’, even if they are not wrong just because there’s always the chance of human and technological errors. For instance, numerous employees working remotely while handling Protected Health Information (PHI) is always going to be riskier than all PHI staying in one location. Impacted by a breach? You can easily show proof of a Security Risk Analysis by downloading the Scorecard in the software, showing the government that you take HIPAA seriously. You can also see every version of your Scorecard in the software, seeing how your path to compliance has gotten easier with the help of Abyde. Ready to keep your HIPAA compliance score? Reach out to info@abyde.com and schedule a demo here for your business.
Abyde Feature Week: Security Risk Analysis
March 18, 2024 For some, this might be Spring Break, but we have something even more exciting planned: Feature Week! Throughout this week, we are going to share the amazing things we have to offer Business Associates (BAs) for HIPAA compliance. I know that Spring Break and software features might seem like worlds apart, but somehow at Abyde, we make compliance and simplicity go hand in hand. So, get comfortable, fix your beach chair, grab a drink, and see how Abyde can make your compliance journey easy with our Security Risk Analysis (SRA). What is a Security Risk Analysis (SRA)? A Security Risk Analysis (SRA) is a required assessment of risks and vulnerabilities of how Protected Health Information (PHI) is handled. The quick 411– PHI is identifiable information about a patient, like a social security number, medical records and more. The Security Risk Analysis, established in the Security Rule, is an overall evaluation of how your business properly protects PHI, ranging from how often you change the passwords on your systems, to security alarms on the door of the business. This assessment is required, and organizations’ lack of one is a common HIPAA violation. Last year, a BA was fined $100,000 by the Office of Civil Rights (OCR) after they were impacted by a ransomware attack. One of the first things the OCR looks for is an SRA. As you might’ve guessed, there was no SRA in place, contributing to the hefty fine. How Abyde can help There’s A LOT of information to go through, and it might be overwhelming. That’s where our simplified Security Risk Analysis comes in. With Abyde, you can now analyze your processes without needing to hire a consultant or trying to audit yourself by referring to tons of paperwork. Before Abyde, an SRA could take weeks. With Abyde, it takes minutes. Our simple questions get straight to the point, and if you don’t know the answer to something? Don’t worry! You can mark the question and it will come back up later in our Ongoing Questions section on the dashboard, or call our team of compliance experts for help. Abyde is here to make compliance simple. It’s what we do best. Stay tuned for the next day in our feature week: our Scorecard. To learn more about the features of the Abyde software, email us at info@abyde.com and see the software in action by scheduling a demo here for Business Associates and here for Covered Entities.