January 8, 2025 As we ring in the new year, it’s important to remember that Business Associates (BAs) are just as responsible for protecting patient health data as their Covered Entity counterparts. A major misstep by a BA was highlighted recently on a federal level, and the first fine of 2025 was imposed. Elgon, a Massachusetts-based medical record and billing support company for Covered Entities, was levied a $80,000 fine due to numerous violations of the Security Rule, which were exposed by the fallout of a ransomware attack. As a proposed update to the Security Rule is currently open for public comment and may take effect in the spring, it is crucial for Covered Entities to select Business Associates (BAs) who prioritize compliance. BAs are just as responsible for ensuring that Protected Health Information (PHI) is kept secure. What Happened? Elgon was the victim of a ransomware attack on March 25, 2023. Unfortunately, the BA didn’t realize the intrusion of its firewalls for over a week until a ransom note was discovered. Elgon then reported the breach, which affected over 30,000 patients of a Covered Entity. Thousands of social security numbers, addresses, and other personally identifiable information were leaked from the attack. When Elgon was investigated, it was uncovered that the organization failed to recognize its risks in a Security Risk Analysis (SRA). The SRA is at the foundation of a successful practice or business, giving an organization a benchmark on how it handles PHI and how it can improve. This fine is also the second enforcement of the OCR’s Risk Analysis Initiative, highlighting the importance of completing and maintaining this assessment. How to Protect Your Organization Covered Entities and Business Associates need to uphold their commitment to protecting patient data. This recent fine is a stark reminder of what can happen when the proper procedures are not followed, exposing the personal information of thousands of patients. To avoid and mitigate situations like this, Covered Entities must carefully choose the right BA to work with, ensuring they also understand the importance of protecting patient data. For BAs, having the proper safeguards in place is vital, earning trust from Covered Entities that you can keep their patients’ PHI safe. A key document that establishes the liability of both parties is the Business Associate Agreement (BAA). The BAA is a written document required when working with Business Associates and vice versa. This signed agreement ensures both parties know their responsibilities when handling patient data. Proposed updates to the Security Rule expand on this, with BAs potentially having to verify they are enforcing the proper safeguards on a yearly basis, certified by a compliance expert. Overall, this fine sets the tone for a new year of significant changes and enforcement by the OCR. Covered Entities and Business Associates must both understand their critical role in protecting patients. To learn more about how you can become HIPAA compliant, schedule a consultation with our team of experts today.
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.
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.
Top Mistakes of Business Associates in Healthcare: How to Avoid Partnership Pitfalls
March 13, 2024 Hi Business Associates (BAs)! We know that working with healthcare practices adds the stress of securing the Protected Health Information (PHI) of patients. Running a business and protecting patients can be tough, but it’s a requirement under HIPAA. This shared responsibility is key to keeping your business compliant, allowing you to have a successful business, happy partners, and of course, safe patients. Here are some of the most common compliance violations BAs make, and how you can avoid them. Dude, Where’s My Business Associate Agreement? The first thing a Business Associate needs to do is sign a Business Associate Agreement (BAA) when working with a Covered Entity (CE). BAAs are a game plan for our business alongside healthcare practice. With a proper BAA, your organization has documentation of your shared responsibilities to keep PHI secure. If there’s anything you need to know about compliance, it’s to document everything! This BAA includes important information about permitted uses and disclosures of PHI, safeguards that the BA is expected to establish, Breach Notification requirements, training requirements and more. Now, this map of your partnership seems like a pretty easy thing to do, especially because it takes some liability off of your shoulders. However, one of the most common violations of HIPAA for BAs is not having this agreement documented. There have been millions of dollars in fines that stem from one simple thing: not having a BAA. It’s a simple step your business has to take, and with Abyde, we make it easy. With our software, we will draft a personalized BAA for your organization. All you have to do is sign it and send it off to your CE partner. Worried about losing this BAA? Don’t worry! It lives in the software having this documentation readily available for your business. Getting Schooled A Lack of training is another top mistake for BAs. Once again, as a BA, it is imperative to be aware and educated on compliance. While compliance training might not exactly be as exciting as a Rocky montage running around Philly, it is very important, and when done right, can be fun. Abyde nails entertaining training with our interactive material, simplifying complicated topics into top-notch training. Once again, training is vital for BAs, and when not completed, the consequences can be severe. When you violate HIPAA rules, like not training, the minimum fine is $137 per incident. Something like that can add up pretty quickly. Additionally, training is so important in promoting a culture of compliance, ensuring all employees know the essential role they play in your business. Breach Bandits Unfortunately, breaches are common in healthcare. While it is imperative to take proper precautions against breaches, like having an IT company’s assistance, controlled access, and more, it can still happen. Sometimes, no matter how hard you secure your business, breach bandits still find a way through your security. While it might happen to you, you can always control how you handle the situation. Before a breach even occurs, you need to take the proper cybersecurity precautions, and also complete a Security Risk Analysis (SRA). After a breach, it is required to follow the Breach Notification Rule of HIPAA. The Breach Notification defines what your business needs to do if it is impacted by a breach, including how it needs to be reported and how it must be shared with affected patients. The consequences of improperly handling a breach can be catastrophic, with major fines affecting your business. For example, the first ransomware attack ruled on by the OCR impacted a BA. This Business Associate was caught in the crosshairs of a ransomware attack and was fined $100,000 due to their lack of a SRA and having no policies and procedures in order. Now, dun dun dun! That’s where Abyde steps in again. Our software includes a simple SRA for your business to complete, going through all OSHA requirements in a questionnaire that takes minutes to complete. Well, you might now be wondering: What about policies and procedures? How do I quickly write those? I don’t know what I need? Well, the Abyde software has dynamically generated policies and procedures for your practice, drafted in seconds. Overall, your friends at Abyde know that running both a successful business AND ensuring the protection of patients’ data can be complicated, and that’s why we’re here to help. Abyde is the simple solution for all of your compliance concerns, with our intuitive software making compliance easy. To learn more about how Abyde can eliminate your business’ compliance worries, email us at info@abyde.com or schedule a consultation here.
Shredding for Secrecy: Why BA’s Proper Disposal Matters
March 1, 2024 Handling the complexities of HIPAA regulations can feel like walking a tightrope for healthcare providers. Every interaction with Protected Health Information (PHI) – from creation to disposal – carries potential risk. Fortunately, they’re not alone. Shredding companies, step into the crucial role of Business Associates (BAs), becoming vital partners in ensuring HIPAA compliance. When Disposal Companies Wear the BA Hat: Not all disposal companies fall under the BA umbrella. The key factor hinges on access and interaction with PHI. If a company directly receives, handles, or disposes of PHI on behalf of a covered entity like a hospital or clinic, they automatically become BAs. This means they’re bound to HIPAA legislation, becoming directly liable for the protection of patients’ data. Why Shredding BAs are Essential for HIPAA Compliance: Beyond just disposing of paper, disposal BAs bring critical expertise to the table: Paper-Thin Excuses: The Consequences of Improper Disposal The consequences of improper disposal of PHI can be severe. For instance, the New England Dermatology and Laser Center was fined over $300,000 due to improper disposal of PHI, and having health information in a garbage bin in their parking lot. Data security isn’t a solo act. Recognizing disposal BAs as active partners in the HIPAA compliance journey strengthens the entire healthcare ecosystem. By choosing trusted BAs and fostering open communication, covered entities can leverage their expertise and navigate the ever-evolving regulatory landscape with greater confidence. For Business Associates, being compliant is beyond good business practices, it’s upholding your commitment to patients’ data. Abyde’s newest software, HIPAA for Business Associates is here to simplify compliance for your organization. Abyde’s software includes training, security risk analysis, a BA and CE portal, and many more resources to assist your organization. To learn more about compliance for your organization, email info@abyde.com and schedule a demo today here.
IT in the White Coat: The Crucial Role of IT Companies in Healthcare
February 12, 2024 The medical field is undergoing a digital revolution, and IT companies are more than just the folks building all the fancy gadgets. They’re putting on virtual white coats and becoming Business Associates (BAs), working hand-in-hand with healthcare providers. But this isn’t just about cool tech – it’s about protecting something crucial: your health information. So, what exactly do BAs do? The Health Insurance Portability and Accountability Act (HIPAA) defines BAs as any person or entity that creates, receives, transmits, or maintains protected health information (PHI) on behalf of a covered entity, such as a hospital or health insurance provider. This means IT companies involved in tasks like: Responsibilities and Actions: Becoming a BA comes with a significant responsibility to comply with HIPAA regulations. Here’s what IT companies, as BAs, must do: Beyond Compliance: Building Trust and Value: While compliance is paramount, IT companies can go beyond the minimum requirements and truly become valuable partners in healthcare. Here are some ways: The Future of IT in Healthcare: The future of healthcare is digital, and IT BAs are the key to keeping it safe and secure. By embracing their responsibilities and working together, they can ensure that technology not only revolutionizes healthcare, but also protects what matters most – the health and safety of patients. To learn more about our IT partners, click here. To learn more about how to keep your IT organization compliant, email info@abyde.com and schedule a compliance consultation here.
The Consequences of Neglecting Shared Responsibility: A Business Associate Case Study
February 9, 2024 The world of healthcare data is complex, with numerous players responsible for safeguarding sensitive patient information. While doctors and hospitals are at the forefront, Business Associates (BAs) also play a critical role in HIPAA compliance. From marketing firms to IT organizations, any entity handling protected health information (PHI) for a Covered Entity (CE) becomes a BA, entrusted with a dual mission: serving clients and ensuring data security. Abyde has written a case study on the consequences of Business Associates neglecting their shared responsibility. The case of Doctors’ Management Services (DMS) serves as a stark reminder of the consequences of avoiding BA responsibilities. In April 2017, a ransomware attack compromised the PHI of over 200,000 patients, putting them at risk. Shockingly, DMS discovered the breach over a year later, failing to implement basic security measures and promptly report the incident. This resulted in a $100,000 fine – the first-ever HIPAA penalty related to ransomware – and three years of corrective action under OCR monitoring. The key takeaways are clear: Here’s how Abyde can help BAs navigate HIPAA compliance with ease: We have a new software launching soon focused on assisting Business Associates achieve HIPAA compliance. Our software is revolutionizing, and it: Don’t wait to become the next cautionary tale. Choosing Abyde’s HIPAA for BA software demonstrates your commitment to compliance excellence. Read the entire case study here. For more information on how your organization can achieve compliance, email info@abyde.com and schedule an educational consultation here.
BA Blunders: Lessons From Major Fines Given to BAs
February 6, 2024 Hey there, privacy protectors! Abyde here, your friendly neighborhood compliance champion, dropping some serious knowledge about Business Associate (BA) blunders. You know, those slip-ups that land you in hot water with HIPAA? Not a fun time at all. Here are some major lessons that BAs can learn from to ensure they continue to uphold their shared responsibility of protecting patient data. Proactive security is key: Assuming your company is immune to threats can lead to costly mistakes. Doctors’ Management Services faced this harsh lesson when they were part of a cyber attack and their files, which included protected health information, were infected with ransomware. DMS didn’t realize their files were affected for over a year. This infection isn’t something that can be quickly cured, with hacking organizations demanding money in exchange for access to files. The DMS’s delayed reactionary response teaches BAs what not to do. The DMS did not have an updated security risk assessment, policies and procedures in place, or security systems in place to be prepared for this ransomware attack. The OCR fined them a pretty penny, $100,000, for their negligence. This lesson was also the first fine based on a ransomware attack. Secure all servers: All protected health information, or PHI, a Business Associate interacts with, needs to be properly secure. While this seems obvious, BAs have learned this lesson the tough way, like MedEvolve’s $350,000 fine. MedEvolve had PHI online on an easily accessible server. This publicly accessible server included information like patient names, billing addresses, and even social security numbers. A similar fine also occurred to iHealth Solutions, an IT organization that did not properly secure access to a server that contained the PHI of over 250 patients. This mistake cost the company $75,000. Set up remote deletion of PHI: When working in a business, numerous devices have access to PHI. It is imperative to ensure data can be quickly wiped if these devices get into the wrong hands. A perfect example of this lesson was one learned by the Catholic Health Care Services of the Archdiocese of Philadelphia, which was fined $650,000. There was a theft of a CHCS employee’s phone that contained PHI. This phone had access to extensive PHI, including, social security numbers, diagnoses and treatments and patients’ families. Due to this stolen device, and no proactive measures to mitigate the detrimental impacts of theft, the CHCS was heavily fined and had to be monitored for two years. These fines may grab headlines, but the true cost goes beyond money. Breaches erode patient trust, damage reputations, and hinder the security of healthcare. Remember, BAs play a vital role in safeguarding sensitive information, and non-compliance has far-reaching consequences. While these fines serve as expensive lessons, Abyde is here to simplify compliance for your organization. Learn more about what it means to be a compliant Business Associate by emailing info@abyde.com and scheduling an educational consultation here.
Your Role in Protecting Patient Data
January 22, 2024 In the intricate healthcare ecosystem, patient data flows through a network of entities, each holding a piece of the puzzle. At the core are covered entities, like hospitals, clinics, and health plans, directly responsible for patient care and managing their Protected Health Information (PHI). Alongside them stand business associates, vendors and service providers who handle PHI on their behalf, performing crucial tasks like billing, claims processing, and data analytics. Both covered entities and business associates share a critical responsibility: safeguarding patient data with utmost vigilance. Breaches or misuse of this sensitive information can have severe consequences, eroding trust, damaging reputations, and potentially harming patients. So what exactly constitutes your role in this collective effort, depending on your position within the system? Unpacking the Roles: Sharing the Responsibility: Some vital roles Covered Entities and Business Associates play in data security include: Shared Accountability, Shared Success: Protecting patient data is a team effort. Covered entities and business associates must work together, hand-in-hand, to build a robust security ecosystem. This requires: Compliance is not just a box to tick; it’s a shared commitment to safeguard patient trust and privacy. By understanding their roles and responsibilities, both covered entities and business associates can lead as protectors of patients’ sensitive information. For more information on how you can ensure compliance, contact us at info@abyde.com and schedule an educational consultation here.
Beyond the Doctor’s Office: The Essential Guide to Business Associates (BAs)
January 16, 2024 In the healthcare world, data privacy reigns supreme. That’s where the Health Insurance Portability and Accountability Act (HIPAA) comes in, safeguarding sensitive patient information known as protected health information (PHI). But HIPAA’s reach extends beyond hospitals and doctors’ offices. Enter the business associate (BA): a vital player in the healthcare ecosystem, yet often shrouded in mystery. So, who exactly are BAs? Imagine a bustling healthcare landscape. Hospitals outsource billing services to companies, pharmacies rely on data analytics firms, and insurers partner with cloud storage providers. All these entities, if handling PHI, become BAs under HIPAA. In simpler terms, a BA is any person or organization that performs certain functions or activities involving PHI on behalf of a covered entity (healthcare providers, health plans, and clearinghouses). BAs sometimes are field-specific, like optometrists having eyeglass labs and OCT manufacturers. Dentists also have BAs like dental labs and equipment providers. Think of BAs as the supporting cast in the HIPAA play. They handle crucial tasks behind the scenes, ensuring smooth healthcare operations while keeping patient data secure. But with great responsibility comes great accountability. BAs are bound by the same HIPAA regulations as covered entities, meaning they must: Why are BAs important? BAs play a critical role in the healthcare industry’s efficiency and innovation. They allow covered entities to focus on patient care while outsourcing non-core activities. But more importantly, BAs contribute to a robust system of PHI protection, ensuring patient privacy and trust. The BA landscape is constantly evolving. With the rise of telehealth and cloud computing, new types of BAs are emerging. This highlights the need for ongoing education and awareness about BA responsibilities to maintain robust HIPAA compliance across the healthcare spectrum. Remember: Whether you’re a seasoned healthcare professional or a curious outsider, understanding BAs is crucial for navigating the complex world of HIPAA. By demystifying their role and responsibilities, we can work together to build a stronger, more secure healthcare system for everyone. So next time you hear the term “BA”, remember: they’re not just business associates; they’re essential allies in safeguarding patient privacy and ensuring a healthy future for HIPAA compliance. If you have any other questions on business associates, email us at info@abyde.com, or set up an educational consultation with one of our compliance experts.