Future Initiatives

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.   

2024 HIPAA and OSHA Fines
Fines, HIPAA, Legislation, OSHA

The Increase in HIPAA and OSHA Fines in 2024

January 30, 2024 Comments Off on The Increase in HIPAA and OSHA Fines in 2024

January 30, 2024 Well, my compliance crew, the cost of noncompliance just went up. As we all know, the costs of a HIPAA or OSHA violation can be detrimental to a practice. 2024 is bringing some hefty new financial burdens for organizations responsible for protecting patient privacy and worker safety. Buckle up, because increased fines for HIPAA and OSHA violations are here, and they’re not messing around. HIPAA: Your Data, Your Dollars The Department of Health and Human Services (HHS) has adjusted HIPAA civil monetary penalties for inflation, effective January 1st, 2024. This means: The message is clear: protecting patient privacy is more important than ever, and the government is willing to put its money where its mouth is. It’s time for healthcare providers and covered entities to beef up their data security measures and HIPAA compliance training.  OSHA: Safety First, Fines Second OSHA hasn’t been shy about increasing its civil monetary penalties either, effective January 17th, 2024. Here’s the breakdown: These adjustments reflect the rising cost of workplace injuries and illnesses. Businesses across all industries need to prioritize safety protocols and employee training to avoid these financial penalties and potential lawsuits. Who Feels the Pinch? These increased fines impact various stakeholders: The Bottom Line: The 2024 fine hikes for HIPAA and OSHA violations are a wake-up call for organizations. While the financial implications are significant, neglecting compliance can be far costlier in terms of reputational damage, legal repercussions, and potential harm to individuals.  That’s where Abyde can help your practice and organization. Abyde’s software can simplify compliance for you, with our software including training, risk assessments, dynamically generated policies and more.  By proactively addressing these regulations, organizations can create a safer and more secure environment for everyone involved. Remember, compliance isn’t just about avoiding fines; it’s about building trust and protecting what matters most. So, be a compliance champion, not a cautionary tale. Make 2024 the year of safety, security, and peace of mind! To learn more about what you need to do to be compliant, email us at info@abyde.com and set up an educational consultation here.

2024 OSHA Law Updates for Healthcare
Legislation, OSHA

2024 OSHA Law Updates for Healthcare

January 24, 2024 Comments Off on 2024 OSHA Law Updates for Healthcare

January 24, 2024 Greetings, safety champions!   At Abyde, we’re obsessed with keeping workplaces hazard-free, which means staying on top of regulatory shifts like OSHA’s 2024 updates. So, grab your safety goggles and buckle up, because we’re about to unpack the need-to-know changes that impact your business. Electronic Injury Reporting Changes: OSHA is now requiring electronic injury reporting of Form 300 – Log of Work-Related Injuries and Illnesses, and Form 301 – Injury and Illness Incident Report for high-hazard industries with 100+ employees on a yearly basis. The Form 300A – Summary of Work-Related Injuries and Illnesses still also needs to be completed. In addition, all companies have to use their legal company names while filing these electronic reports to improve the quality of OSHA’s data. Increased Penalty Fines OSHA is throwing some serious punches when it comes to violations. As of January 16th, all OSHA’s maximum penalties increased from $15,625 per violation to $16,131 per violation. The maximum penalty for repeated violations will increase from $156,259 per violation to $161,323 per violation. Now, that’s one costly mistake! Changes to Hazard Communication Standard Last updated in 2012, It is expected that OSHA will finalize updates to the Hazard Communication Standard. The new HCS will align with the latest edition of the Globally Harmonized System of Classification and Labeling of Chemicals (GHS). This means a shift in how we categorize chemical dangers, with new hazard classes and pictograms potentially finding their way onto labels and Safety Data Sheets (SDSs). Championing Compliance with Abyde At Abyde, we’re your compliance crew, cheering you on every step of the way.  We’ve got a toolbox full of resources to help you understand and promote a culture of compliance in your practice. For more information on how your organization can simplify OSHA compliance for your practice, email info@abyde.com or set up an compliance consultation here. 

Future of Secure Patient Information
Best Practices, Fines, HIPAA

2023’s Lessons Learned: Building a Secure Future for Patient Information

January 8, 2024 Comments Off on 2023’s Lessons Learned: Building a Secure Future for Patient Information

January 8, 2024 The year 2023 marked a turning point in healthcare data privacy. HIPAA compliance took center stage, with both the Office for Civil Rights (OCR) and state Attorneys General flexing their muscles and delivering hefty settlements for violations. This surge in enforcement activity sends a clear message: protecting patient data is crucial and required for practices.  Ransomware reared its ugly head, leaving a trail of exposed records and compromised privacy. OCR’s first-ever settlement for a cyberattack, involving over 200,000 individuals impacted by Doctors’ Management Services, and costing the organization a $100,000 fine. This highlights the growing threat of malware and the need for robust cybersecurity measures. Investigations also revealed systemic vulnerabilities in security practices, risk analysis, and incident response, exposing crucial areas for improvement. Financial penalties skyrocketed in 2023, reflecting a zero-tolerance stance towards HIPAA non-compliance. From LA Care’s $1.3 million settlement for inadequate security to St. Joseph’s Medical Center’s $100,000 fine for unauthorized PHI disclosure, we see that violations come with a steep price tag. Hacking remained the primary culprit of breaches. Over 77% of the large breaches reported to OCR were due to hacking. In addition, the large breaches reported this year have affected over 88 million individuals, an increase of over 60% compared to 2022. This alarming trend underscores the urgency of prioritizing patient data protection and implementing robust cybersecurity solutions. The year 2023 also saw a stark reminder that safeguarding patient information extends beyond digital security. The Kaiser Foundation Health Plan’s $49 million settlement, while not directly fined by the OCR, but the State Attorney General of California, served as a cautionary tale. The case centered on the organization’s improper disposal of PHI and hazardous waste in dumpsters, exposing sensitive information and potentially harmful materials to anyone who stumbled upon them. This incident highlights the critical need for comprehensive data governance policies encompassing not just digital security protocols but also physical procedures for secure storage, transportation, and disposal of any materials containing PHI. While the statistics paint a grim picture, they also present an opportunity for positive change. Abyde, a leading provider of compliance software, believes this heightened awareness can be a catalyst for improvement. By embracing comprehensive and intuitive compliance solutions, enforcing policies and procedures and fostering a culture of compliance in your practice or organization, we can ensure patients’ data is safe.  2023 may have been a year of reckoning for HIPAA compliance, but it will be the foundation of a secure 2024. Let’s work together to prioritize patient privacy, strengthen security and overall, promote a culture of compliance, to keep patients safe. Contact Abyde today at info@abyde.com or set up a demo to see how our compliance software will keep your practice and patients safe this new year.

Future of OSHA
OSHA

Emerging OSHA Regulations: What to Expect in the Coming Years

October 13, 2023 Comments Off on Emerging OSHA Regulations: What to Expect in the Coming Years

October 13, 2023 Introduction The Occupational Safety and Health Administration (OSHA) is a dynamic organization, constantly updating its regulations and guidelines to reflect the evolving landscape of workplace safety and health. As a covered entity, staying ahead of these changes is not just a matter of compliance; it’s a commitment to the well-being of your workforce. In this article, we will delve into what to expect in the realm of emerging OSHA regulations and how you can prepare for them. The Ongoing Pandemic’s Impact The COVID-19 pandemic has had a profound impact on workplace safety protocols. While some temporary measures may be phased out, others, such as enhanced sanitation and air quality guidelines, could become permanent fixtures of OSHA regulations. Companies may need to invest in better HVAC systems or air purifiers to ensure a safe working environment. Technological Advances With advancements in technology, OSHA is likely to adopt more data-driven approaches. Implementing wearables that monitor employee posture, heart rate, or exposure to harmful substances may become commonplace. This data could be invaluable for both employers and OSHA in assessing workplace safety levels and compliance. Mental Health Considerations As awareness around mental health grows, OSHA may introduce regulations that address workplace stress, bullying, and other mental health issues. This could require employers to provide mental health resources or training programs to reduce workplace stress. Green Initiatives With an increasing focus on sustainable practices, future OSHA regulations could require companies to adopt eco-friendly measures. These could range from waste management to using green materials in construction and manufacturing processes. Failure to adopt such measures could result in fines and damage to a company’s reputation. Increased Fines and Penalties The trend has been clear: OSHA is increasing fines and penalties for non-compliance. The financial repercussions of failing to adhere to OSHA regulations will likely become more severe, making compliance a financial imperative as much as a moral and legal one. Gig Economy and Remote Work The rise of the gig economy and remote work poses new challenges for OSHA. Traditional regulations focusing on physical workplaces may evolve to include home offices or shared workspace guidelines. Such guidelines may concern ergonomic setups, electrical safety, and even cybersecurity. Preparation for Emerging Regulations Conclusion As the nature of work evolves, so will OSHA regulations. By staying ahead of these changes, you protect your employees and shield your organization from potential legal complications and fines. The future may be uncertain, but preparation and attentiveness will go a long way in navigating the complexities of emerging OSHA regulations.By equipping yourself with the knowledge and tools to adapt to these new norms, you’re not just complying with the law but also making a long-term investment in the health and safety of your workforce. Need help or have questions? Click here to schedule a complimentary compliance consultation with an expert today!

HHS Announces New Divisions Within the OCR
HIPAA, Legislation

HHS Announces New Divisions Within the OCR

March 14, 2023 Comments Off on HHS Announces New Divisions Within the OCR

March 14, 2023 EXTRA EXTRA READ ALL ABOUT IT!! The U.S. Department of Health and Human Services, through the Office for Civil Rights (OCR), announced the formation of a new Enforcement Division, Policy Division, and Strategic Planning Division. Why isn’t this front-page news? And why did the HHS need to form three new divisions? “OCR’s caseload has multiplied in recent years, increasing to over 51,000 complaints in 2022– an increase of 69 percent between 2017 and 2022,” said OCR Director Melanie Fontes Rainer. “…reorganization improves OCR’s ability to effectively respond to complaints, puts OCR in line with its peers’ structure, and moves OCR into the future.” The OCR will now reflect the structure set by the U.S. Department of Education’s Office for Civil Rights. The Strategic Planning Division will not only work to coordinate public outreach to protect civil rights and health information privacy. They will also expand data analytics and coordinate data collection across HHS leadership. With the OCR being proactive and educating the public on their rights, now would be the time to make sure you are being proactive with HIPAA. What is something to make sure you are staying compliant and one step ahead of the OCR?  How about your Security Risk Analysis or the “Crown Jewel” of the OCR as we like to call it. It’s the first thing the OCR asks for when they come knockin’. So why not beat them to the punch? You’ll identify and assess potential threats and vulnerabilities to protected health information (PHI), as well as evaluate the effectiveness of the organization’s security measures and policies. A HIPAA Security Risk Analysis is an ongoing process that must be regularly reviewed and updated to ensure that the organization remains in compliance. Guess what, here at Abyde we automate the entire process for you.  Extra, extra, HIPAA violations can result in severe consequences, including fines, legal action, and damage to a healthcare organization’s reputation. Therefore, it is critical for healthcare providers and organizations to prioritize HIPAA compliance and regularly review and update their policies and procedures to ensure they are in line with the latest regulations.

OCR HIPAA Budget Proposal
HIPAA, Legislation

MORE MONEY, MORE PROBLEMS? OCR Budget Proposal Will Result in Greater Enforcement and More Fines

May 16, 2022 Comments Off on MORE MONEY, MORE PROBLEMS? OCR Budget Proposal Will Result in Greater Enforcement and More Fines

May 16, 2022 If you think the Department of Health and Human Services (HHS) Office for Civil Rights (OCR) isn’t zeroed in on compliance, think again. OCR recently announced its request for a 55% increase in its overall funding, for a total of $60.2 million for the 2023 fiscal year. While this number may seem shocking, their plans for the money may make your jaw drop.  Let’s take a look at why the increase is needed.  Nearly 46,000 complaints were received in FY 2021, a dramatic increase from nearly 2,000 in 2003. Just this year, they’re expecting more than 28,000 related strictly to HIPAA. OCR states, “given the trend in complaints to OCR as well as the priorities articulated by the Administration, OCR anticipates a significant increase in the number of civil rights, information breaches, and cybersecurity complaints.” OCR opens an investigation for any breach that affects more than 500 people. In 2021, there were 714 of those instances, more than 30% growth over the last two years. Currently, OCR is limited to how many of these they can conduct a full investigation on. Imagine how powerful this could be if granted the resources to execute the necessary amount?! In addition, OCR is looking to add more regional investigators to address the backlog of existing complaints. With a goal of clearing the backlog by FY 2026, $8 million will be allocated to address the existing complaint inventory. OCR supports adding new regional investigators to “resolve new civil rights and HIPAA cases, address the backlog of complaints, and initiate compliance reviews in the Administration’s priority areas.” With a staff of 77 in 2020, they plan to add an additional 37 investigators and supervisory investigators in FY 2023. The budget accounts for a total increase of 64%, equating to 91 new employees. More staff could mean more knocks on your door!  Still think that you’re the one that got (or will get) away?! This next bit is for you. Increasing fines and the institution of injunctive relief are more immediate than 2023.  Not sure what a HIPAA violation could cost you? Don’t go get a tattoo of these any time soon – OCR is requesting increases based on a federal court evaluation. In 2019, then-OCR Director Roger Severino published a “notice of enforcement discretion” complementing the HITECH Act basing violation amounts on the party’s awareness and fault. While you could imagine this leaves some room for interpretation, the tiered fine structure will remain in place. Changing lanes, Injunctive relief essentially restrains a party from a certain action. OCR regulator, Adam Greene openly notes the HITECH Act “provides attorneys general with authority to seek injunctive relief.” Green continues to state, “If OCR were given authority to obtain injunctive relief, then it could require entities to take or discontinue actions –such as by requiring an entity to provide an individual with access to records or to discontinue a use or disclosure of protected health information – rather than only being able to penalize the entity after an act or omission occurs.” If you still aren’t convinced that OCR means business, let’s wrap up with a summary of what their request for extra dollar signs means for you. An increase in budget simply equates to an increase in resources – more employees to not only attack the existing backlog but the ability to complete more in-depth and frequent investigations. Higher fines and more meaningful corrective action plans mean greater penalties and violation costs. We hope you take your compliance seriously, OCR certainly is! Let us navigate these upcoming changes with you – from our simple software to our readily available education, we will be your companion in confidence that you are set up for any OCR changes that come our way.   

HIPAA Summit Takeaways and OCR Guidance
HIPAA, Legislation

HIPAA Compliance Insights: Summit Takeaways and OCR Guidance

January 7, 2021 Comments Off on HIPAA Compliance Insights: Summit Takeaways and OCR Guidance

April 3, 2024 Happy Wednesday! Let’s crush the rest of the week! While we are battling our Hump Day blues, let’s turn this Wednesday into a learning opportunity.  A HIPAA Summit was held, introducing new updates to HIPAA legislation. Want the quick 411? You’ve come to the right place!  Part 2 Final Rule We go into more detail about this in our article here, but new legislation regarding the confidentiality of Substance Use Disorder patient records has been released.  You need to know that:  The full rule can be found here.   Cybersecurity Resource Revision The National Institute of Standards and Technology, or NIST released some new resources for cybersecurity measures. These resources include explanations of the HIPAA Security Risk Analysis and actionable steps to implement these measures. To read more about these resources, click here. HIPAA Online Tracking Technologies  Online tracking technologies have been at the forefront of recent compliance cases like the 300,000 dollar fine given to the NewYork-Presbyterian Hospital due to website tracking.  The OCR is on it, issuing guidance on how to properly use tracking technologies.  What you need to know is that when using tracking technologies: Enforcement Highlights Unfortunately, we’ve seen a major spike in patients impacted by HIPAA. In 2023, over 134 MILLION were exposed to a large HIPAA breach.  What You Can Do First, sorry for the information overload, but it’s vital to know for your practice.  By following these guidelines, you’ll provide an even more positive and secure experience for your patients. An easy way to stay compliant is with Abyde. The Abyde software offers a plethora of compliance resources, making compliance simple.  We offer the latest information and entertaining training for your practice, always keeping you on your A-game. Want to avoid common HIPAA mistakes? Use Abyde! We turned the Security Risk Analysis into an intuitive questionnaire that can be completed in minutes. We also offer dynamically generated documentation, including Business Associate Agreements that can be completed in seconds!  Want to see where your compliance currently stands? Email us at info@abyde.com and schedule a consultation here! 

HHS Proposes Changes to HIPAA Privacy Rule
HIPAA, Legislation

HHS Proposes Changes to HIPAA Privacy Rule

December 11, 2020 Comments Off on HHS Proposes Changes to HIPAA Privacy Rule

December 11, 2020 When you thought of HIPAA, was the image that came to mind an old, never-changing and outdated law? If it was, the Department of Health & Human Services (HHS) just issued a wake-up call with a new Notice of Proposed Rulemaking (NPRM), announced yesterday, to make fresh new modifications to the HIPAA Privacy Rule.  So what may be changing when it comes to HIPAA? The proposed modifications are designed to address barriers to value-based health care, particularly those that limit or discourage care coordination and case management communications, as well as amend provisions of the Privacy Rule that pose “unnecessary regulatory burdens” without sufficiently improving privacy protections. While the 357 page document contains a lot of information, a few highlights of the proposed changes include: There’s a lot to unpack within these proposed changes, but in general, the proposal helps to bring the HIPAA Privacy Rule up to date with current technology usage, in addition to expanding and emphasizing patient’s rights to view, receive, and handle their own PHI. While these rules are just a proposal, it’s highly likely that most of these changes will go into effect (or a similar version of them) once the proposal’s comment period ends. So when will you need to worry about these changes? Since the proposal’s announcement on December 10th, comments on the notice are due within 60 days. Once the comment period has ended and any changes are finalized, the effective date will be 60 days from the final publication. Your practice will still have a little breathing room, as covered entities would have 180 days from the effective date to update or implement policies to achieve compliance with these new or modified standards – essentially, you’ll have 240 days after the rule is finalized to comply.  While complying with these proposed Privacy Rule changes won’t be necessary for quite a while, knowing what is coming and preparing your practice ahead of time is still key. If you don’t have a current compliance program in place that reflects the most recent industry threats and updates, consider throwing out what may be a very old HIPAA binder and seeking out a new solution that can help you dynamically update your policies as these changes go into effect next year. 

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