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HAPPY NEW YEAR – HIPAA Style!

January 2, 2015 by Danika Brinda Leave a Comment

Vintage Key With 2015 Year Sign2014 was an epic year for healthcare data breaches.  From hacking into systems, breaking into healthcare organizations, theft of portable media, and improper destruction of paper records, the healthcare sector saw the largest data breach increase in 2014.  With 2015 just starting out, predictions are that healthcare organizations will see another increase in the number of data breaches.  While nothing can completely eliminate the risk to a healthcare organization regarding a data breach, simple steps can be put into place to manage and oversee the privacy and security protections established by healthcare organizations.  By taking some simple steps with the new year, healthcare organizations can proactively manage their privacy and security programs, and deter the potential data breach from occurring.  Follow the Happy New Year steps and your organization will be well on its way to effective and efficient privacy and security management of protected health information! 

H – Have a strong breach investigation process defined and implemented

A – Assure regular staff training and updates on privacy and security

P – Pay attention to who has access to what information (Minimum Necessary)

P – Proactive reviews of audit logs for software that maintains protected health information

Y – Yearly risk assessment and risk management  

N – Narrow access of protected health information to only get access to what is needed

E – Evaluation of privacy and security safeguards implemented to assure they are working effectively

W – Watch how people are working to determine how they are protecting health information

Y – Yearly review of business associates and the contracts that are established

E – Evaluate the use of encryption in the organization and document why, if encryption was not chosen

A – Adequate apply proper security patches and malicious software updates

R – Regular review of all HIPAA Privacy and security policies and procedures

Healthcare organizations should no longer ignore or overlook their compliance with the HIPAA regulations.  In order to prevent data breaches and protect patient information, it is important that a detailed HIPAA Governance program be established.  With the start of a fresh new year, it is time to re-write the HIPAA story and manage how patient information is protected!

Danika

Filed Under: Business Associates, Data Breach, HIPAA, New Year, Privacy, Protected Health Information, Security

2014 Data Breaches: A Review of a Monumental Year

December 15, 2014 by Danika Brinda Leave a Comment

2014-2015Looking back at 2014, it has brought a lot of concern and fear with the effective management of protected health information managed by healthcare organizations and business associates.  It has also been a memorable year for healthcare data breaches.  In 2014, healthcare organizations and business associates reported 301 large data breaches (data breach that impacts more than 500 people) – an increase from the 226 large data breaches reported in 2013.  With a 33% increase in large data breaches in 2014, it will also be known for the year the FBI warned healthcare organizations that they are at high risk for data breaches due to the lack of security measures and oversight of the protection of the data.

2014 Data Breach Facts

  • 88 of the 301 Data Breaches had business associates involved
  • 48.6% of the breaches were caused by theft
  • 21.6% of data that was breached was stored on paper
  • 11,506,782 people were impacted by data breaches
  • 10% of data breaches were caused by Hacking/IT Incidents
  • 7 States didn’t report any data breaches (MT, ND, HI, RI, VT, WV, ME)
  • $7,940,220 was collected in HIPAA fines by the Office of Civil Rights
  • 40 – Largest number of data breaches in one state (California)
  • 4,932,154 – Largest number of people impacted in one state (Tennessee)
  • 18 Data Breaches suffered by one covered entity (Oregon Health Insurance Exchange)

Data Breaches by State in 2014

State Number of Data Breaches People Impacted
Alaska 1 2,743
Alabama 3 55,466
Arkansas 3 10,713
Arizona 4 109,828
California 40 1,055,254
Colorado 6 41,096
Connecticut 3 7,390
Delaware 1 1,667
Florida 29 216,210
Georgia 10 365,793
Iowa 4 7,087
Idaho 1 6,900
Illinois 14 67,059
Indiana 11 268,208
Kansas 3 18,894
Kentucky 6 10,005
Louisiana 3 17,051
Massachusetts 12 62,189
Maryland 4 259,533
Michigan 4 11,688
Minnesota 5 25,446
Missouri 6 49,895
Mississippi 2 4,250
North Carolina 6 27,726
Nebraska 1 2,125
New Hampshire 2 1,979
New Jersey 5 76,314
New Mexico 3 4,040
Nevada 1 800
New York 19 247,268
Ohio 12 49,532
Oklahoma 1 6,000
Oregon 4 6,721
Pennsylvania 10 39,902
South Carolina 3 270,978
South Dakota 1 620
Tennessee 8 4,932,154
Texas 28 2,272,685
Utah 3 796,132
Virginia 8 22,688
Washington 6 22,771
Wisconsin 1 2,400
Wyoming 1 2,700

 

With 2015 looking to be another eventful year of HIPAA data breaches and HIPAA enforcement, healthcare organizations need to assure they are evaluating and implementing effective HIPAA oversight and governance programs.  It is essential that no matter what the size of the organization – large or small – protection of the privacy and security of patient information needs to be a front leader in the 2015 strategies.

Information Retrieved from http://www.hhs.gov/ocr/privacy/hipaa/administrative/breachnotificationrule/breachtool.html

Danika

Filed Under: Data Breach, HIPAA, Privacy, Protected Health Information, Security

5 Mistakes in Training the Workforce on Healthcare Privacy and Security

December 10, 2014 by Danika Brinda Leave a Comment

Books and laptopThe privacy and security policies and procedures are in place and updated, encryption of e-mail and computers is completed, risk assessment and mitigation plan is close to done, and business associate agreements are in place, it is time to breathe a sigh of relief and feel confident in your HIPAA Compliance Program.  Right?  What else could have been missed?

WRONG!

Many healthcare organizations fail to understand and effectively prepare their workforce members to understand how privacy and security relates to their specific job.  Workforce members have proven to be one of the top underlying reasons for HIPAA data breaches – both large and small.  Many healthcare organization train staff once per year and assume that education and training is enough to provide workforce members adequate information and tools to support proper understanding of healthcare privacy and security requirements.  What they don’t know, is they might be falling into the one of the 5 top mistakes in managing education and training to workforce members when it comes to privacy and security.

  1. Timing – education is happening yearly (maybe) or upon hire with no additional education provided. Failing to adequately and consistently train workforce members on privacy and security in healthcare can set an organization up for many vulnerabilities in protecting patient information.
  2. Workforce Members – healthcare organizations misunderstand the definition of workforce members and miss training workforce members on healthcare privacy and security requirements. When people are left out of training due to misinterpretation of who is part of the workforce, gaps are created in understanding privacy and security in a healthcare organization.
  3. Methods & Information – using the same methodology and information for training year after year can prove ineffective on gaining the skills and understanding necessary for successful safeguarding of patient information. Re-using the same education materials and methods over and over again is a common practice in healthcare organizations and results in improper education and understanding by workforce members.  Many people learn in different ways and not acknowledging and building training off of many methods can cause some workforce members to never fully grasp the concept of healthcare privacy and security.
  4. Relevant Data – training focused on just the regulations and not on how the specific healthcare organization’s technology and policies and procedures interact with privacy and security compliance can cause issues. By not understanding the current practices of an organization and how the technology supports protection of patient information, an organization creates risks and inconsistencies in day to day practices to safeguard patient information.
  5. Regular Updates – many organizations do not provide regular updates and information on current compliance issues with healthcare privacy and security outside the regular scheduled HIPAA training. Out of sight, Out of mind – without regular updates and current industry concerns, workforce members will push protection of patient information to the back burner and make careless mistakes, potentially causing a data breach.

Privacy and security education should be more than looking at a computer screen, watching a video, answering a few questions, and printing a completion certificate.  Proper training should take part in a variety of ways such as e-mail reminders, staff meeting discussions, current articles, and question and answer sessions.  Successful training should be interactive, relevant, and memorable to the workforce to create understanding and knowledge in the area of healthcare privacy and security.  It is time to start effectively preparing the workforce to help safeguard and protect patient information.  Don’t find your organization making one of the top 5 mistakes when training the workforce in regards to healthcare privacy and security.  Make 2015 the year when you create a robust HIPAA Training program that will properly prepare your workforce for success in safeguarding patient information!

Danika

Filed Under: HIPAA, Protected Health Information, Training, Workforce

HIPAA and the Holidays

November 23, 2014 by Danika Brinda 1 Comment

Turkey

‘Tis the kick off to the holiday season.  Time for families and friends to gather and celebrate one another, be thankful for life’s blessings, and eat way too much!  It is time to catch up and reminisce about the past year and all the fun and challenges that were faced.  With so many people working in healthcare, it is also easy to talk about that challenging and difficult patient you had, or how you did the right steps to save someone’s life.  While it is important to talk about work and all the good and bad that comes with it, keep in mind the privacy and security of patient information as you are celebrating the holidays.

So let’s celebrate HIPAA – Thanksgiving Style

T – Treat protected health information with confidentiality and integrity

H – Have a good time discussing successes but leave out the PHI details

A – Always remember that protecting patient information is a foundational duty

N – Never use patient identifiable data outside of work purposes

K – Kindly remind others to keep PHI private if it comes up in a discussion

S – Save the details for the medical record, where patient information should stay

G – Gossiping never leads to good outcomes – especially involving patient information

I – Imagine how the patient would feel knowing their PHI was disclosed during a holiday meal

V – Vow to respect the patients and remove PHI from conversations

I – Insulting patients by releasing and sharing PHI never has good outcomes

N – Nobody needs to know patient information unless they are involved in the care and treatment

G – Give all patients of healthcare the feeling of security knowing their information won’t be shared

Protecting patient information needs to happen both inside and outside the walls of work. Any information that you learn or gain for your day to day job duties about a patient, needs to stay confidential and not be released to others.  Information accidentally or inadvertently shared during a meal or during basic discussion can lead to a data breach, which impacts so many people including the healthcare organization, the patient, and the people sharing and/or receiving the information.

So, as we gather this holiday season, remember what the Hippocratic Oath states:

“What I may see or hear in the course of the treatment or even outside of the treatment in regard to the life of men, which on no account one must spread abroad, I will keep to myself, holding such things shameful to be spoken about.”

Happy Thanksgiving!!!!!!!

Filed Under: HIPAA, Holidays, Protected Health Information

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