Posts Tagged ‘covered entity’

Should You Rush to Execute a BA Agreement Today? Probably Not

Thursday, January 24th, 2013

The final HIPAA “mega rule” is going to be officially published on the Federal Register tomorrow, January 25, 2013.  Currently the version available (https://s3.amazonaws.com/public-inspection.federalregister.gov/2013-01073.pdf) is “pre-publication” version.

Over the past week I’ve had numerous CEs and BAs contacting me, frantic to change their BA Agreements to “avoid complying with the Mega Rule for another year!” Wait, folks. You are misunderstanding; this is a very specific extension that only applies to the BA Agreements.  Let me explain… (more…)

You Need to Actually Do What Your Policies Say!

Friday, December 21st, 2012

This week I spoke with a small (~25 employees) organization (a business associate providing services to healthcare providers) that contacted me looking for help; they had purchased a whiz-bang “HIPAA compliance GRC” solution that included with everything else information security policies, but they couldn’t make any sense of the policies they were given or how they related to the rest of the expensive GRC tool.  Grrr!! There are (more…)

Encryption: Myths and Must Knows

Friday, March 2nd, 2012

I am looking forward to the day when we can look at the news headlines and not see some report about a lost or stolen computing device or storage device that contained unencrypted personal information and/or other sensitive information.  And, I also want to stop seeing stories reappear about such an incident, such as the stolen NASA laptop with the clear text Space Station control codes that was stolen last year, but is making the headlines yet again today.  NASA is a large enough, and tech savvy enough, organization to know better!  However, there are many organizations that simply don’t understand what a valuable information security tool encryption is.   I work with many small to medium sized businesses (SMBs), all of which have legal obligations (such as through HIPAA and HITECH, along with contractual requirements) to protect sensitive information, such as personal information.  Over the past year I’ve heard way too many of them make remarks such as… (more…)

Is A W-2 PHI?

Monday, February 27th, 2012

“Is a W-2 form protected health information?” is a simple question with a complex answer that begins (I know, to the nail-biting chagrin of many), “It depends…”

First the full question: (more…)

Do Subpoenas Trump HIPAA and/or Trample Security Of PHI?

Saturday, December 10th, 2011

On October 10, 2011, there was a report in the Baltimore Sun, “Law firm loses hard drive with patient records: Attorneys represent St. Joseph cardiologist sued for malpractice.” I posted about the report to one of the LinkedIn groups I participate in, pointing out that this is yet one more example of (more…)