Hospital compliance attorney
A hospital compliance attorney is a legal
professional, who is in a position to provide comprehensive compliance and
counseling for the hospitals to ensure that they adhere to the state and
federal regulations that are implemented within the field of healthcare law. These
attorneys have a strong understanding about the healthcare law. As a result,
they are in a position to provide assistance to all situations with related to
hospital compliance violations.
How can a hospital compliance attorney help with
ensuring HIPAA compliance
The Health and Human Services Department of United States
issued the privacy rule to put into practice the requirement of Health
Insurance Portability and Accountability Act of 1996. This privacy rule, which
is also known as HIPAA addresses the usage and disclosure of people’s health
information called “protected health information (PHI)”. This term refers to
any health information that is held by a covered entity which concerns
provision of health care, health status or payment that is provided for health
care, which can be linked with an individual.
The main objective of this privacy rule is to make sure that
all the people’s health information is protected suitably while giving the
authorities the opportunity to acquire required information that is needed to
promote high quality health care services. The effectiveness of this method has
proven, and it has played an important role behind the health and well-being of
public. This rule maintains an appropriate balance between the two aspects, and
it helps both people and authorities to get what they want with a hassle free
mind.
Reason behind the presence of hospital compliance laws
From the HIPAA privacy compliance, individuals have the
right to go ahead and request that a covered entity correct any PHI that is
inaccurate. This process also required covered entities to take necessary
measures to ensure privacy and confidentiality with individuals. The entities
must notify individuals when they use their PHI. This can be the reason why
covered entities maintain a track of all the PHI document disclosures. The
privacy rule of HIPAA also requires that a covered entity should develop
comprehensive HIPAA privacy policies with respect to PHI.
The procedures and policies should be designed in a
reasonable way by taking the size and activity types into consideration. They
should have the potential to protect the health information of public. All the
responsible entities are encouraged to use templates in order to get a jump
start in HIPAA security policy creation. These templates can be used by
insures, health care entities including hospitals, ambulatory surgical centers,
skilled nursing facilities, clinical laboratories, assisted living care
facilities, physicians, pharmacies, PPOs, rehabilitation facilities, employer
plans and all the other businesses and providers that are associated with
healthcare organizations.
Importance of HIPAA Training
This rule has made HIPAA privacy training as a popular topic
in American healthcare industry. The HIPAA privacy training pays attention to
HIPAA legislation implications and compliance requirements that are applicable
to any covered entity or organization. Usually, the training process covers
HIPAA administrative specification act rules and regulations. The training
process assist responsible entities to get updated with the latest regulations
and continue their health care services without any hassle. The HIPAA training
process is offered to the entities in different ways. They will also be asked
to do several certification tests, depending on the training and job role that
is required for being HIPAA compliant.
HIPAA privacy compliance is associated with three
certification tests. They are the entry level certification test, intermediate
level certification test and the professional level test which is available to
the providers who need both HIPAA security and privacy policy training. All
these tests will keep away criminal penalties and hassle from the health care
industry in United States. Therefore, all the employers of covered entities
should make necessary arrangements to ensure HIPAA compliance at all times. In
case if you need guidance with it, you can seek the assistance of a hospital
compliance attorney.
Ensuring HIPAA compliance within the hospitals
The below mentioned steps will assist these employers with
HIPAA privacy. The HIPAA privacy rule revolves around PHI, and you must provide
special attention to it. The best option available to you is to follow the
dictum of minimum disclosure where only bare minimum information is being
released to the concerned third parties for the purpose of insurance payment
and treatment only. Moreover, these disclosures cannot be provided without the
public interest, law enforcement or authorization. Even though disclosure of
PHI information gets approved by HIPAA laws, you need to make sure that
information is on safe hands at all times. Disclosure of information, even to
the family members should be provided by taking a written authorization issued
by the patient.
Safety from business associates also hold an important place
in HIPAA privacy compliance. There are covered entities which contract some of
their functions to business associates, which are not owned by the main
company. As an employer, you should ask these business partners to sign a
suitable contract that can ensure the privacy and security measures of personal
information, which are shared with them for business purposes. A lot of research,
which provide important statistics about the healthcare industry deal with
personal records of individuals. The service providers should remove identity
information from these records before releasing them for the purpose of
statistics.
The personal information includes name, address, social
security number, email addresses and contact numbers. You should also ask the
responsible research agencies to protect the information from unauthorized
access. It is better if you can provide your patients with a copy of the NOPP.
It explains how you are managing the PHI of them to ensure the protection of
their personal information. The document should have a number, which can be
used by the patient to contact you at any point of time.
Final words
Apart from these factors, HIPAA employee training also
ensure the covered entities to protect their information. The employers should
have an in house policy which goes hand in hand with HIPAA laws. The policy
must provide adequate training to all the employees on a regular basis, so that
they understand everything related to HIPAA laws and privacy compliance. The
above points will not only assist smoother working within your organization but
also aid in better compliance of the HIPAA Privacy Rules by curtailing
possibilities of any breach. In case if your hospital encounters any challenges
with this compliance or any other compliance issue, all you have to do is to
seek the assistance of a hospital compliance attorney.
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