Additionally, the content was reviewed by Strategic Management Systems, Inc. Full Interactivity. Real World Scenarios. Certificate of Completion. Compliance Tracking. General, all healthcare employees, office staff, management, contractors, and consultants. Download training product sheet. They had to demonstrate they had achieved the minimum core objectives in each stage in addition to a set number of menu objectives. Business Associates now had to sign a Business Associate Agreement with the covered entity on whose behalf they were processing PHI and had the same legal requirements as the covered entity to protect PHI and detect data breaches.
Business Associates were also required to report data breaches to their covered entities. Following the enactment of the Final Omnibus Rule, business associates were also subject to HIPAA audits and civil and criminal penalties could be issued directly to business associates for the failure to comply with HIPAA Rules regardless of whether a data breach had occurred or not.
Tougher penalties were introduced for HIPAA violations and penalties were split into different tiers based on different levels of culpability.
With a much-enhanced income source, HHS was able to dedicate more resources to investigating the cause of data breaches and, in , the HHS launched the first phase of its HIPAA compliance audit program. Under the new Breach Notification Rule, covered entities are required to issue notifications to affected individuals within sixty days of the discovery of a breach of unsecured protected health information. The breach notification letters to patients must be sent via first class mail and must explain the nature of the breach, the types of protected health information that were exposed or compromised, the steps that are being taken to address the breach, and the actions affected individuals can take to reduce the potential for harm.
Breaches of or more records also need to be reported to the HHS within 60 days of the discovery of a breach, and smaller breaches within 60 days of the end of the calendar year in which the breach occurred. In addition to reporting the breach to the HHS, a notice of a breach of or more records must be provided to a prominent media outlet serving the state or jurisdiction affected by the breach. The Breach Notification Rule also requires business associates to notify their covered entities of a breach or HIPAA violation to allow the covered entity to report the incident to the HHS and arrange for individual notices to be sent.
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