HIPAA Training: Enforcing Protection for PHI & ePHI-All that you Need to Know

Duration: 60 Minutes
The Health Insurance Portability and Accountability Act (HIPAA) required the Department of Health and Human Services (HHS) to develop standards for protecting the privacy of protected health information (PHI) and the security of electronic Personal Health Records (ePHI). The original regulations have been updated to reflect the requirements of the Health Information Technology for Economic and Clinical Health (HITECH) Act. The HITECH Act did many things, most notably imposing new notification requirements following a breach of unsecured ePHI.
HIPAA Compliance
Instructor: John Garner
Product ID: 501236
Patients and plan participants whose data has been breached must be notified, HHS must be notified and in certain instances large media outlets must be notified. The regulations under the HITECH Act require all covered entities to amend their business associate agreements, privacy notices, policies and procedures. The HITECH Act also extended many HIPAA requirements to business associates. The HITECH Act also increased penalties for HIPAA violations. HHS has recently released guidance on protecting ePHI on mobile devices.

Objectives of the Presentation
  • To understand which entities are subject to HIPAA
  • To understand the basics of the HIPAA privacy rule
  • To understand the basics of the HIPAA security rule
  • To understand the changes made by the HITECH Act
  • To understand the guidance by HHS regarding mobile devices
  • To be able to create an action plan for compliance
Why Should you Attend
Whether you represent a covered entity or a business associate of a covered entity, there are new rules related to HIPAA and a new emphasis on enforcement that combine to mean you should review your policies and procedures before you get hit with a large fine, or even prison. Health plans are not just the giant insurers. Health plans are also every employer-sponsored plan, with no minimum size. Business associates include any individual or company that uses or discloses protected health information on behalf of a covered entity. While the emphasis, to date, has been on complaint investigation, this is likely to change, given the enactment of tougher enforcement standards under HITECH Act (including the requirement that HHS conduct periodic audits of covered entities and business associates). The HITECH Act strengthens HHS’s enforcement authority. HITECH’s penalty structure represents a significant increase in the liability of covered entities for civil monetary penalties. Under this new rule, HHS can impose up to a $50,000 penalty per violation. Additionally the HITECH Act increases the maximum penalty for all similar violations of the same HIPAA provision in a calendar year to $1,500,000. There was a recent settlement involving two covered entities for a total of almost $5 million.

Areas Covered
  • What are covered entities?
  • What covered entities must do
  • Who are business associates?
  • Definition of Protected Health Information (PHI)
  • Prohibited Uses and Disclosures of PHI
  • The Minimum Necessary Rule
  • General Security Requirements
  • HITECH Act
  • HITECH Regulations
  • Mobile Devices
  • A Model Plan for Compliance
Who can Benefit
  • Vice President of Human Resources
  • Director of Compensation and benefits
  • Benefit Manager
  • Benefit Specialist
  • Insurance Agent
  • Insurance Broker
  • Employee Benefits Consultant
  • Group Insurance Representative
  • Any provider of health care and any employer that sponsors a health plan and any vendor that uses protected health information on behalf of health plans.
Topic Background
The Health Insurance Portability and Accountability Act (HIPAA) required the Department of Health and Human Services (HHS) to develop standards for protecting the privacy of protected health information (PHI) and the security of electronic Personal Health Records (ePHI).
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  • Presentation handouts in downloadable PDF format will be updated on your OCP Account within 24 hours of the purchase of the product
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Instructor Profile:
Mr. Garner is Chief Compliance Officer at Bolton & Company. Before joining Bolton, he was the principal of Garner Consulting in Pasadena, California. Prior to founding Garner Consulting, he was a principal in the Los Angeles office of Towers Perrin, where he worked for over ten years. Mr. Garner serves as the national legislative and government affairs advisor for the Disability Management Employer Coalition. He is a past chair of the CEBS Committee for the International Foundation of Employee Benefit Plans. He is a past member of the Governing Council of the International Society of Certified Employee Benefit Specialists and is a past president of the Los Angeles Chapter. Mr. Garner is also a past president of the Employee Benefit Planning Association of Southern California, the Los Angeles Life and Accident Claim Association and the Western Claim Conference. He is the author of the Health Insurance Answer Book and articles that have appeared in numerous publications. He has also recently released a new book entitled "Self-Funding Health Benefit Plans". Mr. Garner received his B.A. degree from Occidental College. He is a chartered life underwriter, a certified employee benefits specialist, a group benefit associate, retirement plans associate, a certified management consultant, and a certified flexible compensation instructor.
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