Anesthesiologists Should Beware Of HIPAA Audits
Since 1996's enactment of Health Information Portability and Accountability Act, the acronym HIPAA has been a household name. This act established rules for protecting and security of patients' health information. It is not unusual to hear of breaches of patient data that result in healthcare providers or suppliers being subject to six- and seven-figure civil monetary penalties, settlements, and even death. These settlements and penalties are usually the result of patient complaints about how their protected health information (PHI), was compromised. The Department of Health and Human Services' Office of Civil Rights (OCR), will now learn more about Ambulatory Anesthesia those entities that are not in compliance with the law.
Section 13411 of American Recovery and Reinvestment Act
of 2009. This law, which created the Health Information Technology for Economic
and Clinical Health Act (HITECH Act), requires that the Secretary of HHS
"provide for periodic audits in order to ensure that covered entities and
their business associates" meet the requirements of HIPAA Privacy Rule and
Security Rule. (collectively, the HIPAA rules). The OCR has contracted
KPMG, LLC (KPMG), to perform audits of covered entities under a pilot audit
program. It costs $9.2 million. To ensure
HIPPA compliance, the pilot will consist of up to 150 audits. The pilot program will end in December.
Who will
be Audited
All sizes of covered entities will be audited during this
pilot program. OCR states
that it will audit "a wide range of types and sizes" of covered
entities. OCR also says that they may audit individual and organizational
providers of healthcare, as well as health plans and other functions. Health
care clearinghouses and health care clearinghouses could all be included in the
audit. The pilot will not include business
associates, but they will be in future audits. An entity that is covered includes (i) a medical plan, (ii),
a clearinghouse for healthcare, and (iii), a healthcare provider who transmits
any health information electronically. The
OCR can audit anesthesia professionals, CRNAs and ambulatory surgery centers,
doctor offices, clinics that electronically transmit any health information, as
well as anesthesiologists and anesthesiologists.
What Can
Audited Entities Expect
OCR will start with approximately twenty (20) audits in
order to test and complete the audit protocols. However, audited entities
should expect HIPAA audits that include a request to documentation, an on site
field visit, and a report. The OCR will initially use the audit process to identify
best practices and detect compliance with HIPAA Rules. It will also discover
compliance risks and vulnerabilities.
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