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HIPAA Breach – or Not? How to Find Out & What to Do
This webinar explains the inter-connected breach notification rule requirements of covered entities and business associates when a business associate or subcontractor business associate suffers a breach. And it covers the special, more restrictive compliance requirements when a business associate or subcontractor is an agent under the federal common law of agency – including how to avoid creating an agency relationship by mistake.
Overview of the webinar
This webinar for HIPAA covered entities and business associates explains the 5 Steps of HIPAA breach notification rule compliance. They are:
1. Potential breach investigation
A. How to recognize a potential breach
B. The information you need to gather
C. 5 key questions that can confirm no breach occurred
D. the data-based decision – breach, no breach or possible “Low Probability of Compromise” indicating a breach risk assessment should be done
2. Breach risk assessment
A. How to apply the factors that can demonstrate a "Low Probability of Compromise" to PHI meaning breach notifications are not required
B. How to conduct breach risk assessment of a ransomware attack that can overcome the presumption that the ransomware attack was a breach of unsecured PHI requiring breach notification
3. Determination and Documentation - what to do next based on the results of your potential breach investigation or breach risk assessment
4. Notifications
A. The timing and content of notifications that must be made in the case of a breach of unsecured PHI
B. Notification procedures when 500 or more individuals are affected by a single breach
C. Notification procedures when 1 to 499 individuals are affected by a single Breach
5. Other breach notification rule compliance requirements
A. Mitigation
B. Protection against further breaches
C. Law enforcement delay
D. State breach notification rule requirements
Who should attend?
Health Care Providers of all types – for example:
• Large, multi-site hospitals
• Small critical access hospitals
• Health care providers in small group practices:
o Dentists
o Optometrists
o Chiropractors
o Physical therapists
o Podiatrists
o Licensed clinical social workers
• Multi-specialty medical groups
• Long term care, assisted living and skilled nursing facilities
• Federally qualified health centers
Business Associates of all types – for example:
• Medical billing and coding companies
• IT vendors
• Electronic health record providers
• EHR consultants
• Practice management firms
• CPA and law firms
Third Party Administrators – usually insurance brokers
Why should you attend?
Breaches of unsecured PHI is becoming more and more common. The question is not whether a covered entity or business associate will suffer a breach. Unfortunately, it is when will you suffer your next (or first) breach.
You should attend this session to learn exactly what to do if your organization suspects it has suffered a potential breach or has been attacked by ransomware. You will learn how to investigate, assess, determine and document whether you have suffered a breach of unsecured PHI that requires breach notifications, when and how to provide breach notification and the other things you must do when you have a breach.
There is a secret to HIPAA compliance. The secret is the HIPAA rules are easy to follow, step-by-step, when you know the steps.
In this session, you will learn and see the 5 steps of HIPAA breach notification rule compliance explained clearly in plain language.
Faculty - Mr.Paul R. Hales
Paul R. Hales, J.D. is widely recognized for his ability to explain the HIPAA Rules clearly in plain language. Paul is an attorney licensed to practice before the Supreme Court of the United States and a graduate of Columbia University Law School with an international practice in HIPAA privacy and security. He is the author of all content in The HIPAA E-Tool®, an Internet-based, complete HIPAA compliance solution with separate editions for Covered Entities, Business Associates, Health Plans and Third Party Administrators.