In our series on the HIPAA Administrative Simplification Security Rule, this is the fourth implementation specification for the Administrative Safeguard Standard (Contingency Plan). This implementation specification is addressable. Remember, addressable does not mean “optional.” Rather, an addressable implementation specification means that a covered entity must use reasonable and appropriate measures to meet the standard. As HIPAA.com has noted in earlier postings, with enactment of the American Recovery and Reinvestment Act of 2009 (ARRA) on February 17, 2009, business associates also will be required to comply with the Security Rule standards, effective February 17, 2010. What to Do Implement procedures for periodic testing and revision of contingency plans. How to Do…
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Contingency Plan: Emergency Mode Operation Plan-What to Do and How to Do It
In our series on the HIPAA Administrative Simplification Security Rule, this is the third implementation specification for the Administrative Safeguard Standard (Contingency Plan). This implementation specification is required. As HIPAA.com has noted in earlier postings, with enactment of the American Recovery and Reinvestment Act of 2009 (ARRA) on February 17, 2009, business associates also will be required to comply with the Security Rule standards, effective February 17, 2010. What to Do Establish (and implement as needed) procedures to enable continuation of critical business processes for protection of the security of electronic protected health information while operating in the emergency mode. How to Do It Covered entities are required to develop…
Categories HIPAA LawLeave a commentContingency Plan: Disaster Recovery Plan-What to Do and How to Do It
In our series on the HIPAA Administrative Simplification Security Rule, this is the second implementation specification for the Administrative Safeguard Standard (Contingency Plan). This implementation specification is required. As HIPAA.com has noted in earlier postings, with enactment of the American Recovery and Reinvestment Act of 2009 (ARRA) on February 17, 2009, business associates also will be required to comply with the Security Rule standards, effective February 17, 2010. What to Do Establish (and implement as needed) procedures to restore any loss of data. How to Do It The content and procedures of a covered entity’s disaster recovery plan will be » Outcomes of the covered entity’s identification of vulnerabilities and…
Categories HIPAA LawLeave a commentDirect Data Entry-No Change in the 5010 Final Rule
In the August 17, 2000 Final Rule for Standards for Electronic Transactions, direct data entry was defined as “direct entry of data (for example, using dumb terminals or web browsers) that is immediately transmitted into a health plan’s computer.” [65 Federal Register 50367] An exception for direct data entry was articulated in the August 17, 2000, Final Rule: A health care provider electing to use direct data entry offered by a health plan to conduct a transaction for which a standard has been adopted under this part must use the applicable data content and data condition requirements of the standard when conducting the transaction. The health care provider is not…
Categories 5010Leave a commentContingency Plan: Data Backup-What to Do and How to Do It
In our series on the HIPAA Administrative Simplification Security Rule, this is the first implementation specification for the Administrative Safeguard Standard (Contingency Plan). This implementation specification is required. As HIPAA.com has noted in earlier postings, with enactment of the American Recovery and Reinvestment Act of 2009 (ARRA) on February 17, 2009, business associates also will be required to comply with the Security Rule standards, effective February 17, 2010. What to Do Establish and implement procedures to create and maintain retrievable exact copies of electronic protected health information. How to Do It Covered entities must backup electronic protected health information on a regular basis. When a computer system fails, it may…
Categories SecurityLeave a commentContingency Plan: Sample Policy and Procedures
This is the seventh Administrative Safeguard Standard of the HIPAA Administrative Simplification Security Rule. It has five implementation specifications: Data backup plan; Disaster recovery plan; Emergency mode operation plan; Testing and revision procedures; and Applications and data criticality analysis. The first three are required; the last two are addressable. Addressable does not mean optional. Rather, an addressable implementation specification means that a covered entity must use reasonable and appropriate measures to meet the standard. Further, as HIPAA.com has noted earlier, business associates also will be required to comply with the Security Rule standards, effective February 17, 2010. HIPAA.com will outline What to do and How to do it for each…
Categories SecurityLeave a commentContingency Plan-What This HIPAA Security Rule Administrative Safeguard Standard Means
This is the seventh Administrative Safeguard Standard of the HIPAA Administrative Simplification Security Rule. It has five implementation specifications: Data backup plan; Disaster recovery plan; Emergency mode operation plan; Testing and revision procedures; and Applications and data criticality analysis. The first three are required; the last two are addressable. Addressable does not mean optional. Rather, an addressable implementation specification means that a covered entity must use reasonable and appropriate measures to meet the standard. Further, as HIPAA.com has noted earlier, business associates also will be required to comply with the Security Rule standards, effective February 17, 2010. If a fire swept through a covered entity’s facility, the covered entity would…
Categories SecurityLeave a commentBusiness Associate To-Do List
What are Business Associates Required to Do to Meet HIPAA Requirements? With passage of the American Recovery and Reinvestment Act (ARRA), privacy and security compliance increased significantly with business associates immediately required to comply directly with many of HIPAA’s rules. It also dramatically expanded other remedial actions (such as increasing federal government audits; granting attorneys fees in some HIPAA lawsuits; and allowing a method for individuals to recover penalties under HIPAA). Business associates also are subject to civil and criminal penalties , including a provision that allows individuals to receive financial compensation for the violation. If you are a business associate, your “To-Do” list looks similar to the list the…
Categories American Recovery and Reinvestment ActLeave a comment5010/D.0 Effective Date Tuesday, March 17, 2009; Compliance Date January 1, 2012
The version modification to the HIPAA Administrative Simplification transaction standards becomes effective Tuesday, March 17, 2009. Here are several critical things to know, drawn directly from the final rule published in the Federal Register on January 16, 2009. The final rule is available for download on the HIPAA.com site. Effective Date: The effective date [March 17, 2009] is the date that the policies set forth in this final rule take effect, and new policies are considered to be officially adopted. [74 Federal Register 3302] Compliance Date: On January 1, 2012, all covered entities will have reached Level 2 compliance, and must be fully compliant in using Versions 5010 and D.0…
Categories 5010Leave a commentNew Director of Office of Recovery Act Coordination
Dennis Williams has been selected to be HHS’ Deputy Assistant Secretary for Recovery Act Coordination. Mr. Williams most recently served as Health Resources and Services Administration’s (HRSA) Deputy Administrator, a post he held from 2002-2009. Prior to joining HRSA, Williams served as acting Assistant Secretary in HHS’ Office of the Assistant Secretary for Management and Budget (OASMB, currently ASRT) from 2001 to 2002. From 1985-2001 he served as Deputy Assistant Secretary for Budget in OASMB. The Office of Recovery Act Coordination, which reports to the Assistant Secretary for Resources and Technology (ASRT), will ensure that the Act’s requirements and OMB’s guidance are followed, including: » Making sure that reporting due…
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