HIPAA
What is HIPAA?
Health Insurance Portability and Accountability Act (HIPAA) compliance is adherence to physical, administrative, and technical safeguards for healthcare providers, health plans, clearinghouses, business associates, and subcontractors who provide or support treatment, payment, and operations in healthcare.
Many health organizations and physicians find it challenging to comply with HIPAA. A HHS study has found non-compliant organizations in 70% of its investigations. Often non-compliant companies need a single change or minor changes to comply. A small adjustment can help avoid large penalties and save the organization’s reputation.
What are the penalties?
Non-compliance penalties are steep, ranging from US$100 to US$50,000 per violation (or per record), with a maximum penalty of more than US$1.7 million per year. Willful neglect is a crime and can lead to imprisonment. Irrespective of whether the violation was due to ignorance or willful, the Organization of Civil Rights (OCR) issues fines for noncompliance.
In 2017, following a review of more than 100 healthcare institutions, the OCR found a vast majority besieged with information security risk planning, risk analysis, providing patient’s access to their personal health information (PHI), notification of privacy practices, and reporting breach notifications.
What can lead to non-compliance?
Most common challenges leading to noncompliance for HIPAA covered entities and business associates include email breaches, inadequate cybersecurity, information security risk assessments, management plans, business associate agreement maintenance, and usage of unencrypted electronic mobile devices without password protection.
What must you outsource the HIPAA compliance process?
Due to the increasing regulatory requirements, demand for new technology, and customer pressure for data security, businesses are outsourcing their HIPAA compliance and security programs to third-party healthcare privacy and security companies.
Outsourcing not only saves you from the hassles of non-compliances but also helps in minimizing productivity losses from unexpected downtimes and reduce costs. When you choose to outsource, your staff can focus on business-critical tasks, while professionals take care of the HIPAA compliance. This helps in creating a distinct competitive advantage and improves customer satisfaction.
Even large organizations don’t have HIPAA compliance and cybersecurity expertise in-house. Developing internal expertise can be difficult, time-consuming, and expensive. Finding the right talent can be challenging. Initial stages of building in-house compliances expertise could lead to a risk of programs getting neglected due to multiple responsibilities and/or lack of domain knowledge. Since compliances are technical, a strong understanding of HIPAA is mandatory for effective program implementation, monitoring, and control.
Cybersecurity breaches and cyberattacks are on the rise. As per OCR, the breaches in 2019 were 33% higher than in 2018. The COVID-19 Pandemic has led to a steep rise in telehealth and telework, leading to increased vulnerability to cyberattacks/cybercrime. The current complex ever-changing landscape has led to a surge in outsourcing compliances.
Professional outsourcing organizations have the necessary resources, staff, and skills needed for HIPAA compliance and cybersecurity. Choosing the right firm to partner with can help you stay worry-free for many coming years. Reach out to know more about our capabilities.