A business case for resourcing a compliance assurance program for privacy and security should be possible solely on the basis of the need to respond to complaints made directly to a covered entity (CE) (or business associate (BA) acting as an agent of a CE). However, despite stepped-up enforcement and periodic audits required by HITECH, industry experts still anticipate that a more proactive process for compliance may not be taken until an untoward event occurs. Consequently, other avenues for substantiating the importance of privacy and security measures are necessary and readily available. Information privacy and security officials may find it necessary to go beyond information about HIPAA Privacy and Security Rule enforcement in making the business case. Monitoring the general security industry and relating those risks to healthcare privacy and security are important when doing so. Consider the following:
Q: I work in long-term care and I am familiar with the language in HIPAA regulations regarding requests for electronic copies of medical records for a reasonable fee according to community standards. However, my company does not maintain its medical records in electronic form, nor do we presently have the capability of converting our paper records into electronic format. Our state legislature addressed the issue of "reasonable charges and community standards" by state statute in 2006 by providing a formula for every medical provider to follow state-wide for copy charges regarding paper copies.
The Office for Civil Rights (OCR) announced December 8, 2014 that it fined an Alaska behavioral health service $150,000 for potential HIPAA violations. OCR entered into a resolution agreement with Anchorage Community Mental Health Services (ACMHS), a nonprofit behavioral healthcare service, per the announcement (see www.hhs.gov/ocr/privacy/hipaa/enforcement/examples/acmhs/amchs-capsettle...).
There are many misconceptions about HIPAA throughout the healthcare industry. In particular, business associates (BA) who provide cloud services to covered entities (CE) often have the misconception that they do not need to be concerned with HIPAA if they are compliant with the Payment Card Industry Data Security Standard (PCI-DSS). BAs with this school of thought should be prepared to get their checkbooks out when the Office for Civil Rights (OCR) comes calling.
