HIPAA Survival Guide Radio

This show discusses how simple tools such as checklists are having a profound and compelling positive impact on dealing with complexity. In particular, this show explores how checklists can be used as HITECH / HIPAA compliance tools in preparation for our Check Manifesto Webinar on March 8, 2012. To register for our Webinar Click Here.

Gerry Dumatol is founder of Dumatek, a company that has been providing small to medium size businesses with HIPAA security services for over a decade. This interview will focus on the challenges faced by small providers as they struggle with HIPAA Security Rule compliance, including challenges faced by providers considering moving their practices to the cloud.

This show will discuss the kind of analysis required to decide whether breach notification is triggered under the HITECH Act for a given security incident and if so, how notication show proceed. The bottom line is that not all security incidents trigger notification but the wicked problem remains how to determine the ones that do and how to manage the process according to applicable law.

This show will explore part of the proposed HHS Omnibus Rule: "modifications to the Privacy Rule." The HHS Omnibus Rule ("OR") mostly concerns sections of the HITECH Act that went into effect on February 18, 2010. There was an NPRM that was issued on July 14, 2010 that contained the changes proposed for the final rule. HHS has not broken any "land speed records" in finalizing the OR, but all indications are that it will be forthcoming "soon" so now is an appropriate time to preview it. Next week's show will explore modifications to the Security Rule in the OR.  

This show will explore part of the proposed HHS Omnibus Rule: "modifications to the Enforcement Rule." The HHS Omnibus Rule ("OR") mostly concerns sections of the HITECH Act that went into effect on February 18, 2010. There was an NPRM that was issued on July 14, 2010 that contained the changes proposed for the final rule. HHS has not broken any "land speed records" in finalizing the OR, but all indications are that it will be forthcoming "soon" so now is an appropriate time to preview it. Next week's show will explore subsequent parts of the OR.

This show will discuss the changing role and responsibilities of business associates under the HITECH Act. Including the proposed HHS omnibus rule that is likely to make subscontractors of business associates statutorily "on the hook" for complying with the HIPAA Security Rule and the relevant sections of the HIPAA Privacy Rule, made applicable to them via a written contract.

This show will discuss the Patient's Bill of Rights ("PBR") which is included in the HIPAA Privacy Rule (i.e. Sections 164.520 through 164.528). The PBR is nothing new and has been part of HIPAA from the onset. What is new is that 80 million baby boomers are now poised to exercise their rights in a historically unprecendented manner.