To begin understanding compliance, healthcare organizations would be wise to consider three key recommendations.
1. Analyze the past to avoid making the same mistake twice
It is important for hospitals and healthcare facilities to look at some of the common mistakes that are repeatedly noted in HIPAA security reviews. HIPAA states that out of all the reviews completed, there are a number of frequent compliance violations and issues that are found each year. This includes impermissible uses and disclosures of protected health information, lack of safeguards to protect health information, lack of patient access to their personal health information, lack of administrative safeguards on electronic protected health information, and use or disclosure of more than the minimum protected health information. Protecting valuable data by analyzing past mistakes is an important step in the compliance process.
2. Perform a risk assessment and gap analysis
One preventative measure in assessing an organization’s compliance with HIPAA is a risk analysis and a gap analysis. The confusion and lack of understanding around the two examinations has been common among healthcare professionals in the marketplace for some time. Not understanding the differences can be detrimental to an organization, and puts them at a significantly higher risk. According to HHS and Office for Civil Rights (OCR) guidelines, all healthcare organizations must specifically conduct a risk analysis to be considered within HIPAA compliance.
A HIPAA gap analysis can be used to measure the organizations information security standing against HIPAA, which is part of HHS audit protocol. Comparing the organization’s current practices to the HHS OCR audit protocol will identify the strengths and weakness of the security program. From there, the organization can determine whether they have reasonable and appropriate administrative, physical, and technical safeguards in place to protect patient health. Performance of the gap analysis also allows the organization to develop an audit response toolkit which includes the data and documentation that would be able to support compliance with the HIPAA regulations to regulatory agencies.
3. Develop an action plan and a response toolkit
For many healthcare organizations, the question is not if they will receive a HIPAA audit or an OCR investigation, but when. The OCR, which is responsible for completing HIPAA audits, will contact the organization. The OCR will further ask for a variety of documents and data. Once these documents and data are reviewed, the OCR will send the organization a preliminary copy of its findings. This preliminary report gives healthcare organizations the opportunity to respond to the OCR, and have its responses included in the final report.
From the final report, the OCR will determine if an organization was in compliance of HIPAA and, if not, where an organization was lacking. If an organization was not in total compliance, the OCR will provide corrective action and technical assistance the organization can use to work toward compliance.
Developing an action plan and evaluating the organization’s information security against the OCR audit protocol to develop an audit response toolkit will leave organizations with practical actions that serve their best interest, eliminate mistakes, and mitigate risk.
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