HIPAA enforcement is now a significant reality, and settlements for violations are being announced more regularly. Every HIPAA entity and business associate needs to be aware of and prepared for HIPAA enforcement and should take the proper steps in advance to have your compliance in order and the documentation to prove it. 

In this session, we will discuss recent enforcement of HIPAA, how it relates to other upcoming regulations regarding Data Blocking, and what may be expected in new HIPAA enforcement actions. Requirements for documented compliance activities and how to maintain such documentation will be presented, and tools developed by the U.S. Department of Health and Human Services Office for Civil Rights, such as the HIPAA Audit Protocol of 2018, will be identified for their role in establishing compliance and readiness to respond to enforcement investigations and audits.   

We will discuss the information and documentation, including sample information request forms and questions asked at prior audits and enforcement reviews, that must be prepared in advance so that you can be ready for an audit or enforcement review at any time. The session will also cover how to know if you may become the subject of an audit or enforcement action, and what you can do to help limit your exposure. We will discuss how most enforcement actions come about and what can be done to prevent incidents that lead to enforcement activity.

Learning Objectives:-

• Describe the current priorities in enforcement at HHS.
• Articulate what is necessary to show compliance in a HIPAA enforcement review.
• Indicate what the penalties are for noncompliance.
• Use the prior audit results and enforcement actions to date as tools to identify issues that should be dealt with to ensure successful compliance reviews.
• Express how the HIPAA Audit Protocol can be used to prepare for compliance and ensure the necessary documentation is in place for any audit or enforcement review.
• Predict the future of the HIPAA audit and enforcement programs and what the next steps in HIPAA compliance enforcement might be.
• Discuss the kinds of enforcement actions that have taken place involving HIPAA Business Associates, and how to prevent violations leading to enforcement action.