HIPAA and BYOD - Portable Devices and Enforcement

Why Should You Attend:

The miniaturization of electronics and communications has revolutionized the way people communicate and the information they carry around with them every day. With these new technologies come new risks for privacy, security, and compliance, and if the risks haven't been properly considered, you may be left open to audits and fines for non-compliance.

In order to integrate the use of mobile technology into patient communications, it is essential to perform the proper steps in an information security compliance process to evaluate and address the risks of using the technology. This session will:

• Describe the information security compliance process
• How it works
• How can it help you decide how to integrate mobile technology into your organization in a compliant manner

The process, including the use of information security risk analysis, will be explained, and the policies needed to support the process will be described.

Areas Covered in the Webinar:

• Find out ways in which patients prefer to use their mobile technology to communicate with providers, and the ways providers want to use their mobile technology to enable better patient care.
• Learn what are the risks of using mobile technology, what can go wrong, and what can result when it does.
• Find out about HIPAA requirements for access and patient preferences, as well as the requirements to protect PHI.
• Learn how to use an information security management process to evaluate risks and make decisions about how best to protect PHI and meet patient needs and desires.
• Find out what policies and procedures you should have in place for dealing with mobile devices and any new technology.
• Learn about the training and education that must take place to ensure your staff uses mobile devices properly and does not risk exposure of PHI.
• Find out the steps to be followed in the event of a breach of PHI.
• Learn how the HIPAA audit and enforcement activities are now being increased and what you need to do to survive a HIPAA audit.

Who Will Benefit:

• Compliance Director
• CEO
• CFO
• Privacy Officer
• Security Officer
• Information Systems Manager
• HIPAA Officer
• Chief Information Officer
• Health Information Manager
• Healthcare Counsel/Lawyer
• Office Manager
• Contracts Manager

Jim Sheldon-Dean
Principal and Director of Compliance Services, Lewis Creek Systems, LLC

Jim Sheldon-Dean is the founder and director of compliance services at Lewis Creek Systems, LLC, a Vermont-based consulting firm founded in 1982, providing information privacy and security regulatory compliance services to a variety of health care providers, businesses, universities, small and large hospitals, urban and rural mental health and social service agencies, health insurance plans, and health care business associates. He serves on the HIMSS Information Systems Security Workgroup, has co-chaired the Electronic Data Interchange Privacy and Security Workgroup, currently serves on the WEDI Breach Notification sub-workgroup, and is a recipient of the 2011 WEDI Award of Merit. He is a frequent speaker regarding HIPAA and information privacy and security compliance issues at seminars and conferences, including speaking engagements at AHIMA national and regional conventions and WEDI national conferences, and before regional HFMA chapter meetings and state hospital associations.

Mr. Sheldon-Dean has nearly 30 years of experience in policy analysis and implementation, business process analysis, information systems and software development. His experience includes leading the development of health care related websites; award-winning, best-selling commercial utility software; and mission-critical, fault-tolerant communications satellite control systems. In addition, he has eight years of experience doing hands-on medical work as a Vermont certified volunteer emergency medical technician. Mr. Sheldon-Dean received his B.S. degree, summa cum laude, from the University of Vermont and his master's degree from the Massachusetts Institute of Technology.

Topic Background:

There are new requirements to provide patients electronic access of electronically held PHI which raise new questions of how that access will be provided and how the information will be protected during and after access. And there has long been a HIPAA requirement for covered entities to do their best to meet the requests of their patients for particular modes of communication, and using a mobile device is no exception.

The stakes are high – any improper exposure of PHI may result in an official breach that must be reported to the individual and to the US Department of Health and Human Services, at great cost and with the potential to bring fines and other enforcement actions if a violation of rules is involved. Likewise, complaints by a patient if they are not afforded the access they desire can bring about HHS inquiries and enforcement actions, so it is essential to find the right balance of access and control.

HHS compliance audit activity and enforcement penalties are both increased, especially in instances of willful neglect of compliance, if, for instance, your organization hasn't adopted the complete suite of policies and procedures needed for compliance, or hasn’t adequately considered the impact of mobile devices on your compliance. Given that mobile devices are a leading source of breaches of PHI, it is essential to consider these devices and how their use affects the privacy and security of PHI; not doing so is inviting enforcement action by HHS.

Smart phones and the internet have changed the way people communicate and introduced new risks into the process. Now patients want to be able to communicate with their health care providers, and providers want to communicate with each other using these devices, and to be able to access, send, and receive health information. But communications using mobile devices has some inherent privacy and security risks that may put providers out of compliance.

Mobile devices present new challenges to health care providers, as there are simultaneously new requirements to share information with patients, and a new enforcement effort to ensure the privacy and security of Protected Health Information (PHI). Meeting both challenges requires careful consideration of all the regulations and technologies, as well as patient preferences and work flow.

Most HIPAA covered entities now face difficult choices as mobile devices such as smart phones and tablets proliferate and become the standard for personal communications both by providers and their patients. Most organizations haven’t updated their information security risk analysis or policies and procedures and run the risk of breaches, rule violations, and fines in the event of mishandling of PHI using these new technologies.

With the new HIPAA random audit program being revitalized following criticism from the HHS Office of Inspector General, and increases in enforcement actions following breaches, now is the time to ensure your organization is in compliance with the regulations and meeting the communication needs and desires of its providers and patients. You need the proper privacy protections for health information, and the necessary documented policies and procedures, as well as documentation of any actions taken pursuant to your policies and procedures. Your policies and procedures will probably need major revisions to maintain compliance in areas such as individual access of records, accounting of disclosures, and breach notification. And, of course, you will need to train your staff in all the new policies and procedures.

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