HHS finalizes HIPAA enforcement approach
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Posted March 6, 2006 |
By Arlene Furlong Washington—The Department of Health and Human Services Feb. 16 published the final rule on HIPAA administrative simplification enforcement.
HIPAA resources
The ADA offers resources to help members comply with the Health Insurance Portability and Accountability Act of 1996. They are:
- HIPAA Security Kit;
- HIPAA Security Kit e-Book;
- HIPAA Security Seminar DVD;
- HIPAA Security Seminar Video;
- HIPAA Security Update CD.
HIPAA bundles such as the HIPAA Security Kit & Seminar DVD combination offer savings. To order, visit www.adacatalog.org and search for the item number or click on the HIPAA link under Practice Management/
Reference. Phone orders may be placed by calling 1-800-947-4746. |
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The rule lays out a consistent series of guidelines for HHS to follow if complaints are filed against those who must comply with the Health Insurance Portability and Accountability Act of 1996. It also supplies detailed information about what a violation is, as well as appeal rights for covered entities. HIPAA regulations only apply to dental practices that submit or receive electronic transactions, for which HHS has established a standard, either directly or through a vendor or clearinghouse. (Electronic claims are the standard transactions most commonly used by dentists.) Three regulations are already in effect: electronic transactions and code sets, privacy and security.
Included in the enforcement rule is that HHS will "to the extent practicable" seek cooperation from covered entities in reaching compliance.
"HHS's first goal with respect to enforcement is to encourage and promote voluntary compliance with the HIPAA rules, by making various guidance and technical assistance materials available to all covered entities," said Winston A. Wilkinson, director of the HHS's Office for Civil Rights.
Only if HHS's attempts to informally resolve a covered entity's noncompliance are unsuccessful will HHS pursue imposition of civil monetary penalties for violations, according to Mr. Wilkinson, who added, "The enforcement rule sets out the procedures that would be used in such a case." HHS has not imposed civil monetary penalties on any covered entities to date.
The enforcement rule says HHS has the right to conduct compliance reviews to determine whether covered entities are meeting the requirements of the HIPAA regulations. Although compliance reviews have been complaint-driven until now, it is possible that HHS might on its own initiative endeavor to determine if a covered entity is in compliance, according to HHS. Compliance reviews are applicable to all HIPAA regulations, under the enforcement rule.
The enforcement regulations reinforce that covered entities must keep records to document their compliance with the HIPAA regulations. It also holds them liable and subject to civil fines for the actions of staff members acting within the scope of their responsibilities.
Additional resources:
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