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Some Organizations Unaware of Health Data Privacy, Security Rules

Many health data privacy and security problems could be avoided if health  care providers and insurers knew the regulations that applied to them, according to an analysis by HHS contractor KPMG, Modern Healthcare reports.

KPMG conducted the analysis of audits that it performed on behalf of HHS’  Office of Civil Rights (Carlson, Modern Healthcare, 4/23).

Background

As part of a 2012 pilot program, OCR called for 115 random HIPAA privacy and  security compliance audits of health care providers, payers and claims  clearinghouses.

The pilot program aimed to help OCR prepare to establish a permanent audit  program during fiscal year 2014 (iHealthBeat,  3/19).

Details of Analysis

According to the analysis, about one-third of the 980 problems identified  during the 115 HIPAA audits happened because health care organizations were  unaware of certain regulations that applied to them.

Out of the organizations that had documented problems:

  • 60% of the identified issues were related to data security;
  • 30% were related to data privacy; and
  • 10% were related to data breach notification.

The analysis also found that 47 of the 61 audited health care providers  had not completed a full and accurate risk assessment to identify potential data  problems.

Comments on Findings

OCR Senior Adviser Linda Sanches said it appeared that some organizations  wrote their data privacy and security policies only after being targeted for an  audit.

She noted that the health care entities with documented problems will not  face penalties because the audits were conducted by contractor KPMG. However,  Sanches added that OCR officials might review findings from the audits during  future investigations.

According to Sanches, the analysis’ findings suggest that many health care  providers could benefit from reviewing HITECH Act regulations that broaden HIPAA  data privacy and security safeguards (Modern Healthcare, 4/23).

Source: iHealthBeat

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