Practices must notify the HHS secre-
tary of all security breaches through an electronic breach report form, available at
http://bit.ly/BreachNotice. If a breach affects more than 500 pa- tients, the secretary must post it publicly on the HHS website, commonly called the “Wall of Shame.” Mr. Southrey says negative media attention can cut into a practice’s profits. “Consequently, practices may experi- ence a significant reduction in income due to a drop-off in patient appoint- ments,” he said.
Cyber security can be confusing, and
TMLT can help. Mr. Southrey says some health care professionals mistakenly be- lieve that a HIPAA security risk analysis is optional for small practices or that EHR vendors automatically secure and encrypt patients’ records. “Those are all wrong assumptions with potential adverse ramifications, as state attorneys general and the federal government are becoming more emphat- ic in enforcing privacy and security com- pliance,” he said. Mr. Southrey says it is important for physicians to minimize their risk of violating privacy and security laws by reviewing their practice’s processes, policies, and procedures and compar- ing them with the requirements in the HIPAA Privacy Rule, Security Rule, and Breach Notification Rule (www.hhs .gov/ocr/privacy); the Health Infor- mation Technology for Economic and Clinical Health Act (
http://1.usa .gov/1rC3Pq7); and the Texas Medical Records Privacy Act (www.texasattor
neygeneral.gov/consumer/hipaa.shtml).
Money for the taking According to Fourth Annual Benchmark Study on Patient Privacy and Data Se- curity, a March report by independent
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Legal articles in Texas Medicine are intended to help physicians understand the law by providing legal information on selected topics. These articles are published with the understanding that TMA is not engaged in providing legal advice. When dealing with specific legal matters, readers should seek assistance from their attorneys.
www.icsystem.com/healthcare (877) 537-1108
July 2014 TEXAS MEDICINE 31
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