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HITECH HIPPA Changes

Fri, Jan. 29

Yes, more changes are coming, and employers should be aware of compliance and possible penalties by February 17, 2010.

What is HITECH? HITECH addresses health record privacy as it applies to the newer electronic health records, the handling of all records and penalties for improper disclosure. HITECH is a new provision of HIPPA (Health Insurance Privacy and Portability Act of 1996) and is embedded within the ARRA, the American Recovery and Reinvestment Act, which was signed into law Feb 2009. Many provisions of this law come into effect February 17, 2010.

HITECH now encompasses what is called 'Business Associates' which refers to companies and individuals not directly employed by a Provider (Doctor or Hospital) or Insurance Carrier, but work with these entities and may routinely come in contact with medical records. This is much more far reaching than HIPPA and there is now legal consequences for undue disclosure of medical records.

As this information has been somewhat unregulated, even bought and sold, it is probably to everyone's advantage to have better oversight and true penalties, like substantial fines.

As an Employer should you be concerned? If you are currently HIPPA compliant, you should not be overly concerned, but still we suggest taking some precautions.

LIMITS: HITECH now limits requested information to the bare minimum. So if records are requested by a vendor don't supply them with more than they need or request. BREACH NOTIFICATION: If records are compromised or improperly disclosed, the person (Employee) must be notified.

ARCHIVE: Lock any old medical applications safely away, or if you don't need, shred. You may be liable for improper disclosure of medical information that is six years old. So if you have any old medical applications from 2004, I would shred them!

CURTAIL GOSSIP: Employees should be reminded not to repeat medical conditions disclosed from fellow employees. Even if the source did not request privacy, it is still private, and should not be discussed.

GO PAPERLESS: If possible, have ees apply on line, eliminating you from the paper loop, but more importantly, the medical information loop. The Benefit Source Inc now has a service for employees to complete a Universal Application over the Internet which populates four carrier's applications, and goes directly to four Underwriting Departments. This way, an employer can get four firm quotes, from four carriers without going through the entire enrollment process. Employers will be able to truly shop with real numbers up front, AND be completely HIPPA and HITECH compliant.

Call or contact us about our Universal Application, or about HIPPA and HITECH.