Since 1996, the federal government has been protecting patient information through the Health Insurance Portability and Accountability Act, better known as HIPAA. Those regulations were updated in Spring 2024, and all businesses with at least 50 employees are required to update their policies by Dec. 23, 2024.
Implementing an initial policy can be daunting and keeping up with the changes to the regulations can be even harder, especially for those employers who do not have large legal teams to keep them in compliance.
Here’s what you need to know to avoid federal fines if your HIPAA policy should be audited.
- Reproductive health: HIPAA now protects patient information with regard to reproductive health. Under the rule, such information cannot be disclosed or used in out-of-state judicial or administrative proceedings.
- Increased cybersecurity: Employers must implement strict cybersecurity controls and protocols such as multi-factor authentication, advanced encryption, and regular risk assessments to protect data.
If an employer is the victim of a data breach, they must alert affected individuals and the Department of Health and Human Services. They must provide details about the breach and a list of those impacted.
Additional changes:
- Train employees how to properly handle protected patient data to ensure they do not break the rules.
- Review and update agreements with vendors who have the appropriate access to private health information.
- Update your Notice of Privacy Practices to include the new HIPAA guidelines.
Updating your HIPAA policies should be a priority, as federal agencies are randomly choosing employers to audit. Such audits are expected to occur more often six to eight months after the implementation period ends this month, as happened after the Affordable Care Act was signed into law in 2010.
Not staying in compliance with HIPAA regulations can carry swift fines and even legal action by those impacted.
The experienced team at Oswald can help you update your policies or create a policy that will help you remain in compliance with HIPAA.