Criminal Liabilities Under HIPAA-Who Knew You Could Go to Prison?

Training Provided by Lorman Education Services nMany hospitals, physician offices and other covered entities have been surprised to learn that HIPAA rules provide for criminal penalties - up to 10 years in prison for intentional violations! Health plans, health care clearinghouses, health care providers and Medicare prescription drug card sponsors may be prosecuted criminally for HIPAA violations. n nWith ID theft on the rise, prosecutors are becoming more aggressive in enforcing HIPAA laws, particularly when intent to illegally obtain patient information is involved. In addition, failing to be aware of criminal liability under HIPAA can lull health care providers into lax compliance efforts, thus exposing health care providers and individuals to increasingly severe sanctions. More importantly, depending on the facts of a given case, directors, officers and employees may also be directly liable in accordance with general principles of corporate criminal liability, as those principles are developed in the course of particular prosecutions. n nDon't miss this important teleconference on how you can protect your organization from criminal prosecution. Catch up on the latest trends in HIPAA compliance with this timely presentation.

Criminal Liabilities Under HIPAA-Who Knew You Could Go to Prison? Agenda

1. HIPAA Overview
1. Administrative Simplification
2. Federal Rules
3. National Standards
4. Covered Entities
2. HIPAA Statutes and Rules
1. Administrative Simplification Laws Public Law 104-191, 42 United States Code 1320d, et seq
2. HIPAA Rules 45 Code of Federal Regulations, Subchapter C, Parts 160, 162 and 164
3. Pervasive Impact
4. Covered Entities
5. HIPAA Privacy Rules
3. Covered Entities
1. Virtually All Health Plans
2. Health Care Clearinghouses
3. Health Care Providers Who Transmit Any Health Information in Electronic Form in Connection With a Transaction for Which a Standards Requirement Has Been Adopted
4. Business Associates
1. Functions
2. Types of Business Associates
5. Types of Covered Entities
1. Hybrid or Component Entity
2. Affiliated Entities
3. Organized Health Care Arrangements
4. Penalties
1. $100 Minimum to $250,000 Fines Plus 10 Years in Prison for Intentional Violations
2. Other Liability and Exposures
3. Knowing Use of Information
4. Intentional Acts
5. Scope of Criminal Enforcement Under HIPAA
1. Acts That Constitute Criminal Violations
2. Who May Prosecuted for Criminal Violations
3. Knowledge or Intent Required for Violation
4. Compliance and Investigations
5. Other Considerations
6. Case Law of Criminal Enforcement
1. United States v. Gibson
2. United States v. Ramirez
3. United States v. Ferrer
4. Others
7. Reducing Exposure to HIPAA Criminal Violations
1. Policies and Procedures
2. Employee Training
3. Self-Audits
4. Other Action

About The Training Provider: Lorman Education Services

More Medical Training from Lorman Education Services

• Client Rights Issues: Informed Consent and Confidentiality
• Effective Auditing of Physicians' Notes
• HIPAA Audits
• Introduction to New ICD-10 Coding: Preparing for Implementation
• Managed Care Contracting and Fee Schedule Review
• Managing External Health Information
• Medical Privacy Rights of Minors
• Medical Records Law
• Staying Compliant with the Medicare Incident-To Rules