Published on February 26, 2014
10 HIPAA FAQs from MSPs and VARs Carlo Tapia Marketing Coordinator, eFolder 678-888-0700 x167 firstname.lastname@example.org Mike Semel President, Chief Compliance Officer, Semel Consulting 888-997-3635 x 101 email@example.com
Agenda • Introductions • What is HIPAA? • What must MSPs and VARs do to comply? • When was the HIPAA deadline? • What is the cost of HIPAA? • 10 HIPAA FAQs from MSPs and VARs 2 © 2014 eFolder, Inc. All Right Reserved.
eFolder Expert: Mike Semel 3 © 2014 eFolder, Inc. All Right Reserved.
Semel Consulting • Founded in September, 2012 • 30-year VAR/MSP • 10 years’ experience with HIPAA, conducting assessments and remediation • Former Hospital CIO • Specialization in health care, financial, and education verticals 4 © 2014 eFolder, Inc. All Rights Reserved.
What is HIPAA? • Health Insurance Portability and Accountability Act (1996) • Reduces health care fraud and abuse • Mandates industry-wide standards for health care information • Requires the protection and confidential handling of protected health information 5 © 2014 eFolder, Inc. All Right Reserved.
The Cost of HIPAA Resolution Agreement with Adult & Pediatric Dermatology, P.C. of Massachusetts - lost flash drive $1.5M Alaska DHSS settles HIPAA security case lost hard drive HHS.gov/ocr/privacy/hipaa/enforcement/examples/index.html 6 © 2014 eFolder, Inc. All Right Reserved. $150K Massachusetts provider settles HIPAA case - lost laptop $1.7M
When was the HIPAA Deadline? 7 © 2014 eFolder, Inc. All Rights Reserved.
What must MSPs and VARs do to comply? Comply with HIPAA’s Administrative, Technical, and Physical Safeguards 8 © 2014 eFolder, Inc. All Right Reserved.
Question 1 What information is protected by HIPAA? • Any combination of a patient’s name (or other identifier) with information about their medical diagnoses or treatment • Can be written, verbal or electronic • On any device or in the Cloud 9 © 2014 eFolder, Inc. All Right Reserved.
Question 2 Why do we have to comply with HIPAA as a Business Associate? • Your health care clients and business that support health care clients give you access to electronic Protected Health Information (ePHI), or the systems that store it 10 © 2014 eFolder, Inc. All Right Reserved.
Question 3 If a client refuses to sign a Business Associate Agreement with us can we still do business with them? • Yes; you do not have a risk if your client refuses to comply with HIPAA • You have to comply with HIPAA with or without a signed contract 11 © 2014 eFolder, Inc. All Right Reserved.
Question 4 Do we have a responsibility to report if our client is doing something intentionally or deliberately out of compliance? • No; HIPAA does not require you to report your client for non-compliance • HIPAA does require your client to ensure that you are compliant, is supposed to give you a chance to remediate compliance issues, and cancel their contract and report you if you don’t comply 12 © 2014 eFolder, Inc. All Right Reserved.
Question 5 Do we have to sign Business Associate Agreements with our vendors? • Any vendor that stores ePHI is a Business Associate and must comply with HIPAA • Cloud services, online backup providers, and data centers must sign Business Associate (BA) Agreements • You or your vendor may originate the contract 13 © 2014 eFolder, Inc. All Right Reserved.
Question 6 How can we verify our my backup and cloud vendors are really HIPAA compliant? • Any data you send to a non-compliant vendor is a HIPAA data breach • Some vendors think that signing BA Agreements is enough • Validate that the vendor is complying beyond signing agreements • If you aren’t convinced of your vendors’ level of compliance, switch vendors! 14 © 2014 eFolder, Inc. All Right Reserved.
Question 7 Do our clients really need Domain networks instead of Workgroup networks? • Yes; HIPAA requires Individual User Identification, Audit Logs, and Information System Activity Review, all of which require a Domain instead of a Workgroup • Audit Logs must be retained for 6 years 15 © 2014 eFolder, Inc. All Right Reserved.
Question 8 If a laptop computer is encrypted and then lost, is it reportable? • No; encrypting any device provides a ‘Safe Harbor’ and the loss is not reportable 16 © 2014 eFolder, Inc. All Right Reserved.
Question 9 Are cloud vendors and backup providers exempt from HIPAA because the data is encrypted and they don’t have encryption keys? • No; while encryption provides ‘Safe Harbor’ in case of a data breach, it is not an exemption for an organization that maintains encrypted data 17 © 2012 eFolder, Inc. All Right Reserved.
Question 10 What do we have to do to become HIPAA-compliant? • Learn HIPAA! • Implement HIPAA-specific policies and procedures • Do a HIPAA Risk Analysis • Train your workforce • Perform and document ongoing HIPAA-compliant services • Select HIPAA-compliant partners, like eFolder 18 © 2014 eFolder, Inc. All Right Reserved.
eFolder and HIPAA • eFolder will sign Business Associate Agreements • eFolder has completed a proper HIPAA Risk Analysis conducted by experienced professionals • eFolder has written HIPAA-specific policies and procedures • eFolder has trained its workforce to comply with HIPAA • eFolder has retained HIPAA professionals to maintain compliance over time • eFolder will provide you with a letter attesting to our HIPAA compliance to take to your clients 19 © 2014 eFolder, Inc. All Rights Reserved.
eFolder and HIPAA • eFolder Partners, contact your account manager for Business Associate Agreement (BAA) • All registrants will receive a HIPAA Compliance Playbook – Video training course to educate partners – Microsoft PowerPoint to train employees – Example HIPAA compliance checklist – Example Business Associate Agreement (BAA) – More! 20 © 2014 eFolder, Inc. All Right Reserved.
HIPAA Compliance Workshop HIPAA Rapid Compliance VARs/MSPs Virtual Workshop • 6-hours of webinar training • Customized policies and checklists & a lot more • 1-on-1 consulting • No travel costs, lost workdays, lawyer lectures • Webinars will be recorded for review or sharing with other employees 21 © 2014 eFolder, Inc. All Right Reserved.
HIPAA Compliance Workshop Registration • http://bit.ly/NCRTrC • Workshop limited to 35 participants Cost • $1,299 • $999 for eFolder partners Dates • Monday, March 10, 8 a.m.- 10 a.m. PT • Thursday, March 13 8 a.m. - 10 a.m. PT • Monday, March 17 8 a.m. - 10 a.m. PT 22 © 2014 eFolder, Inc. All Right Reserved.
Q&A www.efolder.net +1 800-352-0248 HIPAA Compliance Workshop http://bit.ly/NCRTrC
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