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Complying with the Minimum Necessary Standard of the HIPAA Complying with the Minimum Necessary Standard of the HIPAA

Complying with the Minimum Necessary Standard of the HIPAA - PowerPoint Presentation

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Uploaded On 2015-11-18

Complying with the Minimum Necessary Standard of the HIPAA - PPT Presentation

Kathryn Hume Brian Donato Sr Risk Specialist CIO Intapp Inc Vorys Sater Seymour and Pease LLP HIPAA LegalSEC Webinar Series What is the minimum necessary standard How does it impact law firm operations ID: 197748

phi firm access hipaa firm phi hipaa access law compliance minimum security risk privacy matter standard disclosures core business

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Slide1

Complying with the Minimum Necessary Standard of the HIPAA Privacy Rule

Kathryn Hume Brian Donato

Sr. Risk Specialist CIO

Intapp

, Inc.

Vorys

,

Sater

, Seymour and Pease LLPSlide2

HIPAA LegalSEC

Webinar Series

What is the minimum necessary standard?How does it impact law firm operations?What are law firms doing to achieve compliance?Policies and procedures“Reasonable” access control models per firm size/cultureQ & A

AgendaSlide3

Disclaimer

The views expressed are solely those of the presenters and should not be attributed to the presenters’ corporation, firm, or clients.

This presentation is solely intended for educational purposes and in no way constitutes legal advice.Slide4

September 18, 2013HIPAA compliance: What it is, what it means, and what to do about it

September 23, 2013

Omnibus Rule Enforcement DateOctober 04, 2013HIPAA: What law firm employees need to knowHIPAA Law Firm Risk Survey

LegalSEC

HIPAA webinar seriesSlide5

HHS and HHASlide6

What is the minimum necessary standard?Slide7

Poll Question 1Slide8

Protected Health Information

Individually identifiable health information

Maintained in any form (written, oral, electronic)

Past, Present or Future health condition; provision of healthcare; payment of provision of healthcare

Includes names and addresses

Must be associated with Covered EntitySlide9

Three Key HIPAA Rules

Privacy Rule

Business Associates only comply with portionsApplies to all PHI (written, oral and electronic)

Security Rule

Business Associates liable for compliance with entirety

40 Required/Addressable Implementation Specifications for

ePHI

Breach Notification Rule

Business Associate requirements differ from Covered Entity

4-factor risk assessment versus “risk of harm” standardSlide10

§164.502(a) overviews uses and disclosures of PHI

General, Required, Permitted, Prohibited

§164.502(b) presents Minimum Necessary Standard“When using or disclosing PHI or when requesting PHI from another CE or BA, a CE or BA must make reasonable efforts to limit PHI to the minimum necessary to accomplish the use, disclosure or request.”

Minimum Necessary Standard

45 CFR §164.502 (b)Slide11

CEs and BAs must identify which workforce members need access to what kind of PHI to do job functions

CEs and BAs required to define minimum necessary amount of PHI for uses, disclosures, requests

Minimum necessary violations should be investigated and, if appropriate, reported according to the new breach notification rulesCEs may be liable for BAs minimum necessary violations

What does this mean?Slide12

Disclosures to or requests by a health care provider for treatment purposes

Disclosures to the individual who is the subject of the information

Uses or disclosures made pursuant to an individual’s authorizationUses or disclosures required for compliance with the HIPAA Administrative Simplification RulesDisclosures to HHS for enforcement purposesUses or disclosures required by other law

When does this not apply?Slide13

Court Order or Subpoena Signed by a judge

N

o further assurances or notifications to individual requiredSubpoena or Discovery Request Singed by an attorneyRequires either notice/declaration of attempt to provide notice to the individual who is subject of PHIReasonable? Right address/info about litigation/time lapse/no objections

Qualified Protective Order

Prohibits use of PHI for any purpose other than litigation

Return to CE/Destruction of PHI at end of proceeding

When does this not apply?

45 CFR 164.512(e)Slide14

“R

easonable” efforts vary by organization

Each organization must make self-assessment in keeping with business practices and workforceSmall law firm without DMS  training of employees may be sufficientMidsize/large law firm with sophisticated systems  will need to implement access controls to limit access

Why is this hard?

Reason 1: AmbiguitySlide15

Firm should designate a HIPAA Privacy OfficerPrivacy Officer responsible for identifying who requires access to PHI to carry out duties

List job duties

Identify access rights/frequency based on job roleLimit access to minimum necessaryDocument policy and verify complianceDocument any changes and updates to policy

Why is this hard?

Reason 2: Administrative BurdenSlide16

Poll Question 2Slide17

Shift in information governance approach

Lack of organizational hierarchy impedes change

Professional Responsibility thought to trump data privacy and security Firm management responsible2011: Maine Board of Bar Overseers vs. Warren2012: Mass. Bar Counsel Petitioner v. Kamee

Beth

Vergrager

, Esq.

Why is this hard?

Reason 3: Compliance cultureSlide18

What policies and procedures should law firms develop?Slide19

Poll Question 3Slide20

HIPAA requires different security model than law firms traditionally implement

Matter Security : A Fresh Approach

Classify and Tag

Identify Matters at intake

Identify Clients

Implement Policies

Encryption

Secure Email

Mark PHI

Restrict Access

Secure and Audit

Secure systems

Monitor activitySlide21

Open versus Closed DMS and change in work habits

Educating Workforce

When are medical records PHI and when not?What types of engagements likely to include PHI?Core challenges:

Cultural and EducationalSlide22

Tagging matters and documentsInventory of existing PHI (in open and closed matters)

Fluid nature of matters

PHI arises later in matter lifecycleOver-collection by client (e.g. during litigation)Non-centralized data intakeMultiple attorneys, departments, etc. can handle media with PHI

Core challenges:

OperationalSlide23

Risk-based

– start with core systems and new data

Cautious – When in doubt, treat it like PHIInception – New NBI questions about HIPAA and BAAsStandard

– Attempt to use standard BAA across clients

Training

– Special HIPAA training for lawyers using PHI

Vendors

– Subcontractor contract program

Matter Security

– Matter workspaces/Folders for PHI

Paper

– Specific controls on paper-based PHI

Audits

– Aim for firm, as manpower permits

Method at

VorysSlide24

Example Law Firm Access Control StrategiesSlide25

Poll Question 4Slide26

Compliance Approach

Initially implemented access controls manually

2014 – move to secure using Intapp Wall BuilderResistance from practice groups not used to HIPAACertain administration functions need access for business reasonsIT members, Billing, Floating Secretaries

VorysSlide27

Firm Profile

Most practices involve regular intake of PHI (

eg.) Employment, Personal Injury and Med Mal DefenseNo DMSSmall IT team and part-time General CounselCompliance Approach

House

ePHI

on file shares

Generally

Open access

– extra security implemented manually

Educate All Lawyers and Staff about HIPAA requirements

Focus on Encryption: Desktop + Enforced Transport Layer Security for certain domains

Example 1

25-lawyer single office firmSlide28

Example 2170-lawyer regional firm

Firm Profile

Key firm practices involve regular intake of PHI (Healthcare Litigation, Labor & Employment, Patient Privacy)DMS, File shares,

Sharepoint

Knowledge Management core initiative at firm

Compliance Approach

Healthcare attorney as Chief Privacy Officer

Restrict to matter team

Identify PHI at intake and generate 2 matter workspaces

PHI workspace restricted to matter team; De-identified work available for public and KM re-useSlide29

Example 3500-lawyer national firm

Firm Profile

Select practices involve regular intake of PHI (Healthcare Litigation, Labor & Employment, Personal Injury) House all PHI on DMS

Compliance core initiative at firm – centralized risk management

Compliance Approach

CIO (Security Officer) and Associate GC (Privacy Officer) Drive

Restrict to practice area + office location (with associated staff)

Controlled intake of PHI – Terms of Engagement and BAA

Activity Tracker monitors activity associated with policy to satisfy HIPAA auditing requirements and alert management of breachSlide30

Example 41000+ Lawyer Global Firm

Firm Profile

Full service law firm with multiple offices where HIPAA irrelevant

Complex IT architecture: DMS, Custom Portal, Records, etc.

Swiss

Verein

– Risk Culture

varies per entity

Compliance Approach

Three-tiered access control approach tied with HIPAA training

Matters containing PHI restricted from untrained HIPAA users

Workforce complete online HIPAA training course via web program

Trained Workforce automatically enter group with access rights

Restrict final access to individual matter teams Slide31

Questions and Answers