A crucial aspect of successfully managing a business is by staying within the boundaries of employment law. One key component of this compliance is closely following the titles and regulations of the Health Insurance Portability and Accountability Act, or HIPAA. Our partner Ben Hathaway discusses below how you can deal with and prevent legal action that may result from a HIPAA violation.
Don’t Let a Blind Spot Become a Legal Emergency
Richards Rodriguez & Skeith handles a lot of work for a variety of healthcare organizations: hospitals, physician groups, and individual physicians. Every single healthcare professional I’ve ever worked with understands the importance of making sure that a patient’s protected health information is kept safe and secure and is not disclosed accidentally to some unauthorized third person. It’s critically important from both the organization standpoint – and from the viewpoint of members of the executive team – that you do everything you can to make sure that you are fully HIPAA-compliant.
Unfortunately, in many situations, the first phone call I get from a client about a HIPAA problem is after that HIPAA problem has already occurred. There are several things that my partners and I can do at that point that can help minimize the impact of that violation:
- We can help you do a risk analysis that may eliminate the need for an expensive and embarrassing notification process.
- We can help you draft a mitigation plan that may reduce the impact of that HIPAA violation on your operation.
- Finally, if it becomes necessary, we can negotiate and defend against any compliance action that the state of Texas or the Federal Government is threatening to bring against you or your organization.
Don’t be Reactive to HIPAA Violations – Proactively Prevent Them
There are multiple strategies that you and your organization can utilize to prevent a HIPAA violation from ever occurring in the first place. First, make sure that your IT professionals run analyses and evaluations of the security risks and capabilities of the hardware system on a regular basis. This includes all your laptops, all your desktops, all your computers, and of all your software.
Second, make sure to have in place a comprehensive set of policies and procedures that details how your organization protects against, handles, and then mitigates a connection with any HIPAA violations. The lack of a company-wide plan that encompasses all staff members and clearly lays out expectations is a recipe for disaster.
Finally, train your employees when you first hire them in regard to their HIPAA obligations and responsibilities and in connection with the policies and protocols that you have in place that deal with HIPAA. Be sure to conduct regular refresher training after their initial hire so that these responsibilities remain at the forefront of their job duties.
Protecting Your People Also Protects Yourself
One of the most effective tools that we have available to you – if the state of Texas or the Federal Government comes calling – is an effective and comprehensive set of policies and procedures that have been in place and that have been implemented. Security evaluations, drafting policies and procedures, employee training, risk analysis, and mitigation plans: these are all important steps that you can and should take to minimize the chance that you will be subject to potentially devastating HIPAA violation sanctions in the future.
Richards Rodriguez & Skeith’s employment law attorneys can help you prevent HIPAA violations before they occur and, if worse comes to worse, can help mitigate and solve HIPAA issues when they arise. Contact us today to learn the many ways our firm can assist with employment law issues and advice!
