HIPAA Nightmare on Elm Street
Before I share this HIPAA Nightmare with you let me make a couple statements that Kathleen and I have been preaching for almost 10 years now:
- HIPAA compliance for mental health counselors is a Federal level requirement (with Federal level fines) and is NOT optional.
The reason why your State Licensing Board doesn't require it is because it's a FEDERAL level requirement. Like the TX licensing boards rulebooks, your state's rulebook probably states something to the effect that you need to be compliant with all Federal level code as well as your State's requirements.
2. "HIPAA Compliant" doesn't mean YOU are covered.
When an online service platform you may use (think EHR, virtual service, email provider, etc) tells you that they are "HIPAA Compliant" what they're telling you is that their legal department has determined that their backsides are covered in the event the guys with the badges from the OCR office show up in their lobby. It does NOT mean that you and your practice are covered despite what your friends in that Facebook group have told you.
HIPAA Quiz o' The Day
Question: If the officers from OCR showed up in your practice lobby and asked YOU to see your business's HIPAA compliance paper-work, what will you show them?
If right now you're wondering, "what is he talking about?" then the answer is, you don't have a HIPAA Compliance program in place, and you have nothing to show them. That means it's just a matter of time and some bad luck before you get to meet them.
You Could Be HIPAA Nightmare Number 21
Our HIPAA Compliance partner is ABYDE. AMHP has partnered with them to provide compliance services to our membership and they are the program Kathleen utilizes in her practice. Their program is 100% online, is very simple, offers real-time live support as needed and is extremely affordable.
In one of their recent blog-posts they discuss a certain healthcare facility which posted the PHI information, in the form of case studies, of over 150 of their patients. They got to meet a team of OCR employees and their Get-Out-of-Jail-Free card cost them a hefty 6-figures and a two-year timeout with no snacks!
This is the 20th OCR settlement of this type (HIPAA violation) this year. You don't want to be #21, and yes, it could happen to you even as a single practitioner. That person you may tick off by mishandling their personal info doesn't care whether you're a solo practitioner, a group practice, or a large institution. They're mad and they're going to file a report. And while it's true that OCR and their ilk would rather chase larger potential paydays, they'll be quite happy to take your $40,000 minimum fine from you, especially if the case is a slam-dunk.
But I've Been OK So Far
I know,...you've been at this for ___ years and nothing's happened so you think your luck will hold out. Do you really wanna bet your retirement account on continued luck in the environment we live in today?? Don't be the low-hanging fruit.
Compliant practices are far, far less likely to screw up and get cross-wise with HIPAA/OCR because the compliance program taught them what to look for. The odds are very low that a compliant practice will ever get to meet an OCR employee.
Be "that guy". Get compliant.
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