Question: Are people starting to think about auditing and monitoring for compliance with the privacy rule?
HIPAA Weekly Advisor, January 12, 2004
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Question: Are people starting to think about auditing and monitoring for compliance with the privacy rule?
Answer: If we had instituted monitors when the rule first took effect, we would have gotten some really unusual results that we wouldn't have been able to interpret effectively. But I think now, it's certainly very appropriate to institute your monitors. If you did institute monitors initially, hopefully things are leveling out now, and you're beginning to see a pattern.
There have been 1,800 privacy-related complaints in the first months since the privacy rule took effect. The Office for Civil Rights (OCR) has changed its enforcement approach from acting only when someone files a complaint to investigating allegations of improper conduct. This change puts the health care industry on notice that the agency is really serious about this.
Initially, we thought, "There aren't a lot of complaints, we don't have to worry." But now, if there is an issue, OCR specifically mentioned [that it would investigate] any sort of event that was newsworthy or anonymous tips. They will investigate before they come to you to find the legitimacy, I would believe. Those two issues have raised the consciousness that we need to incorporate monitors and auditing into our corporate compliance plans.
In addition, the OCR has sent out "corrective action letters" to some covered entities where there were serious complaints, and it has referred a few complaints to the Department of Justice for investigation.
Information management consultant Margret Amatayakul, MBA, RHIA, CHPS, FHIMSS, answered the above questions during the HCPro audioconference, Effective Auditing and Monitoring for HIPAA Compliance. To purchase a cassette of this audioconference, call our customer service department at 800/650-6787, or go to http://www.hcmarketplace.com/Prod.cfm?id=1980
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