HHS issued regulations requiring health care providers, health plans, and other entities covered by the Health Insurance Portability and Accountability Act (HIPAA) to notify individuals when their health information is breached. On Wednesday August 19, the Office for Civil Rights of the Department of Health and Human Services (the "OCR") posted a copy of its Interim Final Rule for Breach Notification for Unsecured Protected Health Information (the "Interim Rule"), implementing Section 13402 of the HITECH Act (the "Act"). As an Interim Final Rule, there is a sixty day comment period after publication in the Federal Register. Comments may result in further changes or clarifications. This new Alert covers the highlights of the Interim Rule and is focused on the comments and analysis of the OCR that accompanied the Interim Rule.
These “breach notification” regulations implement provisions of the Health Information Technology for Economic and Clinical Health (HITECH) Act, passed as part of American Recovery and Reinvestment Act of 2009 (ARRA).
The regulations, developed by OCR, require health care providers and other HIPAA covered entities to promptly notify affected individuals of a breach, as well as the HHS Secretary and the media in cases where a breach affects more than 500 individuals. Breaches affecting fewer than 500 individuals will be reported to the HHS Secretary on an annual basis. The regulations also require business associates of covered entities to notify the covered entity of breaches at or by the business associate.
“This new federal law ensures that covered entities and business associates are accountable to the Department and to individuals for proper safeguarding of the private information entrusted to their care. These protections will be a cornerstone of maintaining consumer trust as we move forward with meaningful use of electronic health records and electronic exchange of health information,” said Robinsue Frohboese, Acting Director and Principal Deputy Director of OCR.
The regulations were developed after considering public comment received in response to an April 2009 request for information and after close consultation with the Federal Trade Commission (FTC), which has issued companion breach notification regulations that apply to vendors of personal health records and certain others not covered by HIPAA.
To determine when information is “unsecured” and notification is required by the HHS and FTC rules, HHS is also issuing in the same document as the regulations an update to its guidance specifying encryption and destruction as the technologies and methodologies that render protected health information unusable, unreadable, or indecipherable to unauthorized individuals. Entities subject to the HHS and FTC regulations that secure health information as specified by the guidance through encryption or destruction are relieved from having to notify in the event of a breach of such information. This guidance will be updated annually.http://www.hhs.gov/ocr/privacy/hipaa/understanding/coveredentities/breachnotificationifr.html
Wednesday, August 26, 2009
Thursday, August 20, 2009
NOW WE ARE FREE!
PMSA is now offering free memberships to our online community for all levels of medical staff!
Due to economic stresses, the PMSA has changed the structure of memberships and are now offering free access to medical staff members. There are absolutely no hidden surprises and all of the following are included in the membership:
Some of our FREE MEMBERSHIP benefits for medical staff include:
· Free membership access to our exclusive online community
· Free downloadable forms
· Free downloadable and customizable e-books
· Access to in-practice vendor evaluations and ratings (see what test sites had to say about their products).
· "Product of the Month" highlights
· Submit questions to be posted to the FAQ's and read what others are asking
· Trivia Management of compelling content that allows you to interact with others
· Fun incentivizing activities, online education and testing with a points system allowing store discounts and free products for answering correctly.
· Points system that can be redeemed in our store, gift certificates, or redeem to enter a contest for free products!
· Monthly e-letter highlighting current trends in healthcare
· Access to post to or view Job Board
· Vendor interaction- a forum to ask questions without the pressure
· Forums – for exchanging ideas and discussing a wide range of technical subjects
· Form resources for creating and maintaining reference content
· Blogs – online journals for communities and individuals to publish opinions and ideas
· Resource Galleries – for sharing images and files with community members.
· More freebies coming soon!
Check out our newly updated website at www.thepmsa.org. We are continually in the process of updating our services, based on suggestions made by our audience. Keep ‘em coming, we love hearing from you and how we can better provide the tools and resources you need.
Due to economic stresses, the PMSA has changed the structure of memberships and are now offering free access to medical staff members. There are absolutely no hidden surprises and all of the following are included in the membership:
Some of our FREE MEMBERSHIP benefits for medical staff include:
· Free membership access to our exclusive online community
· Free downloadable forms
· Free downloadable and customizable e-books
· Access to in-practice vendor evaluations and ratings (see what test sites had to say about their products).
· "Product of the Month" highlights
· Submit questions to be posted to the FAQ's and read what others are asking
· Trivia Management of compelling content that allows you to interact with others
· Fun incentivizing activities, online education and testing with a points system allowing store discounts and free products for answering correctly.
· Points system that can be redeemed in our store, gift certificates, or redeem to enter a contest for free products!
· Monthly e-letter highlighting current trends in healthcare
· Access to post to or view Job Board
· Vendor interaction- a forum to ask questions without the pressure
· Forums – for exchanging ideas and discussing a wide range of technical subjects
· Form resources for creating and maintaining reference content
· Blogs – online journals for communities and individuals to publish opinions and ideas
· Resource Galleries – for sharing images and files with community members.
· More freebies coming soon!
Check out our newly updated website at www.thepmsa.org. We are continually in the process of updating our services, based on suggestions made by our audience. Keep ‘em coming, we love hearing from you and how we can better provide the tools and resources you need.
Monday, August 17, 2009
Office Gossip
Everybody does it, don’t they? The better questions should be, should everyone be gossiping? When you were young you were probably taught that talking about others is bad and yet it is still done. Occasionally articles will surface that recommend some gossiping in an office. The problem that is in general gossip can be hurtful and the affects are long lasting. The bigger problem is often that people do not realize that they are gossiping.
Think about the last time you and your co-workers were discussing a patient. What were you discussing? Was it really relevant to her care that she was wearing something that you wouldn’t be caught dead in or that she is dating someone you know? Put yourself in her shoes, how would you feel if you had overhead the conversation? Even if the conversation was medical in nature, do you have a need-to-know and was it necessary? Could this be a HIPAA breech? Are you discussing confidential patient information? Could any patient or staff member that did not need to hear the information, possibly hear what was being said?
What to do if confronted with gossip-
Find out if your practice has a policy already in place and if so follow policy.
Tell the other person that you do not wish to be a part of the discussion and walk away or change the topic.
Just because you heard something, doesn’t mean you have to spread it. Let the gossip stop and die with you. Don’t be the one spreading a rumor.
If a person continues to gossip, confront them and ask them why they are discussing something that is not their business? Remind them that this is not the place for it and it is especially a bad idea to discuss patients.
If someone gossiped about you, confront them. This gives them a chance to clarify what was said or what they meant; it might be a simple misunderstanding. If they were gossiping, most will stop when confronted.
If problems continue discuss with supervisor.
There are times when gossip is a good thing. For example, if you overhear other staff plotting something that could hurt or harm others or the practice, then you should do something and report it. If you knew that two co-workers have been discussing how they took some cash from the co-pays, you should report it. If you don’t’ then you could be held responsible for withholding information. If they know that you overheard, it is even possible that they blame you for the theft to clear themselves. Always ask yourself, what is the right thing to do and then do it. If you think it is wrong, then guess what, it probably is wrong! Be sure of your facts before reporting something and be as clear as possible. You should present the facts and try to remain as professional as possible. This is someone else’s job and their life you are affecting. Therefore it is important to be discreet, but remain honest and true to yourself and to the practice.
Ask yourself when it comes to discussing others, how would you feel if the shoe was on the other foot and it was you in their place? Do to them, what you would want them to do to you (and possibly even better).
Think about the last time you and your co-workers were discussing a patient. What were you discussing? Was it really relevant to her care that she was wearing something that you wouldn’t be caught dead in or that she is dating someone you know? Put yourself in her shoes, how would you feel if you had overhead the conversation? Even if the conversation was medical in nature, do you have a need-to-know and was it necessary? Could this be a HIPAA breech? Are you discussing confidential patient information? Could any patient or staff member that did not need to hear the information, possibly hear what was being said?
What to do if confronted with gossip-
Find out if your practice has a policy already in place and if so follow policy.
Tell the other person that you do not wish to be a part of the discussion and walk away or change the topic.
Just because you heard something, doesn’t mean you have to spread it. Let the gossip stop and die with you. Don’t be the one spreading a rumor.
If a person continues to gossip, confront them and ask them why they are discussing something that is not their business? Remind them that this is not the place for it and it is especially a bad idea to discuss patients.
If someone gossiped about you, confront them. This gives them a chance to clarify what was said or what they meant; it might be a simple misunderstanding. If they were gossiping, most will stop when confronted.
If problems continue discuss with supervisor.
There are times when gossip is a good thing. For example, if you overhear other staff plotting something that could hurt or harm others or the practice, then you should do something and report it. If you knew that two co-workers have been discussing how they took some cash from the co-pays, you should report it. If you don’t’ then you could be held responsible for withholding information. If they know that you overheard, it is even possible that they blame you for the theft to clear themselves. Always ask yourself, what is the right thing to do and then do it. If you think it is wrong, then guess what, it probably is wrong! Be sure of your facts before reporting something and be as clear as possible. You should present the facts and try to remain as professional as possible. This is someone else’s job and their life you are affecting. Therefore it is important to be discreet, but remain honest and true to yourself and to the practice.
Ask yourself when it comes to discussing others, how would you feel if the shoe was on the other foot and it was you in their place? Do to them, what you would want them to do to you (and possibly even better).
Tuesday, August 11, 2009
Stress management
The medical field can be a demanding one and medical professionals often find themselves stressed, tired, and overworked. This can increase the chance of mistakes and problems. Save and use time-off wisely. Just because you have earned a day off does not mean that you need to use it immediately. Save some up for personal emergencies, but make sure you do take some time off.
Work can either be enjoyable or the most miserable place on earth. There are many ways to have fun at work. One of the largest retailers has a daily “team huddle” that is fascinating to witness. At a local one, you could go early in the morning and watch as the manager demand that the employees jump up and down and yell that they were having a great time and that they loved their jobs. The looks on their faces, did not look like they were having a good time, in fact they might have been mentally going over their resumes at that moment. It can make you thankful that you are not having a “good time” and “team build” Team building and games are great, but only work if everyone “buys into them” and wants to be a part. There are many ways to build teams and many different ways to have fun at work.
You can have fun and still be a professional. The biggest part about bringing joy to the workplace is to let people know that you are happy that they are there. Greeting them with a smile and asking how they are, if their kid was sick yesterday, ask how the child is today. Let them know that you care. Once there is an atmosphere of caring, the fun will come. It cannot be forced, well you can make employees jump up and down, but they will not enjoy it if they are not happy to be there. Once people know that they are appreciated, they can relax and have fun. We all have the need to be liked by others-coworkers, bosses, anyone. Everyone in the practice should make it his or her own responsibility to “team build” and to make the place a fun or good place to come to everyday. You will be spending a lot of time there, do you really want to go to a place that you dread or hate?
You may love your job, but sometimes it can get to you. Often managers and staff say that they have to go into work early, do not have time for lunch and have to stay late. This may be true, but everyone needs a little time off to rejuvenate or their tank starts to run on empty. If you notice someone is overwork and you are done with your own, why not offer to help?
Look for ways to reduce your stress. What makes you stressed? Is there something you can do to reduce the stress or get rid of it? Stress can and will make you sick, in small doses some stress is healthy but overall it can hurt you. How can stress ever be healthy? Stress will make you find a new way of doing something or let you know something is wrong. It is often a warning sign to your body. If you treat it as a warning sign, than it can be healthful.
There are many ways to manage stress, discuss with your boss ways that can help you to relieve stress. Some of the best ways are making sure that you have a good diet and exercise. Exercising can work out some of the tension. When we are stressed, we tend to overeat or eat poorly. Then we stress about that and we eat more junk food. It becomes a vicious cycle. Breaking the cycle can be difficult, but will help you to feel better. Another important area is to make sure you are getting enough sleep. This can also be difficult when stressed. Maybe you should consider a warm bath or listening to music before going to bed. You might also want to consider taking up a hobby, many find working on something they enjoy relaxes them. Playing with kids or pets can also be a great way to relieve stress.
The most important thing is to recognize when you are stressed and do something about it. Use stress as an indicator that something needs to be changed and work on techniques to help relax you. A more relaxed and unstressed staff member will be more efficient and have fewer errors. Just by being relaxed, you can make your own job easier and be fun to be around!
Work can either be enjoyable or the most miserable place on earth. There are many ways to have fun at work. One of the largest retailers has a daily “team huddle” that is fascinating to witness. At a local one, you could go early in the morning and watch as the manager demand that the employees jump up and down and yell that they were having a great time and that they loved their jobs. The looks on their faces, did not look like they were having a good time, in fact they might have been mentally going over their resumes at that moment. It can make you thankful that you are not having a “good time” and “team build” Team building and games are great, but only work if everyone “buys into them” and wants to be a part. There are many ways to build teams and many different ways to have fun at work.
You can have fun and still be a professional. The biggest part about bringing joy to the workplace is to let people know that you are happy that they are there. Greeting them with a smile and asking how they are, if their kid was sick yesterday, ask how the child is today. Let them know that you care. Once there is an atmosphere of caring, the fun will come. It cannot be forced, well you can make employees jump up and down, but they will not enjoy it if they are not happy to be there. Once people know that they are appreciated, they can relax and have fun. We all have the need to be liked by others-coworkers, bosses, anyone. Everyone in the practice should make it his or her own responsibility to “team build” and to make the place a fun or good place to come to everyday. You will be spending a lot of time there, do you really want to go to a place that you dread or hate?
You may love your job, but sometimes it can get to you. Often managers and staff say that they have to go into work early, do not have time for lunch and have to stay late. This may be true, but everyone needs a little time off to rejuvenate or their tank starts to run on empty. If you notice someone is overwork and you are done with your own, why not offer to help?
Look for ways to reduce your stress. What makes you stressed? Is there something you can do to reduce the stress or get rid of it? Stress can and will make you sick, in small doses some stress is healthy but overall it can hurt you. How can stress ever be healthy? Stress will make you find a new way of doing something or let you know something is wrong. It is often a warning sign to your body. If you treat it as a warning sign, than it can be healthful.
There are many ways to manage stress, discuss with your boss ways that can help you to relieve stress. Some of the best ways are making sure that you have a good diet and exercise. Exercising can work out some of the tension. When we are stressed, we tend to overeat or eat poorly. Then we stress about that and we eat more junk food. It becomes a vicious cycle. Breaking the cycle can be difficult, but will help you to feel better. Another important area is to make sure you are getting enough sleep. This can also be difficult when stressed. Maybe you should consider a warm bath or listening to music before going to bed. You might also want to consider taking up a hobby, many find working on something they enjoy relaxes them. Playing with kids or pets can also be a great way to relieve stress.
The most important thing is to recognize when you are stressed and do something about it. Use stress as an indicator that something needs to be changed and work on techniques to help relax you. A more relaxed and unstressed staff member will be more efficient and have fewer errors. Just by being relaxed, you can make your own job easier and be fun to be around!
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