Lawyers: What You Don’t Know About HIPAA Could Hurt You
Posted on 10/07/2013 by beverlym
Do you receive, use, store, or tr...
2. Document a Risk Analysis. Again, this is required, not simply a good idea. The
firm may wish to take this on, or may lo...
Upcoming SlideShare
Loading in …5
×

Lawyers: What You Don't Know About HIPAA Could Hurt You

293 views

Published on

Learn how HIPAA rules and regulations apply to your law firm.

Published in: Business
  • U.S. Department of Justice, Q: do you ‘see’ anything wrong with one person ‘having and holding’ 3 Inspector General jobs? Catherine Leahy Scott has been appointed 1) Workers’ Compensation Fraud Inspector General, 2) Acting Welfare Inspector General 3) New York State Inspector General, to which she was recently reappointed. p.s. U.S. Department of Justice, Q1: do you ‘see’ anything wrong with one person ‘having and holding’ 3 Inspector General jobs? Q2: does she receive 3 Inspector General salaries? Q3: don’t we Taxpayers! (who are also complainanTs) deserve better = 3 individuals? Q4: couldn’t NYS governor + NYS senate find 3 [ethical + competent] individuals? Q5: don’t NYS governor + NYS senate know 3 [ethical + competent] individuals? p.p.s. 5 = a hand p.p.p.s. Trust but Verify p.p.p.p.s. https://www.governor.ny.gov/news/governor-cuomo-announces-administration-appointments-16
       Reply 
    Are you sure you want to  Yes  No
    Your message goes here
  • U.S. Department of Justice, Fact: to be a doctor or a dentist you must ‘take and pass’ many Tests Fact: to be an attorney or an architect you must ‘take and pass’ many Tests Fact: to captain a plane you must ‘take and pass’ many Tests Fact: to captain a ship you must ‘take and pass’ many Tests Q: to steer a country you don’t have to ‘take and pass’ any Tests? p.s. require all presidential + congressional candidates to ‘take and pass’ many Tests [History + Ethics + psychological + polygraph] every 4(e!) years
       Reply 
    Are you sure you want to  Yes  No
    Your message goes here
  • when Martin preached, Daddy King would say, "son! make it plain" ___________________ EEOC scandal 2016 ___________________________[yoo-hoo] [yoo-hoo] U.S. Department of Justice, Fact: 50 million more Americans are working in 2016 than in 1982 Fact: In 1982, U.S. population was 231 million Fact: in 2016, U.S. population was 322 million Fact: in 1982, Congress approved EEOC staffing for 3,700 Fact: In 2016, Congress approved EEOC staffing for 2,250 ? Fact: EEOC receives 100,000 complainTs/yr Fact: EEOC employs only 666 investigators Fact: 666 EEOC investigators can't investigate "in good faith" 100,000 discrimination complainTs/yr Q: how many EEOC investigators would it take to (not screw in a light bulb) investigate in a 'thorough and timely' manner 100,000 discrimination complainTs/yr? p.s. Trust but Verify p.p.s. https://www.eeoc.gov/eeoc/statistics/enforcement/all.cfm https://www.eeoc.gov/eeoc/statistics/enforcement/litigation.cfm https://www.eeoc.gov/eeoc/plan/budgetandstaffing.cfm  https://www.eeoc.gov/eeoc/plan/upload/2017budget.pdf page 30 Chart 2 EEOC investigators assigned ________________________ U.S. Department of Justice, Fact: the Obama years (2009-2016) kept finding the money to employ 21,444 Border Patrol agents vs Q: the Obama years (2009-2016) couldn't find the money to employ more than 666 EEOC investigators? in other words https://www.cbp.gov/sites/default/files/documents/BP%20Staffing%20FY1992-FY2015.pdf vs https://www.eeoc.gov/eeoc/plan/upload/2017budget.pdf page 30 Chart 2 EEOC investigators assigned __________________ Q: In law, FRAUD is _______________________? A: deliberate deception to secure unfair or unlawful gain, or to deprive a vicTim of a legal right. ____________ Year: FY2015 # of EEOC complaints: 89,385 No Reasonable Cause: 60,440 Reasonable Cause: 3,239 https://www.eeoc.gov/eeoc/statistics/enforcement/all.cfm https://www.eeoc.gov/eeoc/statistics/enforcement/charges.cfm https://www.eeoc.gov/eeoc/statistics/enforcement/litigation.cfm https://www.eeoc.gov/eeoc/plan/budgetandstaffing.cfm ______________________ As we all know, the goal is to meet the numbers. Cases are closed even though questions remain whether there was discrimination. If it is the end of the quarter, or the end of the fiscal year, EEOC offices dump cases. There is no other way to describe what happens - Gabrelle Martin, Council President February 2004 p.s. Trust but Verify p.p.s. http://www.council216.org/docs/newsletters/204_216Works.pdf _______________________ U.S. Department of Justice, Q: are y'all [President(s) + OMB + Congress + EEOC] pro-woman? A: nyet! Fact1: if y'all were pro-woman then y'all would investigate every woman's complainT "in good faith" = in a 'thorough and timely' manner Fact2: if y'all were pro-woman then y'all would play a modern day Robin Hood = 1) take $9.99 billion from the rich [Pentagon budget] 2) give $9.99 billion to the poor [EEOC + EPA + EBSA + OSHA budgets] 3) hire Bill (not Clinton not Cosby) Bratton to be EEOC chair 4) let him hire 999 qualified (ethical + competent) investigators 5) let G-D watch workplace discrimination become a thing (sin) of the past 
       Reply 
    Are you sure you want to  Yes  No
    Your message goes here
  • Be the first to like this

Lawyers: What You Don't Know About HIPAA Could Hurt You

  1. 1. Lawyers: What You Don’t Know About HIPAA Could Hurt You Posted on 10/07/2013 by beverlym Do you receive, use, store, or transmit personal health information (PHI) on behalf of clients? If so, you are a “business associate” under HIPAA. As a business associate, lawyers must implement privacy and security programs to protect against improper use or disclosure of client health information. They are also obliged to ensure that their subcontractors (digital print shops, cloud providers, legal nurse consultants, medical experts) follow HIPAA rules. Practice Areas Affected by HIPAA Regulations HIPAA has the potential of touching more than the obvious practice areas:      Personal Injury Insurance Defense Social Security Workers Compensation Medical Malpractice Any lawyer who reviews or obtains inforamtion concerning payment for health care is also a business associate under the act. This may affect lawyers who practice in:        Conservatorships and Guardianships Estate Planning Probate Business Law Insurance Law Bankruptcy Debt Collection For more information on how HIPAA may apply to your law firm, see Kelly T. Hagan, “Business Associate, Esq.: HIPAA’s New Normal,” in the September 2013 issue of In Brief, available on the PLF Web site > In Brief. Hagan recommends lawyers take the following steps now: 1. Identify Privacy and Security Officials. This is not only required by rule, it places responsibility with identified persons. So long as everyone is responsible, no one is.
  2. 2. 2. Document a Risk Analysis. Again, this is required, not simply a good idea. The firm may wish to take this on, or may look to compliance professionals for assistance. 3. Focus on Mobile Devices. The OCR hates PDAs. Data breaches resulting from stolen or misplaced laptops, iPhones, or Blackberries with PHI on them or accessible through them are a recurring breach scenario. 4. Compile Existing Policies and Procedures. We all have policies and procedures for keeping files safe and secure. You may be surprised at how far along you already are. You won’t know what is left to be done until you have all of your explicit materials in one place and can compare them to your legal obligations. The Multnomah Bar Association is offering a CLE on October 17 entitled HIPAA Omnibus Rule Compliance Checklist – For Law Firms and Other Entities that Fall Within the Definition of a Business Associate. This promises to be an incredibly helpful program for lawyers and legal staff. If you can’t attend, the MBA records and archives all CLEs for later access. Originally posted at http://oregonlawpracticemanagement.com/2013/10/07/lawyerswhat-you-dont-know-about-hipaa-could-hurt-you/ on October 7, 2013. All Rights Reserved.

×