regulatory compliance

Wednesday, November 10, 2010

HIPAA - Transactions and Code Sets

By Greg Garner
HIPAA stands for Health Insurance Portability and Accountability Act, the HIPAA Administrative Simplification there are four separate standards: Transactions and Code Sets, the Privacy Rule, the Security Rule and National Identifier Standards. If we take a look at the Transactions and Codes Sets you will have a small look into how the medical billing takes place on your medical care received in a hospital or outpatient setting.

Basically, the code sets were developed to identify the diagnosis, hospital inpatient procedures, and drug and equipment codes. For billing purposes there are a couple of sets of codes used for the inpatient side of the house they want what will best describe what happened while the patient was inside the hospital. There are three sets of codes that are used for billing purposes.

Once the record or the whole record is received in the Patient Administration office of the hospital, they assign certain codes to the record which is then forwarded for reimbursement from your insurance company. Once HIPAA entered into the picture, it changed the way transactions were being sent and received. Now, there is a standard format used and the reimbursement methods are much quicker in receiving payments. This is due to the compliance of HIPAA and the patient's information being validated from the medical records.

There is a different set of codes used for outpatient services and equipment. The codes allow the further breakdown of professional services and technical services. The final set of codes is the Codes of Dental Procedures and is used by the Dental Arena. The Transactions and Code Sets Rule require the medical industry as well as all business associates comply with using the three sets of codes for consistency. It meets HIPAA compliance and the standard data formats and data sets are easier to follow for historical purposes to track and trend for projects with analysis.

When the employees receive their HIPAA training they will get a variety of subjects covered. The training talks about the patient, computer security, to what information is available in the patient's medical record and securing your office. Finally, you may hear about Transactions and Code Sets.

Environmental Law and Carbon Accounting

By Silas Inman
The energy industry and the environment are two things which have been tied together since the beginning of the industrialized world. It comes as no surprise that the Department of Industry (DOI) discussed environmental law for energy awareness month. Environmental law is a complex system of treaties, statutes, conventions, common law, and regulations. The idea behind the law is to govern the impact humans have on the environment in terms of pollution and natural resources.

Two of the most discussed environmental laws at this point are carbon taxes and cap and trade. The main ambition fueling these institutions is the reduction of carbon, specifically carbon dioxide, which is a byproduct of fossil fuels such as coal, petroleum and natural gas. Carbon taxes have gained support in multiple groups over the last few years. The American Clean Energy and Security Act (ACESA) focuses on caps more than taxes. The ACESA is optimistic that these caps will create more jobs and give the United States an edge in the clean energy market.

Under cap and trade or carbon tax systems the economic incentives to lower carbon emissions can be substantial. In order to fully capitalize on a cap and trade system you would need to have a constant awareness of the amount of carbon being produced by your operations so that you can decide if you need to sell or buy carbon credits. In order to understand your carbon output you need to conduct carbon accounting which is generally a long process that is either carried out by an audit or through carbon inventories that will need to be accumulated and calculated in order to arrive at your organizations total carbon output. This can be an extremely long and expensive process.

Continuous Energy Management and Optimization (CEMO) contains powerful carbon accounting software that allows users to see the full picture of their carbon production in real-time for their facilities. The minute by minute information will show how energy efficiency or energy conservation is playing a role in your carbon reduction. The comprehensive dashboards will also factor in alternative energy sources or other carbon reducing practices. Without real-time information you are stuck waiting until an audit is completed or trying to guess your carbon reduction. You wouldn't trade stocks without watching the market and the same applies for carbon credit trading. Why use guess work when you can have the power of real-time information at your finger tips?

If you are interested in controlling your energy costs Silas Inman invites you to start monitoring and controlling your energy consumption with Forward Energy Solutions, Inc. It is extremely easy and cost effective to begin monitoring your energy consumption. Every second you wait to start controlling your energy consumption and costs could result in a catastrophic bill, many companies have even seen a return on their investment in less than a single day. Get started now.

Online Pharmacy Misbranding Issues

By D Cooley
Online pharmacy law is still in its infancy. While there have been significant legal developments in the past few years with respect to internet pharmacies selling controlled substances, including but not limited to the passing of the Ryan Haight Act, the law with respect to noncontrolled substance internet pharmacies remains undeveloped and incredibly ambiguous. The Federal Food, Drug & Cosmetic Act regulates prescriptions of noncontrolled substances and, while it was written without internet pharmacies in mind, its misbranding provisions are utilized by federal prosecutors in the investigation and prosecution of online pharmacies selling noncontrolled substances.

However, the misbranding provisions of the Federal Food, Drug & Cosmetic Act are incredibly ambiguous. The misbranding provisions only outlaw the dispensation of a noncontrolled substance prescription medication without a prescription. The question remains what constitutes a prescription under the Federal Food, Drug & Cosmetic Act. Interestingly, while the FFDCA utilizes the phrases "valid prescription" in some provisions, it does not utilize the phrase in the misbranding provisions.

Unlike the misbranding and adulteration provisions of the Federal Food, Drug & Cosmetic Act, the Ryan Haight Act, which regulates the dispensation of controlled substances without a "valid prescription," actually defines valid prescription. Specifically, among other things, a valid prescription requires a face to face, in person medical examination from the prescribing physician under the Ryan Haight Act.

In short, internet pharmacy laws are incredibly complex and ambiguous. Consequently, individuals charged with misbranding or any violation of state and federal online pharmacy law, should absolutely consult a criminal defense internet pharmacy attorney.

Apostille Services for Your Legal Documents

By Michael D Harris
The apostille certificate verifies that the document to which it is attached is authentic and has been checked by the relevant authority in its country of origin. Once this legal certificate has been attached the document is legalised for use overseas and will be accepted by authorities in countries which have joined the Hague Convention. Many countries that have not joined the Convention also recognise apostilled documents.

Why is an apostille needed?

You may need an apostille certificate when an overseas company or government body has requested that you have a document legalised as proof of its authenticity.

Common examples when you may need to legalise your document include:

* Qualification documents when applying to work abroad
* Registering a birth in another country
* Birth certificates and certificates of no impediment for marriage abroad
* Education documents for international students returning to their home country
* Contracts, affidavits and powers of attorney for UK residents wishing purchase property abroad or enter into legal agreements
* Company documents when trading internationally Opening a personal or business bank account overseas
* This list is just an example of when the apostille may be required and is not a definitive list.

How to get an apostille stamp?

The apostille is usually issued by a government body. In the UK the apostille certificate is a paper attachment which is fixed permanently to your documents by the Foreign and Commonwealth Office. The documents will then be accepted as authentic in any of the Hague Convention countries. There are many service providers that can assist you with your legalisation. This makes the process a lot simpler and is the quickest option in many circumstances.

Whatever your reason for needing an apostille stamp or seal contact an apostille service provider for free advice. You may only need an apostille once so make sure your get it right.

The World of the Professional Auditor and Auditing Practices

By David D Sprake
Professional auditors generally examine various accounting records, bank statements, financial databases and other sources of financial information in an effort to ensure compliance with various banking laws. Some equate the necessity of a business audit to that of an annual health checkup for people. A company's healthy balance can actually make or break its future successes (or failures). Auditors incorporate standard accounting principles as they go about providing assurances that a company's statements are accurate and the company is in legal compliance. Every organization, generally speaking, is required to provide documentation via its financial reports to not only company shareholders, but also to various tax agencies, such as the Internal Revenue Service, the media and the company's employees.

Often, and especially over the past several years, the demand for forensic accountants has grown and many of these financial professionals are finding themselves working alongside auditors in an effort to rectify discrepancies or to uncover illegal activities such as embezzlement and/or money laundering. Recent American cases, including the Enron and the more recent Bernie Madoff scandals, have resulted in tighter restrictions and new guidelines, especially within the U.S. Incorporating "generally acceptable accounting principles", also known as GAAP, auditors and accountants will ensure a company's management team is keeping a transparent approach to all of its business dealings. Further, auditors also ensure disclosures are made when necessary and in the proper format and context. While an internal audit will not necessarily negate the audits conducted by various federal agencies, they can surely allow for a smoother experience.

Most companies are aware that many certified public accountants approach their books with skepticism, or at a minimum, no preconceived notions of what they might or might not uncover. The best business accountants and auditors will maintain that stoic, yet professional, approach in order to provide an accurate audit.

In general accounting terms, the team of auditors and/or professional accountants will provide a "grade" or conclusion on the company's financial well being:

Qualified - The auditor was not able to gain full access to complete the audit or the statement is not considered satisfactory according to general accepted accounting principles

Unqualified - The auditor is designating the audit as sound with no major problems or discrepancies in the financial statements

Disclaimer - The auditor was unable to form an acceptable opinion on the fairness of the statements
Adverse - The financial statements provided to the auditor are not in compliance with general accepted accounting practices and do not fairly represent the company

Without financial audits by professional auditors, determining the credibility of businesses, whether national or global, is not possible. Auditing practices are carefully developed in an effort to gauge credibility, legality, success or when suspicious activities threaten the business. Not only that, but in some countries, including the United States and the United Kingdom, the media plays a significant role in the form of a "public watchdog" and will report illegal activities by any company. The financial records are the one place where misstatements, mistruths or inaccuracies can be found.

Environmental Law and Carbon Accounting

What Happens After You Renew Your Company License Through the NMLS?

By Robin Gronsky
Starting November 1, 2010, all company mortgage licensees (mortgage bankers, mortgage lenders, and mortgage brokers and their branch offices) must renew the licenses that expire on December 31, 2010. For those of you who are licensed in states that transitioned onto the Nationwide Mortgage Licensing System (NMLS) in 2008 or 2009, this transaction is old hat. For those of you who are renewing for the first time, you may be wondering about what the procedure is like. I have been helping clients with their NMLS renewals since 2008 so I've been down this road before.

The renewal process for most states starts with your using the NMLS to indicate which licenses you are renewing. You attest to your company record and pay the renewal and NMLS fees. You should be aware that there are still several states that are not renewing company licenses through the NMLS (although they may be renewing loan originator licenses through the NMLS). These states are CA-DRE, Hawaii, Maine, Florida, Utah-DFI, Nevada, Minnesota, and Delaware. If you are licensed in one of those states that are not renewing through the NMLS, you should have received your renewal license application and instructions already. If you have not, you should call your state licensing agency and request the renewal materials. You want to start the renewal process as early as you can.

Once your company has renewed its licenses through the NMLS, you need to review the jurisdictional checklist for each state in which your company is licensed. Print out the Renewals Checklist for each state and complete the Checklist. Send in each Checklist together with all additional documentation that is required to each state regulatory agency.

The state may take a few weeks to process your renewal application and additional documentation. If you have not sent in the additional documentation and checklist, the reviewer will post the items still needed on the Task List associated with your company's MU1 record. You need to keep checking to see if the Task List is changed. You can also view the company's license status by clicking on the Composite tab and looking at the View license/Registration List.

If you wait until the end of December to renew your licenses, it is likely that your renewal approval will not come through until some time in January. This creates problems for mortgage brokers whose investors will not let them close without a 2011 license. Don't wait until the last minute to renew.

How to Handle Unwanted Phone Calls From Telemarketers

By Mary D Cruz
Answering unexpected phone calls everyday from telemarketers can be one of the most annoying and fighting invasions of privacy a person may experience. It is a major inconvenience that every household may experience and is very stressful to deal with. Is it not annoying when you rush out from the bathroom halfway done taking a bath, or get out from under the car covered with grease, just to pick up the phone and only to find out an unknown caller is trying to sell you something you do not even need? Every household wants to have a quiet dinner at home or enjoy long hours of uninterrupted sleep during weekends. They simply do not want to answer phone calls from someone they do not know who is trying to sell something over the phone and get their credit card or bank account details.

With the emergence of telemarketing call centers, more and more telemarketers were produced, calling every household to sell their products or services. Why? Because it is the most cost-effective marketing strategy and communication technique available.

Because of the rapid growth of telemarketing call centers, several laws were passed and amended. One of these is the national Do Not Call law or DNC law. All you need to do is have your home phone number including wireless phone number registered to the DNC list. Unsolicited calls are prohibited from calling these listed phone numbers, otherwise, a complaint can be filed against the telemarketing company that the caller is connected with. If you have not registered your number yet to the DNC list, and if you happen to answer a phone call from these people, wait until the caller has identified himself or herself and the company he or she represents. In this way, you can take note of the company's complete information. This is important when filing a complaint against the company. Then you may answer politely and ask him or her to put your number to their internal DNC list and they will never call your number again.

Unfortunately, the DNC law has not completely eliminated the number of unwanted telemarketing calls. However, there are other ways on how to handle these unwanted calls. First, it is important that you have a caller ID. In this way, you can recognize a call from an unknown caller or from a telemarketing company and you can either ignore it, or answer it and inform him or her right away that you are on the DNC list. Second, exercise the freedom of choice. If a telemarketer does manage to get you on the phone, remember that you have the freedom to choose whether or not you participate in the call. You may simply hang up on him or her rather than argue that you do not need their product or service. This can also help you from bursting out your temper or anger for being annoyed. If you happen to receive harassing calls from these telemarketers, you may inform your local phone company so that they can set up a trap on your phone line. In this way, the phone company can determine the phone number from which the harassing calls have originated. You must take note of the time and date these calls are received. The phone company does not charge you for the trap set up.

Oil Refineries Fight Against California Environmental Law

By Carl Gompf
Oil refiners are hard at work to combat and suspend a crucial California environmental law that requires companies to reduce their carbon footprint. This opposition has gotten supporters of clean technology to fight back to make sure this law stays intact and that oil refineries are held accountable to follow the regulations to reduce their amount of pollution.

Proposition 23, an initiative on the November ballot, would suspend the 2006 law that requires greenhouse gas emissions in the state to be reduced to 1990 levels by 2020. This law was the first of its kind in the United States to cut down on greenhouse emissions and force strict regulations on oil refineries to comply.

If this law is suspended, it will make it that much more difficult for any other state in the future to push through legislation to combat pollution and greenhouse gas emissions, and move forward with cleaner technologies to replace the heavy use of oil.

Oil refiners Valero Energy Corp. and Tesoro Corp., both based in San Antonio, have given about $4 million and $1.5 million so far in support of Prop. 23. Earlier this month, an oil refining subsidiary of Koch Industries Inc. contributed $1 million, according to the filings.

Refiners are among the biggest emitters of greenhouse gases in California, and would incur high costs to comply with the law, known as AB 32. It is obvious that these companies want to avoid paying any more costs, so they are trying to throw as much money at the situation as they can to attempt to convince legislators that them saving some money is more important to the nation rather than reducing the amount of pollution the release into the atmosphere.

At the same time, environmental groups and individuals, including clean-technology investors, have made a stand to oppose Proposition 23. Both the former Secretary of State, George Shultz, and California Governor Arnold Schwarzenegger are also highly vocal opponents of Prop. 23, and have expressed their support of cleaner technologies for the future.

The ballot measure, if passed, would suspend AB 32 until the state unemployment rate drops to 5.5% or lower for one year. California's unemployment rate was 12.3% in July, and economic forecasts have the rate remaining above 8% for the next five years, according to the nonpartisan state Legislative Analyst's Office.

Deciding what measures to take that will determine the well-being of our planet based solely on unemployment numbers is not something that the majority of people agree with. In a July Field Poll, 36% of likely voters in California said they would vote in favor of the measure, while 48% said they would oppose Prop. 23.

While opponents of Proposition 23 may not be able to outspend oil refining companies for support, the general consensus of California residents remains that they are ready to move away from oil as the only source of energy and power, and recognize the future of clean technologies to greatly reduce the negative impact that human consumption has placed upon the Earth.

The World of the Professional Auditor and Auditing Practices

HIPAA - Transactions and Code Sets

HIPAA and the Security Rules

By Greg Garner
If we review the Health Insurance Portability and Accountability Act (HIPAA) of 1996, the Privacy and Security Rules contained four standards which included: Transactions and Code Sets, Privacy Rule, Security Rule, and National Identifier Standards. This is a brief overview of the Security Rule.

The people wanted to know that their healthcare information was private and safe. This is what the HIPAA was enacted for and they wanted to understand how it was going to happen and who was going to monitor the process. There were several things that took place in the healthcare industry that was the same throughout. Employees would attend HIPAA training, if they used a computer then emails with personal health information would be sent by digital signature or be password protected.

By having the same processes throughout the medical industry, the hospitals and doctors' offices made it easier to monitor and report their compliance to their HIPAA Program Mangers. The next phase was to lock up private health care information on patients whether it was written, spoken, or electronically transferred would be handled the same way. Doors and drawers would be locked. Electronic files would be digitally signed or password protected. If employees left the department their access would be turned off.

All medical services had to show that they could provide privacy and availability of the private health information; they have to protect against security threats, protect against potential security threats to the private health information, and guarantee compliance by the employees. On-going updates to security rules and measures must be maintained. This can easily be handled by the annual HIPAA training.

HIPAA training now includes computer safety too. It discusses the physical constraints of information like logging off your computer and locking up your CDs. There are also reasonable safeguards that you can take towards protecting information. If a person wants to use your computer and you have never seen them before then ask them for identification and then ask them why they need your computer. It takes everyone to maintain privacy and security of patient's information and that includes you too.

Missouri Workers' Compensation Settlement Case Illustrates Importance of Settlement Language

By Russell S Whittle, Esq.
On August 18, 2010, Missouri Layers Media published an article explaining how, in a Missouri WCMSA case, the inherent uncertainty of the Workers' Compensation Review Center's procedure and unfamiliarity with the Medicare Secondary Payer Act (MSP) can combine to create costly consequences.

Workers' Compensation Medicare Set Aside Subjects Carrier to Motion to Enforce Settlement

Briefly, the parties to a workers' compensation case agreed to settle the matter for $85,000.00 for the indemnity benefits and had projected what appears to be approximately $240,000.00 as a Medicare set-aside amount. The settlement paperwork submitted to the court apparently included language that the final settlement amount was to be determined and paid upon receipt of the MSA determination from CMS with no explanation as to what would occur should the CMS determination fail to match the defense's future medical projection. Predictably, CMS determined that the parties' MSA was $189,000.00 too low to protect Medicare's interests. The carrier had resisted payment of the increased amount, according to the article, until a petition to enforce the settlement was filed.

The reported case illustrates critical points when attempting to settle a workers compensation case that involves a Medicare beneficiary or an injured worker with a "reasonable expectation" of Medicare eligibility within thirty (30) months of settlement. Without an express statement of the amount that CMS determines appropriate to protect Medicare's interests, no certainty can be had. Settlement paperwork that establishes a settlement amount contingent upon a CMS allocation leaves the parties with no choice but to accept the CMS amount. CMS submission must be done well before a settlement of future medical benefits is negotiated. A set aside allocation, no matter how reasonable, that has not been previously reviewed and approved by CMS before settlement, is subject to increase or modification based upon a number of factors. While many would argue that those factors are, at times, arbitrary and inconsistent, there is virtually no reason why the parties to the case reported above ended up in such a sad situation. The Missouri example appears to show us that, despite the well entrenched workers' compensation practice encouraging MSA submission, the litigants unprepared to deal with the CMS review process can expect problems in their cases.

Settlement Negotiation and Pre-Approved CMS Future Medical Cost Projection Can Alleviate Enforcement Woes

Several steps are recommended that may avoid the situation described in the Missouri case example. Settlement negotiation should be preceded by a realistic projection of future medical costs. CMS submission of a WCMSA can be made at any time in the litigation process. If the parties properly recognize that their case may impact Medicare's rights as a secondary payer, Medicare should be dealt with early in the settlement process rather than as an afterthought. If the parties disagree with a CMS determination, settlement language must be crafted to determine which party will be responsible for an overage (if any) and how the difference in the amounts will be handled. Additionally, submitting settlement paperwork to a judge or hearing officer for approval prior to receiving a CMS determination of an appropriate amount or before receipt of a reasonable, defensible cost projection sets the stage for serious problems. Remember also that CMS submission is not required, even in workers' compensation cases. In the Missouri debacle, the parties might well have agreed to settle based upon the projection provided. While their settlement may have been subject to later action by Medicare based upon the exhaustion of funds, the argument still could be presented that Medicare's interest were taken into account and that the parties acted in good faith.

For litigants and practitioners, ignorance or inattention to the options available when dealing with CMS and Medicare compliance will result in workers' compensation cases like the one described above. Likewise, failure to craft appropriate Workers' Compensation settlement language may seriously impact your case.

For litigants and practitioners, Gould and Lamb suggests that, as illustrated in the Missouri case, that ignorance or inattention to the options available when dealing with CMS and Medicare compliance will result in workers' compensation cases like the one described above. Likewise, failure to craft appropriate settlement language may seriously impact your case.

HIPAA and the Privacy Rule

By Greg Garner
When the Health Insurance Portability and Accountability Act (HIPAA) was enacted by congress in 1996 it brought forth four separate standards: Transactions and Code Sets, the Privacy Rule, the Security Rule and National Identifier Standards. If we look at the basic overview of the Privacy Rule we can pick it apart to see where the changes affected the healthcare industry.

Of course, the Privacy Rule changed normal daily activities in physician offices. Everyone had to receive HIPAA training and then had to ensure that all the patient health information (PHI) was protected in their office by locking up the files ensuring its protection. If there were files or computers in the room they had to be locked at the end of the day. Screen savers were used so if the computer registered inactivity it would automatically log off and the next authorized person would have to use their password to log on.

When the Privacy Rule came out, with it came six new patient rights ranging from the ability to obtain copies of their medical records, the ability for the patient to request an amendment to their health information, everyone who had access to their information, patients can request to be contacted prior to releasing information, they can request a restriction be placed on their health information and they have the right to file a complaint if they feel there have been HIPAA violations. Providing patients HIPAA education are a great way to further their understanding on the protection of their health information.

HIPAA training and practices in the healthcare industry have come a long way. It has been almost fifteen years and we continue to improve our methods in protecting the patient's information. We spend less time trying to figure out how we are going to keep the patient information private and more time on improving the processes we have in place making it harder to get the patient information. As the technology keeps improving, we will continue to be challenged with the moving parts of the equipment and firewalls needed to secure all the information appropriately.

What Is HIPAA?

By Greg Garner
Well, if you want to know what HIPAA is you have to go to the internet unless you work in the healthcare field. HIPAA stands for Health Insurance Portability and Accountability Act. It was enacted by congress in 1996. It provides the patient privacy to their health information. It also gives them privacy when it comes to any treatment plans they are receiving and if information is to be given out the patient has to provide permission. Unless it is going to another medical company or going to a billing service so a claim can be filed against the patient's health insurance.

If you work with a computer then you also have to deal with the privacy and security rules that pertain to the electronic records of the patient's information and care. One of the standards that have been applied now to the patients unique identifiers instead of using their social security number. This unique identifier can be used for four standards and they include the Transactions and Code Sets, the Privacy Rule, the Security Rule, and National Identifier Standards. Everyone employed in these areas will have had HIPAA training and follow the HIPAA guidance and policy.

There will be times when a patient's information will be shared and it will happen when it involves ancillary services like the pharmacy or laboratory, dental practices, nursing homes anything that would involve medical treatment or care. Financial institutions are starting to follow the same rules since the outbreak of identity theft. Tighter controls are being placed on a person's personal information. HIPAA training covers a multitude of subjects from a patient's personal information to unique and strong passwords for a computer and how to secure your workstation.

HIPAA protects your medical information, treatment plans for your care, your health insurance, billing information and any other facility or entity who must comply with HIPAA regulations. People go through training as a new employee, annually, and whenever new instructions or guidance comes out. This is to make sure everyone remains abreast of the best way to keep your information private and safe for you. Everyone at one point or another will need their information protected too.

Properly Managing Passwords for Health Information

By Greg Garner
As everyone knows we have been growing quickly in the arena for protecting personal healthcare information. Even though it started back in 1996 with the Health Insurance and Portability Accountability Act (HIPAA) there have been continuous changes on how this is to be done. When you work in a hospital or any type of medical facility you are always looking at process improvements and HIPAA training is an annual requirement to review. Most of the information stays the same but as we have grown in the technology field there are policies and procedures that have come out providing us guidance on how to move forward.

One of the areas we can improve on is how we can properly manage our passwords when we are protecting the personal healthcare information on patients. In a medical facility is the ultimate responsibility of the security officer for protecting the information. Everyone has to do their part to make it happen. If you help in protecting the access to your workstation then this is one less area that would be available for someone to place a computer virus. If you ensure proper disposal of computers, CDs and other materials that contain electronic personal health information than this contributes to keeping information safe.

When you take your HIPAA training passwords are subject that is discussed because you want a strong password and one that someone cannot easily figure out. Most places now have a policy on your user identification and authentication and selecting a strong password is part of this. Suggestions are never to use sports, family names, dates of birth or hobbies. As it is mentioned in HIPAA training you will never want to write your password down, post it on your wall, or place it in your desk drawer. Never let anyone use your password.

Sometimes you may see this happen for the sake of convenience. Stop and say something to them. Do not let it continue to happen because it put unnecessary risk on protected information. In 2005 the HIPAA security regulations became effective and everyone needs to ensure full compliance. Properly managing passwords to protect health information is a responsibility for everyone.

Why Is HIPAA Important to Patients?

By Greg Garner
Do you remember growing up and wondering when your mom would stop telling the whole world what was wrong with you. It felt like every time her girlfriend came over for a cup of tea, the topic of discussion was always you and what the doctors found this time. You started to feel like a specimen in a jar. The older you got the more anxious it made you. By the time you were sixteen years old you felt like the neighbor knew more about you than you did and she could actually take you to the doctors and give them the history on your health problems. In 1996, when congress enacted the Health Insurance and Portability Accountability Act (HIPAA) it all came to a screeching halt. Your personal health information became private and for once you actually liked it.

You knew you were no longer going to be dinner conversation at the neighbor's house. If you were, you could actually tell them to stop talking about you. There were many, many people who felt the same way and that were relieved because they had health situations that if their companies had found out about it, they could lose their jobs. It would not have been to unsatisfactory work but diagnosis at the time of disease that people knew little to nothing about. HIPAA training became mandated at all the hospitals and healthcare facilities. Patients were being told upfront that their health information was private and would only be released to another medical company or billing office.

Information for patients became so limited it was hard to find out if a patient was being discharged from the hospital unless you spoke directly to the patient. As you sit through HIPAA training and review the various subjects, Mental Health is one of the areas that the information is even tighter. The patient themselves cannot have their own record to review what the Psychiatrist has written for a diagnosis or treatment plan. As people sit through HIPAA training or sit for an exam it will be surprising to see what you learn that you can and cannot talk about anymore. It truly does mean that a person's health care information is private.

Physical Security of Patients' Sensitive Information

By Greg Garner
As the computer field grew enormously in 2005 the HIPAA security regulations became effective and everyone needed to ensure full compliance. Most places do this yearly with their HIPAA training program and through their departmental meetings and staff training sessions. This was many years after congress enacted the Health Insurance and Portability Accountability Act (HIPAA). The purpose of this was to provide a patient protection and privacy to their health information.

In 1986, when people were worried about their own health information being discussed and talked about at the kitchen table was a time when HTLV III was first coming out and there was not enough information for anyone to share other than it was a terrible disease and had a very bad outcome. There were medical diagnoses being made about people with cancer and they did not want their employers finding out in fear of losing their jobs. It was a time when people were demanding privacy and were finally able to get it.

This did change the way everyone in a hospital or doctors office had to handle a patient's medical record. There had to be quite a bit of training, it was new and a major change for everyone so HIPAA training was available and given constantly. For the right reasons, people are resistant to change but this was one that was not going away. There were things employees had to take into consideration that were taken for granted previously. For instance, talking openly about a patient treatment plan now had to be discussed in a conference room with the door closed. If someone called about a patient, very little information could be given about their status unless the patient had given permission for you to talk to them.

When we bring up the subject of physical security we are talking about workstation access and facility security. At a workstation you want to have your screen facing inward and away from outside eyes looking into the screen to see the information displayed. Maintaining HIPAA training and compliance are an ongoing part of training and educational practices that will be in place and part of everyone's normal training schedule. Focus on keeping the patient in mind and remember you are there for them. Remember you may be a patient one day and you will want your privacy too.

Protect Patient Information

By Greg Garner
If you were someone who was born back in the 1970s and were hitting your late teenage years you remember the initial start of HIV and AIDS. Since there was hardly anything known about the disease it put the world in a panic mode. Since then there have been many training materials produced and a lot of educational products made for everyone. People discuss the disease more openly. There is medication available and you are no longer rejected from even applying from a job. In the beginning it was a tragedy if someone found out. This also led to congress enacted the Health Insurance and Portability Accountability Act (HIPAA) in 1986. The purpose was to protect patient information and maintain a patient's privacy. This is also when HIPAA training started for everyone.

We still do this today and we do it with more intensity than we did it back in 1996. When HIPAA first started people were still trying to figure things out. In fact, they knew they had to provide HIPAA training but to what extent. The program was just starting and it would progress over the years to be something substantial for every healthcare facility and healthcare provider and worker. The main focus is to keep patients confidential and from the public. Sounds easy right? Now, take into consideration an innocent conversation that is addressing patient care being provided to an individual and the treatment that the patient is receiving.

Would you be able to discuss it openly without giving away any clues as to who you were talking about if anyone walked by the nurses' station? It can become difficult. What about in an elevator? When you take HIPAA training these are examples that are used during the classes to show you how easy it is to provide information without being aware of it. You may be in an elevator and catch up with one of the members of the team treating the patient. You know that certain medications are making them sick and you want to tell the provider this information. Do you think you could talk about an issue with the team member without giving away too much information to others in the elevator?

How Does Being FSA Regulated Impact Your Business

By Thomas Lindeyer
Every business conducting financial services business is subject to the detailed regulations that are created by national and international regulators. The history of financial services business has a very long history of truthful and reputable companies which have always looked out for the best interests of their clients. Though, there are some companies which have abused the financial system, making use of it to obtain illegal gains and these few rotten apples have made it vital for every business to be subjected to the demands of FSA Compliance and regulation.

For many businesses, these requirements may sound like a burden on a business but in a well run company it's possible to put into place compliance systems and processes that protect both the people and the firms operating in financial services.

So for a firm looking to maintain FSA Compliance there are normally several steps they must take in order to keep their business in good standing with any regulatory agency. Firstly, it is important to identify what regulations apply to your company and which ones hold no significance to your business efforts. This'll instantly save you time and cash as you seek to simplify the FSA regulated demands.

Next you have to see how the applicable regulations impact your business efforts so that you could make sure that all your company's policies meet the demands and expectations of FSA Compliance. Finally, it is vital that your company educate your associates on the importance of these regulations and how your company is set to perform itself on the various financial transactions it completes on a daily basis.

While this might seem like a simple enough task on paper, the reality is that as a FSA regulated business you will discover that there are several regulations relevant to your company and a slide of changes that are applied on a regular basis. Unless you have a person in your company dedicated to keeping track of regulation changes and reviewing new regulations, it could be a simple procedure to fail to meet FSA Compliance.

The significance that is related to this need to remain compliant has several businesses looking for the knowledge and services of specialist companies dedicated to meeting FSA regulated requirements. This would aid the business to keep an eye on any new or developing regulations and would also aid to stay updated.

Outsourcing isn't something many businesses like to venture into, however, when your company is looking to compete in the financial industry it is vital that you keep up to date on FSA Compliance. Your very best opportunity to accomplish this goal is to utilise the professional services of a company looking to help your business in staying FSA regulated.

regulatory compliance

Blog Archive

Wednesday, November 10, 2010

HIPAA - Transactions and Code Sets

Environmental Law and Carbon Accounting

Online Pharmacy Misbranding Issues

Apostille Services for Your Legal Documents

The World of the Professional Auditor and Auditing Practices

Environmental Law and Carbon Accounting

What Happens After You Renew Your Company License Through the NMLS?

How to Handle Unwanted Phone Calls From Telemarketers

Oil Refineries Fight Against California Environmental Law

The World of the Professional Auditor and Auditing Practices

HIPAA - Transactions and Code Sets

HIPAA and the Security Rules

Missouri Workers' Compensation Settlement Case Illustrates Importance of Settlement Language

HIPAA and the Privacy Rule

What Is HIPAA?

Properly Managing Passwords for Health Information

Why Is HIPAA Important to Patients?

Physical Security of Patients' Sensitive Information

Protect Patient Information

How Does Being FSA Regulated Impact Your Business

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