The healthcare industry is a fast-moving environment, with cybersecurity and patient privacy as central topics and top priorities. Recently, the Federal Government enacted new HIPAA attestation requirements that can impact healthcare providers, insurers, law firms, and business associates. This article will explain the purpose of these new regulations, who they affect, and the key steps organizations must take to remain compliant.
What is HIPAA?
HIPAA stands for the Health Insurance Portability and Accountability Act, a federal law enacted in 1996 to improve the efficiency and effectiveness of the healthcare system. It is mainly focused on establishing rules to protect the privacy and security of individuals’ health information.
What Are the New Federal HIPAA Attestation Requirements?
In December 2024, new federal requirements were adopted to include an attestation statement attached to health information requests that may consist of reproductive records. Any entity that requests sensitive patient health information must include this statement signed and dated by the requestor. This rule was promulgated in 45 CFR 160 & 164.
Who is Affected by the New Requirements?
Healthcare Providers, Law Firms, Insurers & Business Associates
Hospitals, clinics, individual healthcare providers, law firms, insurers, and business associates must follow the new attestation rules by requiring additional documentation (i.e., statement or additional attestation authorization form) in addition to current HIPAA authorization form requirements.
The Impact of Non-Compliance: What Happens if You Don’t Comply?
Custodians who house patient healthcare information can simply reject your request for information. This can cause delays in legal cases, insurance claims, and other interests, which could lead to legal consequences. Furthermore, requestors’ reputations may be damaged as organizations work to manage the new requirements. Improper request submission can disrupt custodians’ workflows.
Steps to Ensure Compliance with the New Attestation Requirements
Review New Requirements
Reviewing the new legislation requirements and establishing a plan for any business updates or enhancements to currently established best practices and workflows is essential. Identify gaps in current policies and plan to correct those inconsistencies to maintain compliance. Finally, regular security assessments should be conducted to ensure compliance with HIPAA.
Update Documentation
Once proper workflows and security assessments have been completed, integrate new documentation into workflows.
Training and Education
Be sure to highlight the importance of the new updates with staff and provide workforce training to ensure all employees understand the latest HIPAA requirements.
Create a Plan for Attestation Submission
You have several options for implementing the new requirements. You can approach this process yourself or outsource to a reputable vendor who has the people, processes, systems, and resources to address this new process. In either case, organizations must streamline the process to avoid unnecessary delays or legal issues.
Conclusion
We encourage organizations to stay informed on upcoming healthcare privacy and security trends. It is important to remain proactive in adapting to future HIPAA regulation changes. By keeping abreast of new federal requirements and how they impact healthcare organizations, law firms, insurers, and business associates, one can save considerable time, financial cost, and administrative headaches, maintain compliance, and avoid any potential legal issues. Maintaining patient privacy and security is not just about compliance; it is about protecting patient privacy, maintaining patient trust and healthcare integrity, and avoiding disruptions in business continuity.
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