Transcript HIPPA
HIPAA The What, When, Where, How, and Why of HIPAA for Agencies in the NC DHHS Family Presented By NCDHHS HIPAA PMO Staff: Sarah Brooks Julie Burton Susan Mitchell TRAINING OBJECTIVES • Provide High Level Overview of HIPAA Regulations • Clarify Agencies Covered Under HIPAA • Explain Approach Adopted by NC DHHS to Address HIPAA • Identify Steps Agencies Can Begin Taking to Comply with HIPAA • Identify HIPAA Resources NCDHHS - HIPAA PMO 2 Addressing the Health Healthcare’s Care Tower Babel Tower of of Babel The Health Insurance Portability and Accountability Act of 1996 (HIPAA) Pieter Bruegel CURRENT INDUSTRY LIMITATIONS / CONCERNS – Over 400 different proprietary claim forms and/or file formats dictated by payers – Administrative overhead, including claims processing, accounts for > 20¢ of every health care dollar – Average “Accounts Receivable” 60 days – Increased computerization does not adequately address privacy and security concerns NCDHHS - HIPAA PMO 4 FEDERAL RESPONSE Healthcare Insurance Portability and Accountability Act (HIPAA) – Public Law 104-191, August 21, 1996 – Amends Internal Revenue Service Code of 1986 NCDHHS - HIPAA PMO 5 WHAT DOES HIPPA ACCOMPLISH? • Guarantees Health Coverage When Job Changes • Reduces Fraud and Abuse (Medicare/Medicaid) • Administrative Simplification – Establishes national standards for: • Electronic (EDI) transactions • Security and privacy of health care information • Identifiers such as provider, payer and employer Improved efficiency of processing health care information – Ultimately should lower administrative overhead • Currently estimated at $300 Billion per year nationwide • Preempts State Laws Unless More Stringent NCDHHS - HIPAA PMO 6 ADMINISTRATIVE SIMPLIFICATION REGULATIONS • Title II, Subtitle F, Administrative Simplification (FINAL RULES PUBLISHED) – Electronic Health Transactions Standards (45 CFR Parts 160 & 162) • Federal Register, Vol. 65, p. 50312-50372 (published August 17, 2000) – Privacy and Confidentiality Standards (45 CFR Parts 160 & 164) • Federal Register, Vol. 65, p. 82462 - 82829 (published December 28, 2000) NCDHHS - HIPAA PMO 7 ADMINISTRATIVE SIMPLIFICATION REGULATIONS (continued) (PROPOSED RULES - PUBLISHED) – Security and Electronic Signature Standards (45 CFR Part 142) • Federal Register, Vol. 63, p. 43242-43280 (published August 12, 1998) – Health Insurance Reform: National Standard Employer Identifier (45 CFR Part 142) • Federal Register, Vol. 63, p. 32784-32798 (published June 16, 1998) – National Standard Health Care Provider Identifier (45 CFR Part 142) • Federal Register, Vol. 63, p. 25320-25357 (published May 7, 1998) NCDHHS - HIPAA PMO 8 ADMINISTRATIVE SIMPLIFICATION REGULATIONS (continued) (PROPOSED RULES - NOT PUBLISHED) – National Health Plan Identifier (Payer ID) Scheduled draft publication: Q2/2001 – Claims Attachments Scheduled draft publication: Q3/2001 – Enforcement Scheduled draft publication: Q4/2001 – First Report of Injury Scheduled draft publication: Q4/2001 – National Individual Identifier Scheduled draft publication: On Hold NCDHHS - HIPAA PMO 9 REGULATION TIMEFRAMES Final Standards: EDI Transaction and Codes Sets Published: 8/17/2000 Final compliance: 10/16/2002 Includes transaction sets: Claims and Remittance Advice Enrollment Eligibility, Inquiry and Response Status Inquiry and Response Request Review and Response Payroll Deduction and Premium Payment Privacy Published: 12/28/2000 Final compliance: 4/16/2003 Proposed Rules: National Provider Identifier Draft published: 5/07/1998 Scheduled final rule: Q3/2001 National Employer Identifier Draft published: 6/16/1998 Scheduled final rule: Q3/2001 Security Draft published: 8/12/1998 Scheduled final rule: Q2/2001 Proposed Rules not yet published: National Health Plan Identifier Scheduled draft publication: Q2/2001 Claims Attachments Scheduled draft publication: Q3/2001 Enforcement Scheduled draft publication: Q4/2001 First Report of Injury Scheduled draft publication: Q4/2001 National Individual Identifier Scheduled draft publication: On Hold NCDHHS - HIPAA PMO 10 WHO IS AFFECTED? • Covered Entities – Health Plan (provides or pays the cost of medical care - e.g., Medicaid, HMOs, BC/BS, Medicare, Champus) – Health Care Clearinghouse (routes electronic data between payers & providers - e.g., billing services ) – Health Care Provider who transmits any health information in an electronic transaction (e.g., Hospitals, Physicians, Public Health Departments, Group Homes, Home Health) NCDHHS - HIPAA PMO 11 WHO IS AFFECTED? (continued) • Business Associates – Definition: Person who performs a function or activity on behalf of a covered entity – Excludes person who is part of the Covered Entity’s workforce (e.g., Employees, Physicians with Staff Privileges) – Contractual Agreements with Covered Entity (e.g., Area MH/DD/SAS Contract Agencies, S/W Vendors) – Complies with HIPAA • Health Care Providers Who Transmit Paper Health Claims Must Use New Code Sets NCDHHS - HIPAA PMO 12 WHY COMPLY WITH HIPAA? • Avoid Denied and/or Delayed Reimbursements – DHHS agencies process claims bringing in more than $550 million in receipts annually – Annual Medicaid disbursements totaling more than $4.6 billion • May Risk Accreditation (e.g., Joint Commission on Accreditation of Health Care Organizations) • Public Relations and Business Risk Issues • Benefit from Long Term Health Care Cost Reductions • Imposes Severe Penalties for Non-compliance NCDHHS - HIPAA PMO 13 IMPOSING COMPLIANCE • General Civil Penalty for Failure to Comply – $100/violation/person – Not to exceed $25,000 in one calendar year • Criminal Penalties (Privacy) - Person who knowingly and wrongfully discloses individually identifiable health information is subject to fines and imprisonment – Simple Offense - Up to $50,000 &/or 1 year imprisonment – If Committed under False Pretenses - Up to $100,000 &/or 5 years imprisonment – If Committed with Intent to Sell, Transfer, or Use Individual Identifiable Health Information for Commercial Advantage, Personal Gain, or Malicious Harm - Up to $250,000 &/or 10 years imprisonment NCDHHS - HIPAA PMO 14 QUESTIONS REGULATIONS OVERVIEW LEARNING THE ROPES Healthcare eBusiness Standardization Electronic Data Interchange Transaction Sets Standardized Codes Sets Standardized Identifiers (EDI/TCI) NCDHHS - HIPAA PMO 16 EDI/TCI OBJECTIVES • Definitions – Trading Partner – Transaction – Standard Setting Organization (SSO) • Transaction Sets • Code Sets • Unique Identifiers NCDHHS - HIPAA PMO 17 TRADING PARTNER In Electronic Data Interchange (EDI) this generally applies to two parties engaged in the exchange of business data through electronic means. NCDHHS - HIPAA PMO 18 TRANSACTION The exchange of data between two parties to carry out financial or administrative activities related to health care. It includes the following types of information exchanges: (1) Health Care claims or equivalent encounter information. (2) Health Care payment and remittance advice. (3) Coordination of benefits. (4) Health Care claim status. (5) Enrollment and disenrollment in a health plan. (6) Eligibility for a health plan. (7) Health plan premium payments. (8) Referral certification and authorization. (9) First report of injury. (10)Health claims attachments. (11)Other transactions that the Secretary may prescribe by regulation. NCDHHS - HIPAA PMO 19 STANDARD SETTING ORGANIZATION An organization accredited by the American National Standards Institute (ANSI) that develops and maintains standards for information transactions or data elements, or any other standard that is necessary for, or will facilitate the implementation of HIPAA •ASC X12 •NCPDP •HL7 •UN/EDIFACT (Interactive Claim) NCDHHS - HIPAA PMO 20 TRANSACTION SETS HIPAA Mandated Transaction Sets NCDHHS - HIPAA PMO 21 TRANSACTION SETS (ASCx12) 148 First Report of Injury 270/271 Health Care Eligibility Benefit Inquiry and Response 275 Additional Information to Support a Health Care Claim or Encounter 276/277 Health Care Claim Status Request and Response 278 Health Care Services Review - Request for Review and Response 820 Payroll Deducted and Other Group Premium Payment for Insurance Products 834 Benefit Enrollment and Maintenance 835 Health Care Claim Payment/Advice 837 Health Care Claim (Institutional, Professional, Dental) National Council for Prescription Drug Program (NCPDP V 5.1 & 1.0 ) Healthcare Data Element Dictionary NCDHHS - HIPAA PMO 22 X12 TRANSACTIONS FLOW Health Care Plans Health Care Providers 834 Enrollment 270 Eligibility Request Eligibility Verification 271 Eligibility Response Employers Member Services 820 Premium Payment Enrollment 278 Referral Request Precertification and Referrals Service Billing / Claim Submission 278 Referral Response 837 Claim 275 Additional Information 277 Claim Status Response Eligibility Verification Claim Receipt and Routing 276 Claim Status Request Claim Reconciliation 277 Claim Status Response Accounts Receivable 835 Claim Payment Advice Claim Status Adjudication NCDHHS - HIPAA PMO 23 HIPAA TRANSACTIONS BUSINESS PRACTICES EFFECTS • • • • • Backend Reporting Coordination of Benefits Claim Status Electronic Remittance Advice Maximum Data Set NCDHHS - HIPAA PMO 24 IMPLEMENTATION TIMELINE The Compliance Date for the Transaction Sets and Code Sets is October 16, 2002 NCDHHS - HIPAA PMO 25 PROPOSED IMPLEMENTATION TIMELINE - WEDI/SNIP Transaction Groups Beta/Pilot Testing Period Payer Readiness Date Migration Completion Group 1 837 835 Jul 1, 2001 Oct 1, 2001 Oct 16, 2002 Group 2 270/271 834 Dec 1, 2001 Mar 1, 2002 Oct 16, 2002 Group 3 276/277 Group 4 278 Group 5 820 Feb 1, 2002 Mar 1, 2002 May 1, 2002 May 1, 2002 June 1, 2002 Aug 1, 2002 Oct 16, 2002 Oct 16, 2002 Oct 16, 2002 NCDHHS - HIPAA PMO 26 HIPAA IMPLEMENTATION GUIDES X12 Transactions - Washington Publishing Inc. www.wpc-edi.org NCPDP Transactions – National Council of Prescription Drug Programs www.ncpdp.org HL7 Standards – Health Level 7 www.hl7.org NCDHHS - HIPAA PMO 27 REQUESTING CHANGES TO TRANSACTION SET STANDARDS Join the Appropriate Standards Development Organization Contact an Industry Group with Representation on a Standards Development Group Expect a 2 to 3 Year Lead Time for Request Implementation in HIPAA NCDHHS - HIPAA PMO 28 BASIC HIPAA CODE SETS FUNCTIONS • Diagnosis • Medical Procedures • Drugs NCDHHS - HIPAA PMO 29 HIPAA MANDATED CODE SETS • International Classification of Diseases, Ninth Edition, Clinical Modification (ICD-9-CM ) • Health Care Procedural Coding System (HCPCS) • Current Procedural Terminology, Fourth Edition (CPT-4) • Current Dental Terminology (CDT) • National Drug Codes (NDC) NCDHHS - HIPAA PMO 30 TWO TYPES OF HIPAA MANDATED CODE SETS • Explicit Code Sets – Defined in the rules – CDT, HCPCS, ICD-9-CM, NDC • Implicit Code Sets – Referenced in the Transaction Implementation guides such as the codes that specify a patient’s relationship to an insured subscriber NCDHHS - HIPAA PMO 31 ELIMINATION OF HOMEGROWN CODES (NC Medicaid ‘Y’ Codes) Homegrown Codes NCDHHS - HIPAA PMO 32 SAMPLE HEALTH CARE FUNCTIONS THAT USE CODE SETS • Claim Processing • Utilization Management • Disease Management • Enrollment NCDHHS - HIPAA PMO 33 REQUESTING CHANGES TO CODE SET STANDARDS •Join the Appropriate Standards Development Organization if Possible •For HCPCS Contact HCFA •Not Applicable for NDCs •For CDT Codes Contact ADA NCDHHS - HIPAA PMO 34 UNIQUE IDENTIFIERS • National Identifier for Individuals • National Health Care Identifier of Employers • National Standard for Identifiers of Health Plans • National Provider Identifier NCDHHS - HIPAA PMO 35 NATIONAL INDIVIDUAL IDENTIFIER • Currently on Hold • Proposed Rule Is Not Expected to Be Published in the Near Future • Pending Congressional Privacy Legislation NCDHHS - HIPAA PMO 36 NATIONAL EMPLOYER IDENTIFIER • Employer ID Will Be The Employer’s Tax ID • The Internal Revenue Service (IRS) Will Maintain the Assignment and Reference Facilities • Nine Digits NCDHHS - HIPAA PMO 37 NATIONAL HEALTH PLAN IDENTIFIER • Plan IDs Will Be Issued to Health Plans Plan ID Identifies Three Different Types of Entities: Payers, Group Health Plans, and Provider Networks Payers and Administrators ERISA Group Health Plan, Taft-Hartley Trust, METs, and Other Group Plans PPOs and Similar Organizations • Proposed Rule Not Yet Published NCDHHS - HIPAA PMO 38 NATIONAL PROVIDER IDENTIFIER •Identifying An Individual An individual provider ( such as a physician, dentist, nurse, or therapist) receives an NPI that never changes If the individual is a health care provider in two different capacities, it is expected that there will still be only a single NPI NCDHHS - HIPAA PMO 39 NATIONAL PROVIDER IDENTIFIER (continued) • Identifying An Organization – Organizational health care providers, such as: • • • • • • Hospitals Clinics Laboratories Physician group practices Home health care agencies Pharmacies •10 Digits with Right Most Digit Being a Check Digit (Proposed) NCDHHS - HIPAA PMO 40 HIPAA TRANSACTIONS, CODE SETS AND UNIQUE IDS • Code Sets are Used in the Transactions • Unique IDs are Used in the Transactions with Proprietary Values until They are Defined • Required Use of Standards NCDHHS - HIPAA PMO 41 QUESTIONS REGULATIONS OVERVIEW PRIVACY NCDHHS - HIPAA PMO 43 BASIC PRINCIPLES • First Comprehensive Federal Law to Protect the Privacy of Individually Identifiable Health Information – HIPAA Protections • Importance – To Patients – To Healthcare Providers/Plans/Clearinghouses • Protected Health Information (PHI) – Past, Present, Future Health Information – Electronic/Paper/Oral – Best Practice NCDHHS - HIPAA PMO 44 PROTECTED HEALTH INFORMATION (PHI) • Individually Identifiable Information – – – – – – – – Name Address Social Security Number Names of Relatives Unique Identifiers Telephone/Fax/Other Numbers Geographic Designation Smaller than State Photograph NCDHHS - HIPAA PMO 45 GENERAL PROVISIONS • HIPAA Preempts State Laws – Provides uniform “floor” for protection – More stringent current state laws will stand – More stringent future state laws allowed • Allows Consumer Control – Establish rights of patients regarding their confidential health information • Recognizes Public Responsibility – Balance of individual privacy and the public need to know NCDHHS - HIPAA PMO 46 GENERAL PROVISIONS • Healthcare Provider Responsibilities – Protect health information – Secure health information – Provide complete information to other Healthcare Providers – Provide “minimum necessary” information to other requesters – Create De-identified information when feasible – – – – Remove Code Encrypt Eliminate/conceal NCDHHS - HIPAA PMO 47 GENERAL PROVISIONS • Healthcare Provider Responsibilities (continued) – Establish an Internal Complaint Process that provides individuals with means to lodge complaints about the entity’s information practices, and maintain a record of any complaints – Develop a system of sanctions for members of the workforce and business partners who violate the entity’s policies – Enforcement and Compliance NCDHHS - HIPAA PMO 48 NOTICE • Notice of Information Practices – Brochure – Pamphlet – Posted on Wall • Notice must include anticipated uses and disclosures of protected health information without the patient’s written authorization NCDHHS - HIPAA PMO 49 PATIENT’S RIGHTS • • • • • • • • • • Right to be informed through NOTICE Right to inspect and review record Right to receive copies Right to amend/correct copies Right to add supplemental information Right to restrict Use and Disclosure of information Right to Accounting of Disclosures Right to a personal representative Right to revoke authorization Right to appeal NCDHHS - HIPAA PMO 50 ACCESS TO RECORD • Healthcare Provider Provides Access – 60 days after receiving request – Extended 30 more days without reason – Provide patient with a summary of records if agreed upon in advance – Recover cost-based fee for providing patient with a copy, explanation or summary of records NCDHHS - HIPAA PMO 51 DENIED ACCESS • Healthcare Provider Denial of Access with Opportunity for Review when in the Opinion of a Licensed Health Care Professional that: – Information would endanger life or safety of patient or others – References to others is reasonably likely to cause substantial harm to that other person – Request was made by the patient’s personal representative and access would likely cause substantial harm to that person or others. NCDHHS - HIPAA PMO 52 DENIED ACCESS • Healthcare Provider Denial of Access Without Opportunity for Review – Psychotherapy Notes – Information compiled for civil, criminal or administrative actions – Inmate request that would jeopardize health or safety of inmate or others – Research that includes treatment – Information obtained from an anonymous source under a promise of confidentiality NCDHHS - HIPAA PMO 53 USE AND DISCLOSURE OF PHI • Use: Protected Health Information is “used” when shared, examined, applied or analyzed within the covered entity that maintains the information • Disclosure: Protected Health information is disclosed” when released, transferred, been given access to or divulged outside the entity holding the information. NCDHHS - HIPAA PMO 54 USES AND DISCLOSURES WITH INDIVIDUAL AUTHORIZATION • A General Consent is required for use or disclosure of information for treatment, payment and health operations. • A more specific Authorization is required for use or disclosure of information for purposes other than treatment, payment or health operations. NCDHHS - HIPAA PMO 55 USES AND DISCLOSURES WITHOUT INDIVIDUAL AUTHORIZATION • Disclosures For: – – – – – – – – – Public health activities Health oversight activities Judicial and administrative proceedings Governmental health data systems Research, emergency circumstances, next of kin, and as required by other laws Coroners and Medical Examiners Law Enforcement Directory information Banking and payment processes NCDHHS - HIPAA PMO 56 BUSINESS ASSOCIATES • Application to Business Associates – Establish contracts that ensure Business Associates exercise an appropriate level of care related to privacy and conform to HIPAA regulations – Must treat PHI the same as the covered entity – Covered entity must take action if it is learned that Business Associate is not protecting PHI. NCDHHS - HIPAA PMO 57 ADDITIONAL PROVISIONS • Application to Information About Deceased Persons – Same as if person was alive • Application to Covered Entities That Are Components of Organizations That Are Not Covered Entities – Hybrid Entity (Covered functions are not the primary functions of the entity) NCDHHS - HIPAA PMO 58 IMPLEMENTATION REQUIREMENTS • Policies and Practices must be developed and documented • Scalability – Appropriate to the nature and scope of the business that enables protection of health information in accordance with the rules NCDHHS - HIPAA PMO 59 IMPLEMENTATION REQUIREMENTS • Designation of Privacy Officer • Provide Privacy Initial & On-going Training to Workforce • Develop internal policies and forms • Implement Safeguards – To protect health information from intentional or accidental misuse • Audit and QA NCDHHS - HIPAA PMO 60 IMPLEMENTATION TIMELINE The Compliance Date for the Privacy is April 14, 2003 NCDHHS - HIPAA PMO 61 REGULATIONS OVERVIEW SECURITY NCDHHS - HIPAA PMO 62 SECURITY OBJECTIVE To Protect the Confidentiality, Integrity and Availability of Individual Health Information, While Permitting the Appropriate Access and Use of That Information by Healthcare Providers, Healthcare Plans and Healthcare Clearinghouses. NCDHHS - HIPAA PMO 63 SCOPE OF SECURITY REGULATIONS • Applies to Healthcare Providers, Plans and Clearinghouses • Applies to All Size Organization (Physician Offices, Medical Centers, County Public Health Departments, HMOs, Medicaid, etc.) • Applies to All Health Information Pertaining to an Individual That Is Electronically Created, Received, Transmitted or Maintained. NCDHHS - HIPAA PMO 64 PRIVACY vs. SECURITY PRIVACY is the right of an individual to keep his/her individual health information from being disclosed. SECURITY is the mechanism in place to protect individual health information. NCDHHS - HIPAA PMO 65 SECURITY STANDARD IMPACTS ELECTRONICALLY MAINTAINED AND TRANSMITTED DATA • Data on Magnetic Tape or Disk • Entry of Patient Information in Computers • Transmission of Treatment Data to a Healthcare Plan • Claims Printed From a Healthcare Clearinghouse • Records Transcribed and Stored in a Word Processor • Lab Results Sent by Modem to a Printer at an Office • Etc. NCDHHS - HIPAA PMO 66 SECURITY STANDARD • Does Not Identify or Require Specific Technologies • Allows Healthcare Industry to Implement Different Solutions Depending Upon Needs and Technologies in Place • Mandates Safeguards for Physical Storage and Maintenance, Transmission and Access to Individual Health Information NCDHHS - HIPAA PMO 67 GUARDING DATA INTEGRITY, CONFIDENTIALITY AND AVAILABILITY 1. Administrative Procedures 2. Physical Safeguards 3. Technical Security Services 4. Technical Security Mechanisms 5. Electronic Signature NCDHHS - HIPAA PMO 68 ADMINISTRATIVE PROCEDURES (Policies and Procedures) 1. Certification of Data Systems to Evaluate Security 2. “Chain of Trust” Agreement 3. Contingency Plan in Case of Emergency 4. Formal Data Processing Protocols 5. Controlling Access to Data 6. Internal Audit Procedures NCDHHS - HIPAA PMO 69 ADMINISTRATIVE PROCEDURES (Policies and Procedures) 7. Security Activities by Personnel 8. Overall Security of Hardware, Software, and Virus Checking 9. Protocols for Reporting and Responding to Breaches of Security 10. Risk Management and Sanctions 11. Security Procedures in Event of Personnel Terminations 12. Security Training Programs NCDHHS - HIPAA PMO 70 PHYSICAL SAFEGUARDS (Buildings and Equipment) 1. Designate Security Responsibilities 2. Develop Controls on Access and Manipulations of Hardware Components (Disk, Keyboard, Monitor) 3. Develop Disaster/Intrusion Response and Recovery Plans 4. Implement Personnel Identification for Access 5. Maintain Maintenance Records 6. Enforce Security Clearances (Need-to Know Basis) 7. Develop Protocols Regarding Activities and Security at the Work Station Level NCDHHS - HIPAA PMO 71 TECHNICAL SECURITY MEASURES (Software Controls) 1. Regulate Access (Includes Emergency Access) 2. Audits and Controls 3. Data Authentication (Security of Stored Data) 4. Ensure User Authentication and Access Control (User ID, Automatic Log-off) NCDHHS - HIPAA PMO 72 TECHNICAL SECURITY MECHANISMS (Transmission of Data) 1. Storage and Transmission of Health Information Cannot Easily Be Accessed or Interpreted by Unauthorized Third Parties 2. Ensure Messages Sent and Received Are the Same 3. Access Control to Transmission (Dedicated Lines) 4. Encryption NCDHHS - HIPAA PMO 73 ELECTRONIC SIGNATURE (On Hold) 1. Ensure Identity of the Signer 2. Ensure Unaltered Transmission and Receipt of the Data 3. Must Prevent a Signer from Successfully Denying the Signature Proposed standard explicitly notes that a Digital Signature is the only technology that satisfies these requirements. NCDHHS - HIPAA PMO 74 SECURITY OFFICER • Serves As Internal Information Security Consultant in Agency • Documents Security Policies and Procedures • Provides Risk Assessments • Functions As Internal Auditor • Monitors Compliance With Standards NCDHHS - HIPAA PMO 75 SECURITY BOUNDARIES • Identifies “What” • Does Not Identify “How” • Scalability (allows agency to define and implement security appropriate to size and activities of the agency) NCDHHS - HIPAA PMO 76 GETTING STARTED • Baseline Assessment – Current Security Environment • Policies • Procedures • Technology – Information Systems • GAP Analysis – Compare Current Environment With Security Requirements – Determine “GAPS” • Risk Assessment – Analyze likely and unlikely scenarios in terms of probability of occurrence and impact on agency NCDHHS - HIPAA PMO 77 SECURITY ASSESSMENT • Not Just a Technology Issue – 40% Information Technology – 60% Business Issues • Security and Privacy Go Hand-in-Hand • Integrate Both Standards NCDHHS - HIPAA PMO 78 ENFORCEMENT • RESPONSIBILITY: U.S. DHHS Office for Civil Rights – – – – – – Assist with voluntary compliance efforts Respond to questions, interpretation, guidance Respond to states’ requests for exceptions Investigate complications Conduct compliance surveys Seek criminal prosecution for non-compliance efforts NCDHHS - HIPAA PMO 79 COMPLIANCE DATE Expected to Become Effective in Late 2001 NCDHHS - HIPAA PMO 80 QUESTIONS NCDHHS IMPACT IN DHHS APPROACH FOR ADDRESSING HIPAA NCDHHS - HIPAA PMO 82 HIPAA IMPACT ON DHHS • Standardized Transactions – Initial Assessment - 26 Systems Process Health Care Transactions • • • • • • Public Health - 10 Systems Mental Health/dev Disabilities/sub Abuse - 7 Systems Vocational Rehabilitation - 3 Systems Services for Blind - 1 System Medical Assistance - 1 System Shared (Multiple DHHS Agencies) - 4 Systems – Local Agencies (E.G., MH/DD/SAS Area Programs) Must Modify Their Information Systems NCDHHS - HIPAA PMO 83 HIPAA IMPACT ON DHHS (continued) • Privacy and Security Standards – Secure and Protect Electronic and Paper Records • DHHS Serves “at Risk” Population – Establish Policies and Procedures – Establish Documentation and Audit Processes NCDHHS - HIPAA PMO 84 HIPAA IMPACT ON DHHS (continued) • Agencies Directly Impacted by HIPAA – Public Health (including 86 county/regional health departments, State Laboratory, Medical Examiner’s Office) – Mental Health, Developmental Disabilities and Substance Abuse Services (4 psychiatric hospitals, 5 mental retardation centers, 2 alcohol and drug abuse treatment centers, 1 extended care facility, 2 schools for emotionally disturbed children, 39 area programs) NCDHHS - HIPAA PMO 85 HIPAA IMPACT ON DHHS (continued) • Agencies Directly Impacted by HIPAA – Medical Assistance (Medicaid program) – Early Intervention and Education (18 Developmental Evaluation Centers, 3 schools for Deaf and Hard of Hearing, 1 school for Blind) – Vocational Rehabilitation (72 local offices) – Social Services (100 county offices) – Services for the Blind (serve >35,000 North Carolinians each year) – Child Development NCDHHS - HIPAA PMO 86 HIPAA IMPACT ON DHHS (continued) • Agencies Indirectly Impacted by HIPAA – Research, Demonstrations and Rural Health Development – Division of Aging – Facility Services – Human Resources – Internal Auditor – Public Affairs (Communications) – Citizen Services NCDHHS - HIPAA PMO 87 DHHS REACTION • Provide Centralized Management Response – Establishment of HIPAA Program Management Office (PMO) • Appoint HIPAA Coordinators • Designate HIPAA Attorney - Marc Lodge • Develop Communications Plan NCDHHS - HIPAA PMO 88 DHHS REACTION (continued) • Identify Funding Sources – No Federal Funds Appropriated for HIPAA Implementation – Submission of Expansion Budget Request – Developed Cost Allocation Models to Maximize Federal Funding for Systems/Programs – Currently Investigating • • • • Availability of grants Other opportunities for maximizing federal funds Sharing vendor costs with other states Collaborative efforts with vendors NCDHHS - HIPAA PMO 89 DHHS REACTION (continued) • Partner with Other Organizations/States to Share Information/Deliverables – NC Health Care Information and Communications Alliance (NCHICA) – Government Information Value Exchange for States (GIVES) – Southern HIPAA Administrative Regional Process (SHARP) NCDHHS - HIPAA PMO 90 PROGRAM MANAGEMENT OFFICE HIPAA Oversight Committee Karen Tomczak PMO Director Sarah Brooks Ivey Palmer Business Operations Mgr. Tactical Operations Mgr. Julie Burton Frances Taylor Business Specialist Business Specialist Susan Mitchell Dwala Johnson Cynthia Wagnor Joyce Young Bruce Chao Business Analyst Technical Writer Team Lead Technical Writer Web Developer EDI Team Security Team Operations Support Stephen Fraser Technical Writer NCDHHS - HIPAA PMO 91 PMO TASKS • Research HIPAA Requirements • Determine Impact of Requirements on DHHS • Serve as HIPAA Resource Center • Correlate DHHS HIPAA activities with HIPAA Coordinators • Establish and Coordinate Focus Groups – Business Operations – Security – EDI/TCI NCDHHS - HIPAA PMO 92 PMO TASKS (continued) • Disseminate HIPAA Information throughout DHHS • Develop Enterprise Policies, Procedures, Tools, Processes, Forms, Implementation Guidelines, Contracts, Agreements • Develop Best Practice Models • Promote Business Process Reengineering • Provide Technical, Operational and Management Support • Provide Overall Project Monitoring and DHHS HIPAA Status Reporting NCDHHS - HIPAA PMO 93 PMO TASKS (continued) • Provide Levels of HIPAA Training – – – – Awareness Core Intermediate Expert • Develop Job Classifications/Descriptions for Security and Privacy Officers • Maintain PMO Web Site for Communications http://dirm.state.nc.us/hipaa/ NCDHHS - HIPAA PMO 94 DHHS WEBSITE NCDHHS - HIPAA PMO 95 USER LOGIN NCDHHS - HIPAA PMO 96 PMO DELIVERABLES • Presentations • Tools to Assess HIPAA Impact – Information Flow Assessment Database – Questionnaires (e.g., Early View) – Reviews of Statutes, Rules, Policies, Procedures • NCHICA Privacy and Confidentiality Focus Group • Attorney General’s Office - HIPAA Legal Resources • Department/Division/Agency Review – Gap Analyses – Risk Assessments NCDHHS - HIPAA PMO 97 PMO DELIVERABLES (continued) • Tools for HIPAA Remediation – – – – Work Plans Checklists Processes Sample Policies, Procedures, Forms, Notices, Contracts, Chain of Trust Agreements • Tools for HIPAA Testing and Training – Testing Processes/Procedures – Staff Training Courses – Other Training Courses NCDHHS - HIPAA PMO 98 PMO DELIVERABLES (continued) • Tools for HIPAA Compliance – Self-Certification Tools – Quality Assurance Audits – On-going Awareness Training • Staff • Others (Business Associates, Vendors) – New Employee Orientations – Business Continuity Plans NCDHHS - HIPAA PMO 99 DELIVERABLE PROCESS • PMO – Develops Deliverables • Business Operations Focus Group – Reviews Deliverables with Their Divisions/Local Agency Staff • Selected Pilot Agencies/Institutions – Test Deliverables – Recommend Modifications • Enterprise Dissemination – Distribute via web site, HIPAA Coordinators and Focus Group NCDHHS - HIPAA PMO 100 PMO OUTREACH • HIPAA Awareness Seminars • Professional Groups/Organizations with HIPAA Interests – NC Association of Local Health Directors • Technology Committee – NC Health Information Management Association • Behavioral Health Section – HEARTS User Group • Local Agencies, Institutions, Groups NCDHHS - HIPAA PMO 101 QUESTIONS GETTING STARTED • Designate HIPAA Coordinator • Establish HIPAA Implementation Team • Participate in HIPAA Training Opportunities • Present HIPAA Awareness Program to Management and Staff • Develop and Implement HIPAA Work Plan – Work Plan Template on PMO Web Site • Conduct Information Flow Assessment NCDHHS - HIPAA PMO 103 PMO TOOL • Information Flow Assessment – – – – – – – – Status of Current Information Flow Web Based Database Individual Division/Office Customization Comprehensive Evaluation of Information Flow Ease of Use Report Generation Due Diligence Pinpoint Areas of HIPAA Impact NCDHHS - HIPAA PMO 104 WHY DO A INFORMATION FLOW ASSESSMENT? • Determine if a Covered Entity • Identify: – – – – – – – – – Business Associates Types & methods of information handling Code Sets currently in use Systems/applications in use Systems/applications for remediation Flow and routing of information Short and long term storage of information Areas of privacy/security weaknesses Current contracts and Agreements • Documentation for Due Diligence NCDHHS - HIPAA PMO 105 PMO TOOL • Information Flow Assessment – What Information Flows Within and Without an Agency – Types of Information (personal, financial, medical) – Who Accesses Information – How is Information Transmitted – When is Information Shared – Where is Information Stored (temporary and permanent) – How is Information Disposed NCDHHS - HIPAA PMO 106 INFORMATION FLOW ASSESSMENT A. Information Received, Sent and/or Created Please specify the type of health information currently or planned to be received, sent and/or created in your area (select all that apply): NON-MEDICAL 1. Administrative None (go to next question) Demographic Information Non-identifying statistical data Birth Certificate/Death Certificate Investigative Reports Incident Reports Applications (Admissions, Client, Employment, etc) Legal Papers Custody/Guardianship Papers Parent Questionnaires Logs (Shift, Insurance, Staff notes, etc.) Other Complaint Information Correspondence (Internal & External) Meeting Minutes/Notes Photographs Administration_____________________________________________________________ 2. Education None (go to next question) Individual Education Plan (IEP) Immunization Records Psychological Records School Questionnaires Behavior Rating Scales Child Symptom Inventory Checklist Other Education______________________________________________________________ 3. Financial None (go to next question) Information for filing insurance claim Medicaid Eligibility Assets and Liabilities (Ability to Pay) Billing Information Medicaid Liability Banking Information Entitlement Information Direct Deposit Information Financial Questionnaires Funding Justifications with Details Reports/Data (UR, Financial, etc.) CAP or Respite determinations Financial Correspondence Other Financial______________________________________________________________ NCDHHS - HIPAA PMO 107 GETTING STARTED (continued) • If Covered Entity, Identify Business Associates and Trading Partners • Evaluate Systems/Applications for HIPAA Remediation – Utilize Y2K Inventory Data – Contact Software Vendors – Review Implementation Guides • Evaluate Current Security of Protected Health Information (PHI) – Door Locks, Paper Storage/Disposal, Location of Fax/Copiers/Shredders, System Security NCDHHS - HIPAA PMO 108 GETTING STARTED (continued) • Analyze Data Collection Process – Registration – Coding – Discharge • Compile Current Information for Remediation to HIPAA Compliance – – – – Policies Procedures Forms Contracts NCDHHS - HIPAA PMO 109 GETTING STARTED (continued) • Submit Budget Based on Anticipated IT and Business Changes (Budget Questionnaire) • Work Your HIPAA Work Plan • Monitor DHHS HIPAA Web Site • Utilize HIPAA PMO/HIPAA Coordinators as Resources for HIPAA Implementation NCDHHS - HIPAA PMO 110 RESOURCES • Attachments to Slide Presentation Materials – – – – – HIPAA Related Web Sites HIPAA Glossary and Acronym References DHHS Division HIPAA Coordinators NCHICA HIPAA Committees NCHICA HIPAA Privacy Regulation Work Groups – NCHICA Top 10 Planning Points for HIPAA Compliance – HIPAA Regulations NCDHHS - HIPAA PMO 111 SUMMARY • HIPAA - A Health Care Paradigm – Affects Payers, Providers, Employers, Medical Manufacturers, Pharmaceutical Companies, Employees, Clearinghouses, Patients. – Requires Redesign of Business Processes, Staffing Plans, Workflow – Requires Changes to Business Applications, Technology Architecture, Facilities – Shifts Power in Provider/Consumer Relationship – Presents Change Management Challenges – Introduces New Legal Liabilities – Provides Patients with Rights – Conveys Severe Civil and Criminal Penalties NCDHHS - HIPAA PMO 112 SUMMARY • HIPAA Is Not Going Away – Heath Care Industry Wants Standardization – Consumers Want Health Information to Be Protected • HIPAA Is Not an Option • HIPAA Is Doing Business in the ‘New Millennium • Implementation Cost Is Short-term • Operational Benefit Is Long-term NCDHHS - HIPAA PMO 113 QUESTIONS