HIPAA Privacy Reference Manual Published by AHCA & ROLF

SIGNIFICANT CHANGES TO HIPAA:

THE IMPACT ON NURSING & ASSISTED LIVING FACILITIES

Reference Manual Offered by AHCA / NCAL and ROLF

1. Redefining “business associates” to include subcontractors that create, receive, maintain or transmit PHI on behalf of a business associate;
2. Requiring direct liability for business associates who fail to comply with the HIPAA Privacy and Security Rule requirements;
3. Placing new limitations on the use and disclosure of PHI for marketing and fundraising;
4. Restricting the sale of PHI without authorization;
5. Adopting a more objective breach notification threshold and new risk assessment requirements;
6. Allowing individuals access to ePHI where requested and providing additional guidance on fee sharing for such electronic access;
7. Restricting disclosures of PHI concerning treatment paid in full out of pocket;
8. Issuing new guidance regarding disclosures of PHI after an individual’s death;
9. Requiring modifications and redistribution of notice of privacy practices; and
10. Incorporating the HITECH Act’s increased and tiered civil money penalty structure.