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Hhs 700 2008 2019 Form : Revise, Finish and forward

I'm here today with Roger Severino.director of the HHS Office for Civil.Rights in Washington DC.Roger thanks for joining me glad to be.with you and I would like to kick off.and talk a little bit about the OCR as.priorities for 2019 if you could kind of.walk us through what are the key.priorities for the agency we just issued.a regulatory sprint towards coordinated.care which included a request for.information that just closed we received.over 1300 comments from the public.and when I say coordinated care let me.give you an example of what I mean so my.mother for example came over from.another state visited us had a coffee we.took her to the hospital things were.fine and I received the bill which is.interesting because I didn't request the.bill but then she had to go back to her.home state so now we have provider a.here bride her be in her home state and.she also wants to change providers.that's provide her see there's no.guarantee that the information that she.received from her doctor here is going.to make it back to her home doctor or.any future doctor and that's an issue of.coordinated care so as part of our.regulatory sprint we ask questions how.could we use HIPAA to address this issue.to make sure that patients are empowered.with their own information now under the.HIPAA rules a patient can request their.own information so my mom could actually.ask the provider to get her own medical.records but then she would have to give.that record to her doctor directly so.the question we asked is well isn't it.possible if we were to look at the.question of provider to provider can we.say that provider a must provide the.information to provider B at the request.of the patient for the purpose of the.coordinated care and under our current.rules my mom could ask her own records.at a patient rate reduced cost within 30.days but it doesn't apply to provider.for provider so these are the questions.we're looking at to make sure we make it.as frictionless as possible to improve.the coordination of care now why is this.the right time to really tackle.coordinated care are all the pieces in.place for this movement to really.progress that this is a priority of.secretary azar and deputy secretary.Hagen this involves more than just the.office for civil rights involves more.than HIPPA it involves anti Stark and.kickback rules price transparency.interoperability with the Office of.National Coordinator so the entire.agency is working on this effort of.coordinated care on value-based care.the time is now because we need reform.this is a debate Latorre environment the.President on down has said that we have.to remove impediments to care you'll see.what the secretary is doing on drug.price reform is a major part of the.efforts to make sure that people get the.drugs they need at the prices that are.just and reasonable so as part of an.administration-wide effort to make sure.that such at a tremendous part of the.economy which is health care gets the.focus attention it deserves because at.the end of it we're looking for improved.health outcomes for patients.now you can't go too much into this.request for information but do you.expect have a proposal out this year.sometime this year later on that is of.all there are various things we could do.with the request for information we.could do regulatory action guidance and.that's gonna really inform all of our.efforts based on the the response we've.gotten so far which has been very.encouraging so we do have a goal of.moving as quickly as possible to remove.regulatory burdens and in fact we also.are addressing the opioid crisis this is.another priority of this administration.of this secretary as part of the request.for information we included requests.about how we can best address the opioid.crisis through the HIPAA rules we've.heard heartbreaking stories of parents.losing their adult children to overdose.and not knowing that their children were.suffering and there's a lot of myths.around HIPPA.we've issued guidance to try to clarify.that doctors are empowered to coordinate.with parents following the rules.appropriately regarding for privacy but.when it involves treatment if there's.incapacity if there's a threat to health.or safety doctors are empowered to share.information with parents get them.involved to help address the scourge of.the opioid crisis as part of the request.for information we're seeing if there.are ways we can make sure that doctors.who are acting in good faith in the best.interest of the patients will get that.additional level of protection to make.sure that information gets out to the.proper parties and that lives are saved.now switching gears a little bit I know.you've talked recently about a switch in.tactics at the OCR towards more.enforcement specifically with the right.to access that if if a doctor is not.providing the patient with medical.records there will be enforcement and I.think also in regards to the hip audits.can you speak a little to how.it's going to change yeah so you were.referring to the right of access rule.where a person could request their own.records and have the the right to get it.I went through this myself recently I.asked for my lab results.I got an interminable run around for my.provider and they are required within 30.days to provide a person their own.medical records generally in the format.that they request if it's reasonably.accessible in that format and we've seen.that too often providers are not.following the rules we provide free.training we have a Medscape module go to.our website we've had 56,000 providers.receive training it's free you could get.continuing education credits we.encourage providers to take advantage of.this resource it has not been enough.we're still receiving complaint upon.complaint of people not getting their.records or not getting it in a timely.matter or being overcharged part of the.rules especially after the high tech act.is that you cannot charge more than.reasonable labor costs we have a safe.harbor six dollars and fifty cents per.request this is not being respected and.we're trying to make sure again that.there is less friction in the system so.that patients are empowered with their.own medical information because.sometimes this is literally an issue of.life and death and the more the.information is put into the consumers.hands the better health outcomes we're.gonna have at the end of this all right.in the long side the lines of the.privacy audits is that going to become.less educational I know that it was.designed to say if you're out of.compliance here's a way that we can help.you is it going to focus more on we're.going to hold you up to the power of the.OCR now yes we've learned a tremendous.amount through the audit program we've.developed the list of best practices.through is and we're going to implement.this now in an enforcement mode I have.an enforcement background I was at the.Department of Justice Civil Rights.Division for several years and I want to.see the most egregious bad actors being.held responsible under the current rules.if you have a breach of over 500 records.you're required to report within 60 days.to the office for civil rights and I'm.very pleased to see that much of the.industry does comply with this self.reporting requirement but there are some.actors that do not comply and when we.find out about this expect to receive an.audit at the end of it I want to make a.distinction between the actors that are.playing by the rules as best.can and those that are egregiously.flouting the rules if you're a bad actor.expect in audit to come your way and if.it takes regulatory action to follow up.with this enforcement initiative then.that's what we'll do but that's what I.think we're going to be headed in the.future another component of the AO sorry.I'd like to touch on is the conscience.and freedom of religion and I know that.that's relatively new since the division.was rolled out how has it progressed to.have there been a lot of complaints.coming in and how is the OCR handling.them if this is going to be the lasting.legacy of my tenure here we launched a.new conscience and religious freedom.division at the beginning of 2017 and it.is a very simple premise the.foundational rights of conscience of.religious freedom men deserve to be.enforced at least as well as every other.civil rights that we enforce and taking.that permits we announce that we are in.business that the laws that Congress.passed some of which are over 40 years.old are going to finally get the.attention that they deserve that people.who have been suffering who have their.rights violated are going to be heard.and it's going to be addressed and just.for some numbers by way of contrast.previous to the election of President.Trump.we're receiving about 1.25 complaints.per year under our conscience.authorities now we're receiving over a.hundred complaints per year and this is.indicative of a couple things first that.we have announced of the world that.we're going to take the complaint.seriously but that there's a real.problem out there of entities flouting.the law we're very proud that earlier.this year we issued our first Notice of.Violation.this is a fining violation against the.state of California under the Wheldon.Amendment which prohibits discrimination.on the basis of somebody objecting to.pain referring or performing abortions.and California passed a law on the fact.Act which was struck down by the Supreme.Court for violating the free speech.clause and we have issued a finding.following that saying that you also.violated the wealth amendment you cannot.target pro-life Pregnancy Resource.Center's who are trying to help women.that are in need of options.these are nonprofits the state of.California went against him discriminate.against him because of their beliefs.because of their refusal to refer for.abortions and that was in violation of.law we issued that finding so you could.consider it a guilty verdict with a.suspended sentence because it's.currently enjoined after this.in court decision so we're hopeful that.other states will not follow suit now is.that division is that staffed with some.of the hip experts or do they share.resources how does that work in terms of.the infrastructure of the OCR there are.different divisions so we have three.main buckets we have health information.privacy our civil rights and our.conscience and religious freedom.division so that's the three enforcement.tools that we have at our disposal and.we have a regulatory framework for the.first two and we've issued a proposed.rule for the third so again to create.parity with every other civil right with.health information privacy we want the.same enforcement tools for conscious and.religious freedom we have about 25.statutes that we identified that.Congress has passed over the decades.protecting this invaluable right and.deserves the enforcement tools and we're.very pleased to see a tremendous.outpouring in terms of public comment.and we're getting very close to.finalization of that role overall OCR do.you face any budgetary pressures or how.is how is the the resources that you.have available are they enough for the.job or are you prioritized we we are in.a D regulatory environment we are in a.environment of fiscal responsibility.that is what we're doing and that's what.the secretary is doing we're doing more.with less and we're succeeding at it.we've had the two most consequential.years in OCR history and we could see it.in last year we had a record-breaking.number of settlements and collections.under HIPPA thora T's over 28 million.dollars which was 22% greater than the.previous record we launched our new.conscience a religious freedom division.and we're still getting positive results.in our civil rights authorities as well.and right now we're getting over 28,000.complaints per year under all of our.authorities which is a lot of work but.we found new efficiencies and we're.getting the job done to have this.fantastic last couple years to wrap.things up a little bit I know that you.mentioned that the 28 million the record.that you'd like to see that number drop.as obviously there's more compliance do.you expect that that trend is going to.drop its gonna lessen do you think the.providers out there are kind of getting.the message in terms of data breaches.and HIPAA well the fact that we did hit.a record by such a large margin makes it.difficult to match records but that's.not the goal and I've said this many.times I'm not looking for the most.numbers the most dollars we could get.what I'm looking for ultimately is that.our enforcement efforts are.education efforts our regulatory efforts.are so effective that compliance is.going to go up and the collections will.end up going down that means they're.going to be less parties harmed we don't.have the anthem breach of 79 million.people harmed because their records were.exposed to the world we have less of.those cases and more compliance and in a.lot of the numbers go down and that's.the ultimate goal of really any.enforcement operation creating civil.right side conscious religious freedom.and health information privacy is really.creating that culture of compliance.where people from the top down really.live it and breathe it and they were.going to say absolutely it becomes a.cultural shift a cultural mindset and.that's what we're doing with all our.authorities well that sounds wonderful.thank you so much I really appreciate.your time my pleasure.

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Hhs 700 2008 2019 Form FAQs

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How do I turn someone in for Hipaa violation?

If you are the “aggrieved person” (the person whose information was divulged in violation of HIPPA regulations), you can file a HIPAA Privacy Complaint with the Office of Civil Rights (OCR) of the U.S. Department of Health and Human Services (DHHS). This can be done online. The Complaint form is found at: http://www.hhs.gov/ocr/privacy/hipaa/complaints/index.html If you are not the “aggrieved person,” I am unsure if you can file the complaint. Check out the form. There is no federal cause of action upon which a civil suit could be based; ther may be a state cause of action but whether there is or not depends on the law of the particular state in which the suit is contemplated.

Whose responsibility is it to investigate a privacy violation?

The FCC has resources on Federal Communications Commission you can call 1–888–382–1222 to block telemarketing calls 1–866–290–4236 Your States Attorney General May also have resources

How do I report a Hippa violation?

You don’t need proof. It’s HIPPA’s job to investigate. You do need a plausible accusation, and some kind of proof, emails, witnesses, etc. helps make the accusation more plausible.

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