OCR to Release Video Presentation to Improve Education on Recognized Security Practices under HITECH

by | Jun 13, 2022

In January 2021, the Health Information Technology for Economic and Clinical Health (HITECH) Act was amended (under Public Law 116-321) to require the Department of Health and Human Services to take any recognized security practices into account when investigating HIPAA Security Rule violations and audits, prior to making determinations about financial penalties, audit results, and other remedies to resolve violations of the Health Insurance Portability and Accountability Act (HIPAA). Under this change, OCR must consider the recognized security practices that were in continuously in place for the previous 12 months.

The change was intended to encourage HIPAA-regulated entities to take steps to improve their security posture and while the rule change does not constitute a complete safe harbor, by implementing recognized security practices, HIPAA-regulated entities will be able to reduce penalty amounts and the length of investigations and audits.

Earlier this year, OCR issued a request for information seeking comment from the public on how they are implementing recognized security practices, and how they anticipate demonstrating that recognized security practices have been in place.  The comment period ended this month and OCR is considering all the feedback received.

On Friday, OCR announced that it is in the process of producing a pre-recorded video presentation for HIPAA-covered entities and business associates on recognized security practices. The aim is to educate HIPAA-regulated entities on the categories of recognized security practices and how it is possible to demonstrate that they have been implemented.

Ahead of the publication of the video, OCR has requested questions from HIPAA-regulated entities that it will aim to address in the presentation. Emails must be submitted by email no later than June 17, 2022, to [email protected]

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Ryan Coyne

Ryan Coyne is a results-driven leader in the healthcare compliance industry, specializing in regulatory compliance, compliance training, and assisting healthcare organizations and business associates in achieving and maintaining compliance. With a deep knowledge of healthcare regulations and a keen understanding of the challenges faced by the industry, Ryan has developed a reputation as a trusted advisor and advocate for ethical and compliant practices in healthcare. Ryan has successfully advised and guided numerous healthcare organizations, business associates, and healthcare professionals on achieving and maintaining compliance with regulatory training requirements. Ryan’s professional focus is using his in-depth expertise and leading a world class team of subject matter experts at ComplianceJunction in regulatory compliance to help organisations navigate the complex landscape of ensuring staff adhere to healthcare regulations. You can connect with Ryan via LinkedIn and follow on Twitter

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