Leon Rodriguez, Director, HHS OCR, discusses HIPAA / HITECH Enforcement Last Week

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Posted December 17, 2012

Keywords: HIPAA, Business

View the story "Leon Rodriguez, Director, HHS OCR, discusses HIPAA / HITECH Enforcement Last Week" on StorifyLeon Rodriguez, Director, HHS OCR, discusses HIPAA / HITECH Enforcement Last WeekThis interview was one of the highlights of last week's Privacy and Security ForumStorified by David Harlow · Sun, Dec 16 2012 19:59:17One of the highlights of last week's Privacy and Security Forum was Bernie Monegain's interview of Leon Rodriguez. I livetweeted the session, and share here what we heard live from the source in Boston.Photo: Leon Rodriguez, OCR director, talks with @Bernie_HITN at #psforum12 http://pic.twitter.com/qVCYQNsoChip Means#PSForum12 session w Leon Rodriguez Dir #OCR intvw’d by Bernie Monegain EIC @HITnewstweet beginsDavid HarlowLeon Rodriguez #ONC when asked for ETA of #HIPAA #HITECH regs pleads no comment #psforum12David HarlowLeon Rodriguez sees each #OCR case brought, penalty levied, as roadmap for compliance for ea diff sector w/in #healthcare #psforum12David HarlowRodriguez #OCR Past experience as prosecutor& as GC for a CE informs perspectv that enforcmnt nds 2B cogniznt of business reality #psforum12David HarlowRodriguez: We look for adherence to process set out in regs. KPMG sig finding - failure to conduct risk analysis #psforum12David HarlowRodriguez: So w/o even looking at content of analysis - concerned abt folks not even doing it. #psforum12David HarlowRodriguez: CEs either encrypt or don’t even conduct analysis abt whether to encrypt #psforum12David HarlowQ put to Rodriguez: Why don’t CE’s do the risk analysis? Talks abt Fraud&Abuse history. #Privacy compliance in midst of evolution #psforum12David HarlowRodriguez: #OCR workload quintupled since #HIPAA & #HITECH compliance work given to them #psforum12David HarlowRodriguez: #OCR going beyond reactive model of complaint investign. Risk-basd audits starting; sim proactv effrts on civ rts side #psforum12David HarlowRodriguez cataloguing simple stuff to minimize consequences of human frailties (mix of policy & tech) #psforum12David HarlowRodriguez: #OCR now working on formula for monetary restitution to subjects of breaches #psforum12David HarlowRodriguez: #OCR goal is to est permanent audit program beyond pilot, to be funded by $$ collected thru penalties assessed #psforum12David HarlowRodriguez #OCR looks first at whether CE conducted root cause analysis of breach and whether addressed #psforum12David HarlowRodriguez: I won’t use name “wall of shame” Purpose of the breach notification program is to ID vulnerabilities & remediate them #psforum12David Harlow

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David Harlow

DAVID HARLOW is Principal of The Harlow Group LLC, a health care law and consulting firm based in Boston, MA. His twenty-five years’ experience in the public and private sectors affords him a unique perspective on legal, policy and business issues facing the health care community. David is adept at assisting clients in developing new paradigms for their business organizations, relationships ...

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