• healthcare providers may ask billing companies to implement by september 23, 2013 a method to flag or make a notation in the record with respect to Phi concerning an item or service paid in full by an individual – or person acting on the individual’s behalf (other than a health plan) – to ensure that such information is not inadvertently sent to or made accessible to a health plan for payment or healthcare operations purposes, such as audits by the health plan. • billing companies and their subcontractors will need to update their hiPaa training materials and then train their workforce members (i.e., employees, volunteers, trainees, and other persons under their direct control) by september 23, 2013 to comply with hiPaa. given the breadth and potential penalties under the final rule, billing companies and their subcontractors should review their data flows (i.e., the complete lifecycle of Phi that they create, receive, maintain, or transmit) and then perform an updated risk analysis based on that review, including a risk analysis of mobile devices. billing companies and their subcontractors will need to determine whether to encrypt these devices in light of the increasing prevalence of large penalties imposed by ocr on entities whose mobile devices, such as laptop computers and smartphones, containing unencrypted Phi have been lost or stolen. further, covered entities and business associates should consider whether it would be cost-effective for them to purchase hiPaa liability insurance given the risk of substantial penalties for hiPaa violations. Robert A. Polisky, principal of the Law Offices of Robert A. Polisky (www.rphealthlaw.com), is a healthcare attorney based in Los Angeles. Robert represents healthcare providers and companies, including billing companies and their subcontractors, in healthcare transactions, healthcare regulatory (including HIPAA, Medicare enrollment and reimbursement, and fraud and abuse), and general business law. Robert opened his law firm last April after spending over 8 years in-house at Alliance HealthCare Services and, for several years before that, working at healthcare law firms, clerking for a federal judge, and interning at the U.S. Department of Justice. Leap over your competition in a single bound. Our personal accreditation coaches at HQAA help you look at your organization from a whole new perspective, and make sure you meet high quality standards. And our web-based tools help you create policies and procedures that can streamline your business and training processes. Aim high. Contact HQAA today. 866.909.4722 www.HQAA.org/billing the journal of the healthcare billing and management association 17
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