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HIPAA: Report Shows Most Complaints Not Investigated - IT Compliance
The motivation to get HIPAA compliant shouldn't be to avoid getting sued - it should be to protect your informaiton assets. Saying that, we do wonder how many will be motivated to comply with a mandate that isn't being enforced - according to Government Health IT "Most privacy complaints are not investigated":
"The Department of Health and Human Services investigated less than 25 percent of 22,964 privacy complaints submitted to HHS’ Office for Civil Rights (OCR) from April 2003 through September 2006"
"Melamedia found that of the 5,400 complaints investigated – all of which were filed against health care organizations covered by the Health Insurance Portability and Accountability Act (HIPAA) – OCR officials took informal action in 3,700 cases. Officials absolved the accused health care organizations in 1,700 others."
Will the new False Claims Act Guidelines coming into play with HIPAA enforcement, will enforcement activities will increase? Perhaps. As Rebecca points out:
A significant motivator for compliance is that beginning in 2007, "whistleblowers" for violators of the new guidelines will be awarded 15% - 25% of any associated fines, depending upon the situation. This could definitely motivate employees, former employees, and patients/customers to report what they believe are HIPAA violations when they may not have to date.
This could bring the Department of Justice (DOJ) into the HIPAA compliance and enforcement mix.
The real question is, "will compliance activities increase? Read more here and here...
Posted January 08, 2007 in Compliance | Permalink
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