New Requirements of New Data Breach Notification Law

New Requirements of New Data Breach Notification Law

On March 26, 2020, Washington D.C significantly amended its Data Breach Notification Law (D.C. Act 23-268), to expand the definition of personal information and require businesses obtaining such information to implement “reasonable security safeguards”. The new law took effect on May 19, 2020, in the midst of dramatic societal change. Indeed, COVID-19 has accelerated the digital transition and hastened the need for security and privacy issues to be at the forefront of the state legislature. So, what are the major changes and updates under the D.C Act 23-268?

The definition of personal information has been significantly expanded and includes several new elements. Previously, the law only considered personal information to be a person’s first name (or initial) and surname and sensitive identifying numbers i.e. social security number, driver’s license number, D.C identification card number, or credit card number.

Personal information also included a combination of a person’s name and any codes that would enable access to a person’s individual financial or credit account. The current update expands the definition of what is classified as personal information to the following:

  • Unique Identification Numbers: passport number, taxpayer identification number, or any other identification number issued on a government document.
  • Medical Information: DNA profile or genetic, biometric, or health insurance information.
  • Financial information: Account number or any numbers or codes allowing access to an individual’s financial or credit account.
  • Other Data: Any listed data that would allow an individual to carry out identity theft. The new legal definition also includes any username or email address combined with any information allowing access to another’s personal account.

Mandatory Breach Notification

  • C Attorney General Notification Notices:

The law previously only required the D.C Attorney General to be notified if over 1,000 residents were affected by a data security breach. It now requires the D.C Attorney General to be notified when a qualifying data breach affects 50 D.C residents or more.  The notice must include the nature and cause of the data breach, the number of affected residents, types of personal information compromised, and corrective steps that have been taken.

  • Individual Breach Notification Notices:

Affected residents must also be notified ‘’in the most expedient manner possible, without unreasonable delay’’. New content requirements for individual breach notification notices include the types of data compromised and toll-free numbers for credit reporting agencies and the D.C Attorney General.

Business and Service Provider Security Requirements

Businesses and service providers are now subject to more stringent security protection requirements. Any organization handling D.C residents’ personal information must “implement and maintain reasonable security safeguards”. The amended law also stipulates that any entity using a third-party service provider must have a written agreement in place requiring the latter to “implement and maintain reasonable security safeguards”.

Failure to comply with the new legal requirements of the new Data Breach Notification Law and to implement and ensure “reasonable security safeguards’, there could be a significant economic and reputational loss.

To assist you in identifying the extent to which your organization is at risk of a data breach, Life Compliance is offering a FREE Organization Assessment to determine your company’s specific vulnerabilities and risk exposure to cybercrime. This will ensure you have the best possible insight and protection as you guide your company into the digital future.

Live Compliance provides all of your HIPAA privacy, security requirements, and measures. HIPAA compliance is a requirement for Covered Entities and Business Associates to safeguard personal, private, and protected health information. Organizations can excel in health care without the struggle of compliance requirements.

Live Compliance is a preferred partner of EZClaim, and their software is integrated into our medical billing software. For detailed product features or general information about EZClaim medical billing solutions, visit our website, contact us via e-mail, or call our support team directly at 877.650.0904.

[ Written by Jim Johnson, President of Live Compliance ]

Ransomware Targeting Medical Billing Companies

Ransomware Targeting Medical Billing Companies

Ransomware Targeting Medical Billing Companies

As the number of healthcare providers taking advantage of Telehealth increases during this uncertain time, the number of ransomware attacks continues to increase as well.

Ransomware is a type of malicious software designed to block access to a computer system until a sum of money is paid. Microsoft says, “Multiple ransomware groups that have been accumulating access and maintaining persistence on target networks for several months activated dozens of ransomware deployments in the first two weeks of April 2020.”

The attacks are targeted towards aid organizations, medical billing companies, manufacturing, transport, government institutions, and educational software providers, however, Microsoft says that it doesn’t stop with critical service groups and suggests all networks are aware of these attacks and taking necessary steps to limit risk. NetWalker ransomware, for example, gained notoriety for targeting hospitals and healthcare providers with e-mails claiming to provide information about COVID-19.

Have you had an Accurate and Thorough Security Risk Assessment and/or penetration testing?

If you haven’t completed an accurate and thorough security risk assessment, you could also be penalized under ‘willful neglect’ (this category alone is $50,000 per violation!) in addition to the higher risk of ransomware attacks. What we do is keep this from ever being a worry for you! We perform your security risk assessment and manage all of your requirements, in a clean, organized cloud-based portal.

Don’t risk your company’s future, especially when we are offering a FREE Organization Assessment to help determine your company’s status.

It’s easy! Call us at (980) 999-1585, or email me, Jim Johnson at jim@LiveCompliance.com or visit
www.LiveCompliance.com

Live Compliance has partnered with EZClaim medical billing software to strengthen what they can provide for you. It provides all of your HIPAA Privacy, Security Requirements, and Measures. HIPAA compliance is a requirement for Covered Entities and Business Associates to safeguard personal, private, and protected health information—allowing organizations to relinquish the struggle of compliance requirements.

You can investigate the EZClaim medical billing software by either downloading a FREE DEMO or just contact our knowledgeable sales staff to answer any and all of your questions by phone at (877) 650-0904 or by e-mail at support@ezclaim.com.

[ Contributed by Jim Johnson of Live Compliance ]

CMS HHS Updates Telehealth Regulations

CMS HHS Updates Telehealth Regulations

Since CMS HHS just updated their Telehealth regulations to adjust to the COVID-19 environment—including having a remote workforce—we wanted to provide a clear update to independent physicians and billers to advise them of the fast-moving changes of many regulations, and what to expect in the near future.

It is important to note that CMS has recently announced that new and established patients have availability to Telehealth, and HHS OIG is providing flexibility for healthcare providers to reduce or waive cost-sharing for Telehealth visits paid by federal healthcare programs. CMS is also expanding Telehealth services to people with medicare.

As a result, please see the below video from CMS which highlights the Medicare Coverage and Payment of Virtual Services and Telehealth.

In addition, we’ve included a few key questions and answers below. If you have further questions about Telehealth and your compliance, contact Jim Johnson with Live Compliance at Jim@LiveCompliance.com or (980) 999-1585.

1. Who can provide Telehealth services?

    • Physicians
    • Nurse Practitioners
    • Physician assistants
    • Nurse-midwives
    • Certified nurse anesthetists
    • Clinical psychologists
    • Registered dietitians
    • Nutrition professionals

2. What services can a medicare beneficiary receive through Telehealth?

    • Evaluation and management visits (common office visits)
    • Mental health counseling
    • Preventive health screenings
    • More than 80 additional services

3. What are the types of virtual services?

    • Medicare Telehealth visits
    • Virtual check-ins
    • E-visits
    • Telephone services

Live Compliance is an EZclaim premier partner for HIPAA compliance and is integrated into EZclaim’s billing solution.

If you have any further questions about Telehealth regulations and your compliance, e-mail Jim Johnson at Live Compliance at Jim@LiveCompliance.com, or phone him at (980) 999-1585.

[ Contribution by Jim Johnson with the Live Compliance ]

3 Keys to Starting Your Medical Billing Practice

3 Keys to Starting Your Medical Billing Practice

Whether you are a person new to medical billing or someone who’s been in the business for years, launching a new medical billing practice can be hard. Understanding the market, connecting with new clients, and knowing how to master your processes are challenges that you often learn as you go. Despite these challenges, it is rewarding to be out on your own growing a new company. Before you jump, let us help you understand some essential keys that you can research upfront and prepare yourself to get one step closer to being successful.

1. ONE BILLING PLATFORM VERSUS MULTIPLE PLATFORMS: First and foremost you must make a conscious decision to either focus on being an expert on an individual medical billing platform, like EZClaim or tackling multiple platforms.  There are pros and cons of both: being an expert can make you extremely efficient in your use of the software’s billing and, scheduling features, however, it can also limit your client base to only one set of software users. Whereas having a basic understanding of multiple platforms can allow you a larger base of medical offices while limiting your ability to truly understand how best to serve each individual client’s needs.  

Pro tip: Start and master one trusted billing program, and grow your options as your billing business grows.

2. GET CLEAR ON THE CLEARINGHOUSE: A new billing company owner does not want to be held to just one clearinghouse as options are key here. Having the ability to work with any or many would be an essential piece to your billing services, however, you still want to know the best clearinghouses in the business. Understanding which clearinghouses provide the best products and services and being able to recommend those services to your client upfront will make your life easier and their business run smoother. For this very reason, EZClaim has built its software around partnerships and integrations with the best clearinghouses to make working with the one you need easy.

3. COMPLY OR DIE (HIPAA Compliance): The third key to any start-up is first understanding the importance of HIPAA Compliance. Medical billing firms literally can come crashing down with any missteps, mistakes, or misunderstandings of this essential piece of the puzzle. It goes without saying that if you are going to choose a billing software be sure that they have partnerships built around making sure you are protected. You are also responsible to make sure the data is protected so your customer and their patient’s data is safe.

HIPAA Hint: Check out Live Compliance for further details on the topic. 

There are many options available out there for your new medical billing practice, and we recommend doing your research. Within that research, you will find that EZClaim ranks very high in performance and comes in at a great price.

To learn about EZClaim go to our about page, sign up for a demo, and/or download a trial for free today!

 

Compliance Plan Breakout

Compliance Plan Breakout

Compliance Plan Breakout

AMBA 2019 National Conference Session Recap

Compliance Plan Breakout – Written by Stephanie Cremeans of EZClaim

Any provider that is treating Medicare or Medicaid patients is required to have a compliance plan for their practice. This is mandated under the Patient Protection and Affordable Care Act of 2010.

The Office of Inspector General (OIG) has established an outline of seven components to help the small or individual provider offices get started. They also understand that small practices don’t typically have extensive resources creating and establishing a plan, and encourage practices to start with one item, making the compliance plan a working document that is updated and added to as necessary. The seven components are as follows:

  • Conduct internal monitoring and auditing
  • Implement compliance and practice standards
  • Designate a compliance officer or contact
  • Conduct appropriate training and education
  • Respond appropriately to detected offenses and develop corrective action
  • Develop open lines of communication with employees
  • Enforce disciplinary standards through well-publicized guidelines

Let’s dig in a bit to the first component, conducting internal monitoring and auditing. Starting with this step will help a practice lay the groundwork of its compliance plan and shed light on areas that need additional work. There is no set number of records that are required to be audited, rather a suggestion of 5 (or more) per provider annually for a small or solo practice. You can start your compliance plan by simply documenting that no less than 5 charts per provider will be audited annually. Keep track of the results and use them to start implementing other components. For instance, you have the audit results, but what is considered passing? What are you going to do if a provider isn’t compliant? Document the answers and you are building your plan. Did the audit show specific areas for improvement? Find applicable training or host training for those that need it, document it in your plan. Did you find overpayments? Document how these are to be handled, resolve them quickly, and put policies in place to prevent a bigger problem.

By taking steps to create a compliance plan and show a good-faith effort to improve on risk areas your practice will reap the benefits of clean claims with a reduction in denials, fewer billing errors, and the assurance that your records are ready for an audit. This will also reduce your risk exposure to fines.

For help getting started with that first audit, setting benchmarks and improvement plans or for education on problem areas contact RCM Insight. For additional assistance with building your HIPAA compliance plans contact Live Compliance.

If you are enjoying the informative content we’re providing and have a specific topic you would like to see covered, we would love to hear from you! Please feel free to send along your ideas via email to sales@ezclaim.com.