Protected Health Information and HIPAA Compliance Disputes Mediation

Experienced Mediators Resolving HIPAA-Related Disputes

HIPAA compliance is a critical aspect of healthcare, and it ensures that patients' health information is protected. Due to the ever-increasing use of digital technology, this is an issue that may affect various types of companies, including software manufacturers that provide systems used to store patient records. When disputes arise around HIPAA compliance, organizations must ensure that they comply with HHS OCR regulations; and that are able to quickly resolve disputes in order to protect themselves, the patients who have been affected, and other involved parties. Mediation is an effective method for resolving HIPAA-related disputes, as it offers parties the opportunity to work together collaboratively toward an agreeable resolution without costly court proceedings or lengthy delays.

Privacy & Technology Mediation Services can help address the complex legal, financial, and technological issues that may be involved in disputes related to protected health information. With our understanding of the concerns that affect the parties in these disputes, we can work to ensure that matters will be handled correctly. We provide effective guidance to help the parties resolve disputes efficiently and effectively, and we can assist them as they negotiate agreements and find creative solutions that will be acceptable to all parties.

Addressing Disputes Involving HIPAA Compliance

The Health Insurance Portability and Accountability Act (HIPAA) provides privacy and security regulations to ensure that healthcare organizations handle patients' protected health information correctly. Medical records or other protected information can usually only be disclosed if a patient provides authorization, although some exceptions may apply in certain situations. The law also requires organizations to use appropriate security measures to ensure that electronic records are kept confidential and cannot be accessed without authorization.

Disputes related to protected health information may address issues such as:

• Patient notifications - Providers are required to provide patients with a Notice of Privacy Practices, ensuring that they are informed about how protected health information may be used or disclosed. If patients do not receive these notices or are not informed about changes to policies, they may file HIPAA complaints.
• Failure to provide information when requested - Organizations must provide patients with copies of medical records or information about billing and payments when requested, and they must usually do so within 30 days of receiving a request. Most of the time, this information may be provided in electronic formats, such as PDF documents, but organizations will need to ensure that files can be transmitted securely.
• Failure to obtain authorization from patients - Before disclosing protected health information, organizations will need to ensure that patients have filled out and signed the proper authorization forms. Disputes may arise if authorization forms are not HIPAA-compliant, if medical records are disclosed without receiving authorization, or if information is provided to the wrong parties.
• Security concerns - Protected health information may be accessed or disclosed without authorization if the proper security measures are not followed. Computer systems used by an organization can be a significant source of these concerns. If the proper encryption methods are not used, people may be able to access these systems without authorization. In some cases, data breaches may occur, and access to computer systems or networks may result in protected health information for large numbers of patients being released. Security issues may also be related to laptop computers, cell phones, tablets, or other devices used by personnel. These items may be stolen, or they may be accessed by someone outside of the organization, resulting in the release of protected health information. In addition to addressing HIPAA complaints related to security issues, organizations may need to respond to claims that patients have experienced financial losses or other damages due to the release of protected information.

Contact Us for Assistance with HIPAA Dispute Resolution

HIPAA compliance is crucial for healthcare organizations, covered entities, and business associates - and any disputes related to protected health information can have significant consequences for all parties involved. Mediation provides an effective way to resolve these disputes. At Privacy & Technology Mediation Services, we can help organizations, patients, or other parties determine the best ways to handle these matters. Contact us at 312-767-3900 to set up a complimentary consultation.