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HIPAA's Impact On West Virginia Providers And Health Plans: Privacy, Security And The Preemption Of West Virginia Law  

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Training Course Syllabus:


This seminar is designed for attorneys, business and office managers, hospital administrators, medical records directors, health care providers, benefits managers, compliance directors, human resource directors, nurses, billing managers and physicians.

The Administrative Simplification Section of the Health Insurance Portability and Accountability Act of 1996 has become one of the major policy, technology, and operations issues facing the health care industry today. HIPAA requires new policies and procedures, creates a new federal floor for privacy and security protections and gives patients new rights regarding medical records and information. Health care related businesses must assess the impact of HIPAA and determine what West Virginia laws and regulations are preempted by HIPAA.

Health care providers, health plans, health care clearinghouses and various other health care related businesses will be required to comply with the Privacy Standards on April 14, 2003. Those impacted must comply with the Security and Electronic Signature Standards, the Electronic Transactions and Code Sets Standards and numerous other regulations under the Administrative Simplification Section of HIPAA. Overall these standards are meant to facilitate the development of a uniform computer-based health information system in the United States that will provide for the secure handling, collecting, protection, sharing of individually identifiable health information. The intent of the standards are to standardize much of the health care industry with the intent of bringing cost/operating savings to the industry. Compliance with these regulations will be critical to those operating in the health care industry.

This seminar will provide you with an overview, understanding, and practical guidance on compliance and implementation. In addition, the seminar will focus on specific issue relevant to West Virginia providers and others impacted by the regulations. The seminar will provide insight into what governmental agencies of the State of West Virginia are covered entities, where does the State of West Virginia stand on HIPAA compliance and how such changes may effect the private health care industry in West Virginia.

9:00 a.m. - 9:30 a.m.

I. Overview Of HIPAA

A. Brief History Of HIPAA

B. Administrative Simplification Section

C. Compliance And Effective Dates

D. Recent Developments

9:30 a.m. - 12:00 p.m. (Break 10:45 a.m. - 11:00 a.m.)

II. Privacy Standards

A. Who Is Covered Entity

B. What Information Is Protected

C. What Are The Requirements For Use And Disclosure

D. Patients Rights Under HIPAA

E. Who Is A Business Associate And Business Associate Agreements

F. Enforcement And Penalties

G. Lessons Learned Since April 14, 2003 And Continuing Compliance Strategy

12:00 p.m. - 1:00 p.m.

Lunch (On Your Own)

1:00 p.m. - 2:00 p.m.

III. Security Standards, Transaction Standards And Electronic Signature

A. Scope And Purpose Of The Regulations

B. Who Must Comply With Security Regulations

C. Security Requirements

D. Transaction Standards And Code Sets Requirements

E. Electronic Signature Requirements

F. Overlap And Coordination Between Security And Privacy Standards

G. Status Of Transaction Standards

2:00 p.m. - 2:45 p.m.

IV. Post April 14, 2003 Compliance Efforts By The State Of West Virginia And The

Impact On West Virginia Health Care Providers

A. Background On The State’s Covered Entities

B. Where Does State Government Stand In Terms Of HIPAA Compliance?

C. April 14, 2003 Has Passed. Are We Done?

D. Development Of Complaint Process And Monitoring Program

E. The State’s Business Associate Agreement Requirements

F. Background On The State’s Preemption Analysis Development And System To Monitor Changes In Law

G. “Required By Law” Disclosures To State Agencies And Departments

2:45 p.m. - 3:00 p.m.

Break

3:00 p.m. - 4:00 p.m.

V. Preemption Analysis And West Virginia Law

A. The Basic Preemption Methodology

B. The Preemption Exceptions (Public Health Reporting And Disclosures Required By Law)

C. The “Contrary To” Analysis And “Stringency” Analysis

D. Application Of Preemption Analysis To West Virginia Laws

E. The Impact Of Preemption On Compliance Efforts And Drafting Policies/Procedures

4:00 p.m. - 4:30 p.m.

VI. Panel Discussion, Case Study And Questions

Seminar Summary:

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