(PRWeb) November 28, 2006 --
Congress passed the 2006 False
Claims Act. States are ordered
to actively investigate and
prosecute both providers as
well as business associates
effective January 1, 2007.
States are required to create
a False Claims Division and
keep the overwhelming majority
of fines recovered.
Centers for Medicare and
Medical Services, HHS-Office
of Inspector General and
Department of Justice and
Plaintiff Attorneys of
Whistleblowers combine to make
a powerful force for HIPAA
Compliance. Just as email
communication has
revolutionized healthcare, the
law is evolving to encompass
this critical aspect. Since
voluntary compliance has been
ignored many providers for
years, the Federal Government
has examined how to make
physical and electronic
compliance with the Health
Insurance Portability and
Accountability Act of 1996
(HIPAA) reality.
Whistleblowers will be awarded
15% of fines.
State Attorney General's False
Claims Act Divisions will be
directly involved and other
state agencies are likely to
be involved. A lack of email
security, audit trails and
administrative controls expose
information and leave the
provider and their business
associates to liability. The
investigation might be overt
or covert and may be started
by complaints of patient
service, quality, poor
documentation, claim of
medically unnecessary testing,
over use of diagnostic
testing, preformed procedures
not supported by appropriate
documentation and the like.
State enforcers will be
rewarded with a share of the
double and triple damages
awards.
The False Claims Act brings a
new dimension to liability for
primary care physicians. The
healthcare provider may be
found guilty of violation if
their service falls below
standard levels of quality or
deemed medically unnecessary.
Every patient, employee,
diagnostic center and business
associate may be a codefendant
or a plaintiff. Since most
communication is now via
email, documented
communication via audit
trailed email can be the best
defense.
Internet secure email is the
preferred communication
channel. Any system that
claims to be a solution by
enabling HIPAA compliance via
secure email through compliant
communication and document
delivery must cover every
point under HIPAA 164.306 and
165.308
For more information, contact
Greg North - HIPAA News
Organization.
editor@hipaanews.org
HIPAA News is the leader in
the latest HIPAA regulatory
information.
