FAQ’S | FREQUENTLY ASKED QUESTIONS
1) Which training option is best suited for my organization?
That really depends on your operation. 90% of companies that have hired me have chosen the option to bring me to their facilities to personally interact with their employees. Many owners have said that by bringing someone in from outside of their company, especially with experience in the industry, that it not only showed the employees how important this topic is, but that it had a bigger impact on their employees than an owner just adding more expectations to them. However, because each operation is unique, I would love to assist you in determining which option might be best for you.
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2) What is a business associate?
A business associate (BA) is defined as a person or entity, in a role other than as a member of the covered entity's (CE) workforce, that performs certain functions or activities that involve the use or disclosure of protected health information (PHI), on behalf of , or provides services to, a covered entity. For more information, see 45 CFR 160.103. or visit www.hhs.gov.
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3) What are my legal obligations regarding the increasing liabilities that my clients want me to assume?
There are no requirements when it comes to how much liability you must assume for a client. You are certainly free to assume as much liability as you want to assume. However, sometimes a business decision may have to be made whether is really wise to assume an unreasonably high amount of liability based on the total annual amount of revenue a specific client generates. I can offer my opinions to you in an effort to help you in this process.
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4) How do I obtain "proof of a formal and documented training program"?
You can obtain this proof by hiring someone that can actually provide a quality education to your employees, from someone in the industry that understands how we do what we do. There are certainly plenty of web based training options available to you, and you can sit your people down in front of a computer to listen to one for a low cost. And as they are checking their emails or napping and not paying much attention to what is being taught, will you still feel comfortable that any risks will be lowered with what they have actually learned? I will provide a copy of the training session power point to each employee, a Certificate of Achievement for each employee, and copies of my CHP and CSCS certifications to you. You can share these with your clients, or potential clients, to provide reasonable assurances to them that you place importance on protecting their information!
There is more pressure than ever on BA's to provide reasonable assurances to our clients that we actually take information protection seriously. Another increasing trend has been that the requests for proposal (RFP) process now is asking potential BA's for proof of training prior to the actual selection of a service provider. This immediately can eliminate companies that they will choose from. You could "lose your seat at the table" before you even get a chance to sit down! Also being requested more frequently are policies and procedures that reference HIPAA and HITECH. CE's now want to ensure that a potential business associate's PnP's contain HIPAA/HITECH specific language. CE's are facing more pressure as a result of the laws, and this pressure is being passed down to us. Let me encourage you to make sure your company isn't missing out on new business opportunities simply because you cannot produce this documentation!
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5) Why should we consider your training over the others that are out there?
With more than 30 companies in the RIM industry that have trusted me with educating their employees, know that I take each opportunity very seriously. I feel a great responsibility to adequately provide a current, accurate, and quality training program for you and your employees. As an industry insider, I bring a unique perspective to how these laws impact our businesses. And, more importantly, your reputation and my reputation are both at stake. I can provide the names of many references and I would encourage you to talk to them. They have written the checks to pay for this, so their opinion regarding the value of this program is much more important than mine.
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