Fisher Phillips Offers HIPAA Privacy And Security-Compliance Program

(Benefits Update, No. 4, November 2009)

In response to many requests from our clients, Fisher Phillips has developed a HIPAA Privacy and Security Compliance Package to help "business associates" bring their entities into HIPAA Privacy and Security Rule compliance with a minimum of hype, legal expense and distraction before their February 17, 2010 compliance deadline.

Under the law, business associates include insurance brokers, certified public accountants, medical plan actuaries, consultants and other group health plan vendors. Our program provides step-by-step instructions, policies, forms and legal consultation so that the end results are compliance packages which business associates can price in advance and rely upon to meet all legal requirements.

A Tailored Approach

The HIPAA Privacy and Security Package is tailored so that business associates with less complex issues end up paying less than those with more complex needs. The Program is put together so the business associate pays only for the level of compliance necessary, given the specific circumstances.

All entities go through a "Level One" analysis, handled by telephone conference with one of our HIPAA specialists, for a flat $1,500 fee, to determine the level of compliance necessary to meet the applicable HIPAA Privacy and Security Rules. We have combined the Privacy and Security analysis into one telephone conversation.

For business associates with no access to "PHI" (protected health information) or "ePHI" (electronic protected health information), a Level One analysis will confirm that all the business associate needs to do is conduct periodic HIPAA reviews and complete business-associate agreements with any covered entity clients. In this case, the business associate pays no more and receives a model business-associate agreement and an opinion letter from Fisher Phillips advising that the entity is in compliance with HIPAA requirements.

If the Level One analysis establishes that further review and compliance is necessary because of the business associate's access to PHI or ePHI, the business associate pays an additional $3,000 flat fee to receive the necessary HIPAA Privacy and Security Package forms, policies and procedures, business associate agreement, Privacy Official job description, Security Official job description, written training materials (available by webinar for an additional fee), authorization forms and legal advice to meet the business associate's HIPAA Privacy and Security obligations.

For more information, contact a member of the Employee Benefits Practice Group at benefits@laborlawyers.com.