Recently, the HHS finalized the Disincentives Rule, impacting how Medicare providers manage electronic health information (EHI).
Moreover, these providers must use HIPAA compliant emails to securely share EHI with patients and other healthcare professionals.
Unpacking the Disincentives Rule
The Disincentives Rule addresses information blocking, a practice that obstructs or delays the exchange of electronic health information (EHI). The rule targets Medicare providers, including clinicians, hospitals, and accountable care organizations (ACOs). Furthermore, it imposes penalties if Medicare providers are found to engage in such practices.
These providers must reassess their information-sharing practices to avoid penalties and maintain eligibility for financial incentives. Ultimately, the rule will enhance the accessibility and interoperability of health data, improving patient care and coordinating treatment.
How the Disincentives Rule impacts providers
Clinicians who commit information blocking will receive a zero score in the promoting interoperability category under the Merit-Based Incentive Payment System (MIPS). The zero scores will adversely affect their Medicare payment adjustments, potentially reducing provider compensation.
Hospitals and Critical Access Hospitals (CAHs) can lose their status as meaningful users of electronic health records (EHRs), disqualifying them from market-based monetary increases and impacting their reimbursement rates.
Accountable Care Organizations (ACOs) found guilty of information blocking will face a one-year exclusion from the Medicare Shared Savings Program (MSSP), losing potential shared savings revenue.
How HIPAA compliant emails can help
“When health information can be appropriately accessed and exchanged, care is more coordinated and efficient, allowing the health care system to better serve patients. But we must always take the necessary actions to ensure patient privacy and preferences are protected,” explains HHS Secretary Xavier Becerra.
HIPAA compliant emails streamline communication between providers, patients, and other stakeholders, ensuring all parties involved in patient care have timely and secure access to EHI.
Medicare providers must use HIPAA compliant emails to securely exchange EHI, like patient records, lab results, and appointment details, with patients and other covered entities.
HIPAA compliant emails can also help keep Medicare providers eligible for financial incentives and programs like MIPS and MSSP. These programs reward providers for delivering high-quality care, and secure communication helps them meet these standards.
Additionally, using HIPAA compliant emails helps Medicare providers avoid potential HIPAA violations and the associated penalties. HIPAA violations can result in substantial fines, legal actions, and damage to a provider's reputation.
Read also: How HIPAA compliance improves patient trust
FAQs
What are the penalties for HIPAA violations?
HIPAA civil penalties range from $100 to $50,000 per violation, with an annual maximum of $1.5 million. Criminal penalties can include fines up to $250,000 and imprisonment for up to ten years.
Additionally, violations can lead to reputational damage, scrutiny from regulatory bodies, and mandatory corrective actions to address compliance issues. Ultimately, providers must ensure HIPAA compliance to avoid these penalties.
What makes an email HIPAA compliant?
A HIPAA compliant email safeguards health information using encryption, access controls, and other security measures to prevent unauthorized access and potential data breaches.
More specifically, Paubox adheres to HIPAA's security standards and encryption protocols, safeguarding health information.
What measures can providers take to ensure HIPAA compliance?
Providers can implement administrative, physical, and technical safeguards (like using Paubox), conduct regular risk assessments, and provide staff training to maintain HIPAA compliance.
Read more: Top 5 reasons users choose Paubox for HIPAA compliant emails
