Serious Legal and HIPAA Consequences of Improper EMR-EHR Usage

Recorded Webinar | Brian L tuttle | From: Feb 09, 2021 - To: Dec 31, 2021

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I will address specific litigated cases I have worked on where the covered entity had to pay out nasty fines to the Federal government and high settlements to patients affected by inappropriate usage of the EMR system.

I will also address situations where the covered entity DID NOT receive any fines or judgments (even in the event of a breach or malicious actions) due to the fact they were using the systems in a "compliant manner".

I will also be addressing how practice managers (or compliance offers) need to understand how to properly utilize the EMR system for HIPAA compliance. I will also address major changes under the Omnibus Rule and any other applicable updates for 2021 and beyond. There are an enormous amount of issues and risks for covered entities and business associates these days. I will speak on specific experiences from over 17 years of experience in working as an outsourced compliance auditor, expert witness on multiple HIPAA cases, and thoroughly explain how patients are now able to get cash remedies for wrongful disclosures of private health information. More importantly, I will show you how to limit those risks by simply taking proactive steps and utilizing best practices.

Areas Covered in the Session:-

  • Proper Use of the EMR
  • Real Scenarios of Litigation due to Improper Usage of EMR
  • Things to Remember when Using the EMR
  • Training Staff on EMR Usage
  • System Auditing and the Importance of this
  • Updates for 2021
  • Fines
  • Real Life Audits and Litigated Cases
  • Business Associates and the Increased Burden
  • Breach Notification
  • Risk Factors

Why should you Attend?

  • EMR systems may be "HIPAA Compliant" out of the box but if not utilized properly they are NOT compliant
  • Are you using your EMR system the way it should be utilized for HIPAA Compliance?
  • Are you aware there are serious legal consequences for improper usage of EMR systems?
  • An analogy would be, General Motors makes a car with a 5-star safety rating but if you don't fasten the seatbelt, the car isn't very safe anymore
  • Omnibus has changed the HIPAA landscape for good
  • This once rarely enforced law has changed and you need to know what's going on
  • Protect your practice or business
  • These day's trial attorney's pose a higher risk than the Federal government
  • State laws are now in place increasing liability for patient remedies
  • What factors might spurn a lawsuit or a HIPAA audit? are you doing these things?
  • EMR system usage plays a HUGE role in HIPAA enforcement as well as court litigation against the practice

Who Will Benefit?

  • Practice Managers
  • Any Business Associates who work with Medical Practices or Hospitals (i.e. Billing Companies, Transcription Companies, IT Companies, Answering Services, Home Health, Coders, Attorneys, etc)
  • MD's and other Medical Professionals

Brian L tuttle

Brian L Tuttle, CPHIT, CHP, CBRA, Net+, A+, CCNA, MCP is a Certified Professional in Health IT (CPHIT), Certified HIPAA Professional (CHP), Certified HIPAA Administrator (CHA), Certified Business Resilience Auditor (CBRA), Certified Information Systems Security Professional (CISSP) with over 18 years' experience in Health IT and Compliance Consulting. With vast experience in health IT systems (i.e. practice management, EHR systems, imaging, transcription, medical messaging, etc.) as well as over 18 years’ experience in standard Health IT with multiple certifications and hands-on knowledge, Brian serves as compliance consultant and has conducted onsite and remote risk assessments for over 1000 medical practices, hospitals, health departments, insurance plans, and business associates throughout the United States. 

In addition, Mr Tuttle has served in multiple litigated court cases serving as an expert witness offering input related to best practices and requirements for securing and providing patient access to protected health information. Mr. Tuttle has also worked directly with the Office of Civil Rights (OCR) both in defending covered entities and business associates as well as being asked by the Federal government to audit covered entities and business associates on behalf of the OCR. Almost all of Brian’s clients are earned by referral with little or no advertising.