HIPAA Enforcement Under the Trump Administration

Conversations about the future of federal regulations such as HIPAA have been growing in the months since President Trump has assumed office.

With executive orders calling for limitations on existing regulations and a halt to the creation of new ones, health care professionals across the industry have been pondering the fate of the Health Insurance Portability and Accountability Act–or HIPAA.

The regulation has been in place since 1996, and since then HIPAA has undergone significant revisions and addendums.

HIPAA is comprised of a set of federal standards that outlines privacy and security measures that must be in place to safeguard health care data. The Department of Health and Human Services (HHS) Office for Civil Rights (OCR) is the overseeing body. Tom Price has been appointed the Secretary of HHS and Roger Severino was recently named the new Director of OCR.

But what is the current status of HIPAA enforcement under the Trump Administration?

HIPAA Under Trump

Since the start of 2017, there have been over $11 million in HIPAA fines. These fines were levied against various players in the health care market for violations of the Privacy, Security, and Breach Notification requirements of HIPAA regulation.

The fines are as follows:

That brings the fine total to $11,375,000 since the start of 2017 alone. Compare that to the $23.5 million levied in all of 2016 and the $6.2 million in all of 2015.

It’s yet to be determined whether the trend will continue, but so far enforcement efforts have actually been more extensive under Trump than during the Obama Administration. With a 400% increase in fines between 2015 and 2016, this year is set to be the most expensive for HIPAA fines since the regulation was first enacted.

Political focus around HHS has been primarily centered on health insurance reform. Because of that, a massive shakeup through the rest of HHS does not seem likely.

HIPAA doesn’t seem to be going anywhere in the years ahead. That’s why it’s more important now than ever before to address your behavioral health practice’s compliance to save yourself from these growing number of fines.

HIPAA Resources

Compliancy Group gives behavioral health professionals confidence in their HIPAA compliance with The Guard™. The Guard is a web-based HIPAA compliance solution, built by former auditors to help simplify compliance.

Compliancy Group’s team of expert Compliance Coaches™ field questions and guide users through the implementation process, taking the stress out of managing compliance. The Guard is built to address the full extent of HIPAA regulation, including fully automated documentation of policies, procedures, employee training, and remediation plans. The Guard includes policies and procedures that are uniquely tailored to the needs of your organization so you’ll never have to worry about the headaches that come with generic policy binders again.

With The Guard, behavioral health professionals can focus on running their practice while keeping their patients’ data protected and secure.

For more information about what you can do to protect your behavioral health practice, see these upcoming HIPAA educational webinars.

Find out more about how Compliancy Group and the HIPAA Seal of Compliance can help simplify your HIPAA compliance today!


Disclaimer: The views and opinions expressed in the article and on this blog post are those of the authors. These do not necessarily reflect the views, opinions, and position of the Telebehavioral Health Institute (TBHI). Any content written by the authors are their opinion and are not intended to malign any organization, company or individuals.



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2 comments on “HIPAA Enforcement Under the Trump Administration

    • Pamela,

      Thank you for the question. Our Legal/Ethical Issues I: Rules, Regulations & Risk Management course: https://telehealth.org/individual/201c/, you will find lots of ideas for how to develop your own compliance program. The thing is, you have to do it yourself.
      When you pay a group to do this kind of work for you, it does involve a fee. It may be impractical for independent practitioners. Sharing such expenses can be one of the benefits of partnering with other colleagues to form a group practice. That may or may not be feasible for everyone, either. The do-it-yourself approach does remain as a viable one, albeit a bit time-intensive, but doable.

      Buying HIPAA compliance kits from the national associations can also be a big help, and they are often in the $200-$300 range. They give you updated forms, etc.

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