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Kirk Nahra Comments on New HIPAA Audit Protocol

Healthcare Info Security
April 6, 2016

Kirk J. Nahra, chair of Wiley Rein’s Privacy Practice and co-chair of the Health Care Practice, was quoted in a HealthcareInfoSecurity.com article about the U.S. Department of Health and Human Services’ (HHS) Office for Civil Rights publishing a revamped protocol for use in phase two of Health Insurance Portability and Accountability Act (HIPAA) compliance audits of covered entities and business associates this year.

“The audit protocol is a very useful tool for any company to use in evaluating their overall compliance status and their ability to do well in an audit or investigation,” Mr. Nahra said. “It also will be very intimidating, as the protocol is incredibly detailed and granular, far beyond what many companies will have in place, particularly on elements that seldom come into play—for example policies relating to individuals who have been dead more than 50 years.”

Mr. Nahra pointed out that while the tool will likely be useful to HHS for knowledge-gathering purposes, he concluded, “I suspect few companies—even those with very strong compliance—will be able to meet all of the detailed elements of each rule spelled out by this protocol.”

To read the complete article, please click here.