HIPAA Phase 2 Audits found widespread failure to meet the HIPAA Security Rule requirements for risk analysis and management. Since then, HHS OCR has released a host of guidance on meeting these requirements and has focused enforcement actions around risk analysis and management.
NEW YORK, Sept. 19, 2024 /PRNewswire-PRWeb/ -- Experts at Compliancy Group predict HHS OCR likely to focus HIPAA Phase 3 Audits on risk analysis and risk management.
In 2023, OCR launched a new enforcement initiative focused on compliance with the HIPAA security rule's risk analysis provision. Since then, OCR has conducted webinars and provided technical assistance to HIPAA-covered entities on this topic.
In 2024, OCR published a notice in the Federal Register seeking feedback from entities audited in the second phase of audits to gather information that could be used to improve OCR's future audit programs. This request for information may indicate that a third round of audits is on its way.
OCR announced that it would be sending a 39-question online survey to the Phase 2 auditees. OCR indicated that the survey would be used to:
- Measure the effect of the 2016-2017 Phase 2 HIPAA Audits on covered entities' and business associates' subsequent actions to comply with the HIPAA Rules.
- Provide entities with an opportunity to give feedback on the Audit and its features, such as the helpfulness of HHS' guidance materials and communications, the utility of the audit online submission portal, whether the Phase 2 audit helped improve entity compliance, and the entities' responses to the Audit-report findings and recommendations.
- Provide OCR with information on the burden imposed on entities to collect audit-related documents and to respond to audit-related requests.
- Seek feedback on the effect of the Phase 2 HIPAA audit program on the entities' day-to-day business operations.
While the update has not yet begun, and while there has been no formal announcement of a Phase 3 audit, there is a good chance, given the recent flurry of activity and focus on cybersecurity safety and on the risk analysis rule in particular, that a Phase 3 audit would prominently feature questions seeking to gauge covered entities' and business associates' Security Rule compliance, including compliance with the risk analysis rule.
Security Risk Assessment Resources
- HIPAA Security Risk Assessment eBook
- HIPAA Compliance Checklist
- How to Conduct a Security Risk Assessment
- HIPAA SRA Requirements
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SOURCE Compliancy Group
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