This HIPAA cartoon involves the notice of privacy practices (NPP) under HIPAA. HIPAA has a set of detailed requirements for the NPP. See 45 CFR 164.520 for the text of HIPAA’s requirement for NPPs.
The biggest challenge regarding privacy notices is that hardly anyone actually reads the notice, and notices are often a chore to read.
There is a Hobson’s choice when it comes to such notices, whether under HIPAA or otherwise. As I wrote in Privacy Self-Management and the Consent Dilemma, 126 Harvard Law Review 1880 (2013): “[M]aking [notices] simple and easy to understand conflicts with fully informing people about the consequences of giving up data, which are quite complex if explained in sufficient detail to be meaningful. People need a deeper understanding and background to make informed choices.” Sadly, there’s no easy way to win on this one.
This HIPAA cartoon involves confidentiality. There are countless cases of misdirected PHI that is emailed or faxed to the wrong people.
I recently created a new short course on HIPAA Confidentiality. You can learn more about it here.
Here’s a new HIPAA cartoon. This cartoon is about protected health information (PHI). In the HIPAA regulations, the definition of PHI is quite complicated, as it is splintered into at least three separate parts that appear in HIPAA’s definitions section. Pursuant to HIPAA, 45 CFR 160.103:
Health information means any information, including genetic information, whether oral or recorded in any form or medium, that:
(1) Is created or received by a health care provider, health plan, public health authority, employer, life insurer, school or university, or health care clearinghouse; and
(2) Relates to the past, present, or future physical or mental health or condition of an individual; the provision of health care to an individual; or the past, present, or future payment for the provision of health care to an individual.
This cartoon depicts the potential future of the Internet of Things. As more and more devices are connected to the Internet, including ones implanted in people’s bodies, increasing thought must be given to the privacy and security implications. The speed of technological development is moving at a far greater pace than the speed of policy thinking regarding privacy and security.
How will the security of new devices be regulated? The market doesn’t seem to be adequately addressing the security of the Internet of Things. Bad security in devices has externalities beyond the users, as devices can be used as part of botnets to attack other targets.
How will privacy be designed into devices? How will notice and choice work? When privacy is “baked in” to a device, do the engineers have a comprehensive understanding of privacy? How will consumers be able to understand and respond to these design choices?
Should there be special considerations for medical devices or any device that is implantable in a person?
We still await satisfactory answers to these questions . . . but the expansion of the Internet of Things isn’t waiting.
Here’s an earlier cartoon I created regarding the Internet of Things:
Misspelled words and bad grammar are tell-tale signs of phishing. Why don’t phishers learn spelling and grammar? Can’t they afford a copy of Strunk and White?
Phishers don’t need to spell better because their poorly-written schemes still fool enough people. It’s just math for the phishers — a numbers game. If you handle IT security at your organization, don’t assume that people won’t fall for obvious phishing scams — they do. That’s why it is essential to train people — again and again.
This cartoon is about snooping, one of the most common HIPAA violations. HIPAA prohibits accessing information that people don’t need to do their jobs. It can be easy to look at electronic medical records, and people who snoop in this way might not perceive it as wrong. But the cartoon invites people to imagine how creepy the snooping would appear if it were occurring right in front of patients. Computers remove the interpersonal dynamic, making it harder for people to fully appreciate the wrongfulness of their conduct.
Though the high-profile, celebrity snooping incidents garner all the media attention, smaller cases affecting everyday individuals make up the bulk of the cases and legal activity. A large number of inappropriate access claims involve people checking on protected health information (PHI) about family and friends. Snooping is not intended maliciously. Often a concerned staff member will access the patient records of a family member or acquaintance out of worry or concern. In one case, a nurse in New York was fired for disclosing a patient’s medical history to warn a family member who was romantically involved with the patient of the patient’s STD.
This cartoon depicts the way many people perceive HIPAA training. But it doesn’t have to be this way. When most people hear HIPAA training they prepare themselves to slog through a boring lecture filled with tedious legalese. Many have been subjected to hours of training that is overly technical, not useful for their jobs and not even close to being memorable. I designed my HIPAA training to be different. I believe that training should be fun and engaging. It should have personality. I avoid the wordy and needless filler material and focus on the key concrete things that people must know and do.
Here’s a cartoon on HIPAA and social media use to jump start your week. You can’t think enough about HIPAA these days. HIPAA audits are back, and OCR is having a vigorous enforcement year this year, something I plan to post about soon.
HIPAA is famously impenetrable, with so many special terms and definitions. I wrote this cartoon to capture the wonderful world of HIPAA jargon, which I hope fellow lovers of HIPAA can appreciate.
For those who want an introduction to HIPAA and how the Privacy Rule and the Security Rule work, I produced a series of courses on HIPAA for the American Health Information Management Association (AHIMA). Each course is approximately 1 hour long. The courses are:
• HIPAA Privacy: The Pillars of a Privacy Program
• HIPAA Privacy: Rights and Responsibilities
• HIPAA Security: Safeguarding PHI
They are available through AHIMA, but you can preview them on my site here.
These AHIMA HIPAA courses are not for the entire workforce — the courses are for personnel who focus on HIPAA compliance and need to understand the basics of how HIPAA works. My HIPAA training for the workforce is shorter as well as more basic and general.
I have another HIPAA cartoon here.
I have good news and bad news about ransomware. First, the good news — here’s a cartoon I created. I hope you enjoy it, because that’s the only good news i have. Now, for the bad news . . .
The Bad News: Be Afraid, Very Afraid
Everyone seems to be afraid of ransomware these days, but is the fear justified? Is ransomware more about hype than harm? Unfortunately, a recent study of international companies conducted by Malwarebytes provides some startling statistics to back up the fears. According to the study, 40% of companies worldwide and more than 50% of the US companies surveyed experienced a ransomware incident in the last year.
The stakes are very high — 3.5% of companies surveyed even indicated that lives were also at stake which was exemplified by a recent attack in Marin, California where doctors lost access to patient records for over 10 days.