In 7 Days An Unencrypted Email from a Client Could Destroy Your Business

Resources to help you – HITECH Survival Center

Memo To: Brokerage firm C level executives, owners and partners

If you are compliant and ready for 2.17.2010 stop reading here.

If you are not compliant then are you not  paying attention or simply clueless about what is just over the horizon and means to the firm you are responsible for?

Have you assigned getting compliant to one of your account managers, a secretary or a junior consultant? How are they doing?

HIPAA HITECH Judgment Day is just 8 days away and while the Terminator may not show up in your office that day when the first census, claim listing or unencrypted PHI arrives in your office from a client or prospect, or is sent out by your employees, you will have violated Federal Law and be subject to penalties up to $1.5 Million.

That’s right if you have not put in place your policies, procedures, put in email encryption, educated your employees, communicated with your clients and updated all your BA agreements (and more) with them you are essentially “willfully negligent” under the law.

You will have had a full year to address the new HITECH provisions and get compliant with HIPAA and done nothing, something or less than enough and exposed yourself to the full force of both state and Federal law as well as giving your state attorney general a bullseye on your back for action.

For people leading a risk management business your have left your firm naked to this risk, which E&O policies do NOT cover.

The fines would be bad enough but if publicity gets out on your lack of compliance you might as well close up shop.

Do you realize that you have to log and/or report all breaches of your own AND from your clients?

Or that if a real breach occurs of over 500 lives that you must report it yourself to all your local media outlets?

Better yet you have given your competitors the ammunition to attack your business and steal your clients.

One last thing did you know that a whistleblower, like a disgruntled employee, gets a bounty for turning you in if there is a penalty levied? So does  your attorney general. HHS/OCR will be funding compliance with fines levied.

In 8 days unless you are compliant this can all happen to you…

Solutions are available to help you quickly and cost effectively and email encryption can be in place in a few days for a very reasonable cost.

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