New York is the first state to require all healthcare workers, who have direct patient contact at hospitals, hospices, health centers or even home care, to get flu shots – both the seasonal flu and the H1N1 when it becomes available in October.

The logic used here is based on the fact that traditionally only about 50 percent of all healthcare are vaccinated during a normal flu season, even though their patients, obviously have a tendency to be more susceptible to the complications of the flu.

Additionally, the Hospital Corporation of America is requiring 120,000 employees to be vaccinated as well as MedStar with 25,000 employees. These required inoculations are being met with resistance on health, religious and civil rights grounds. The New York State Health Commissioner stated that “The patient’s well-being comes ahead of the personal preferences of healthcare workers.”

This philosophy has caused great concern throughout the entire healthcare industry especially since the Secretary of Health and Human Services has stated the “this is a voluntary vaccine.”

This is an ongoing issue – please check to see how this affects you.

Health Compliance Team
Post Office Box 472
Central Valley, New York 10917
Tel. 845-460-3034
Toll Free 800-724-1263
Fax: 845-928-1315
sales@healthcomplianceteam.com
www.healthcomplianceteam.com

HITECH rules, which are currently being promulgated by HHS, will place more responsibilities on covered business entities and their business associates. On August 18, a new regulation will go into effect which requires covered entities and their business associates to provide notice of breaches or unauthorized disclosures of protected health information (PHI) within 60 days. Covered entities would be required to provide notification to the breached individuals, HHS and in cases where 500 or more people are affected, to the media outlets. HHS has created a “safe harbor” if specific methodologies and technologies are used to secure information.

All covered entities should, at this time, review their safeguards, training and documentation in order to guarantee the entities’ compliance with all of these rapidly changing regulations.

By February 2010, HHS will release a number of specific modifications to HIPAA with regards to electronic transmission of PHI. These will involve additional disclosure accountability, extensions of the HIPAA rule for business associates, tighter PHI controls and a number of additional modifications.

It is incumbent on all providers to closely monitor these regulations as they come in to effect.

Dr. Donald Cohen is a licensed practicing dentist in New York State for over thirty years with over 20 years of teaching experience at Columbia University SDOS and over 20 years as an Attending Dentist at Columbia Presbyterian Hospital in New York City. He is past president of the New York State Society of Dentistry For Children and is currently Director of Compliance for Health Compliance Team Inc., a national compliance company delivering total on-site compliance solutions to dental offices and numerous seminars. Additionally, he is a Consultant to Henry Schein Inc. in practice transitions and compliance.