We have found some HIPAA Issues in Your Marketing
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Don't have a Business Associate Agreement With Your Marketer?
$500,000 fine and Corrective Action Plan for this Practice on December 4th, 2018.
In December 2018 this settlement was announced for a violation that occurred nearly 4 years back. “This case is especially troubling because the practice allowed the names of thousands of its patients to be exposed on the internet after it failed to follow basic security requirements under HIPAA,” said OCR Director Roger Severino.
Aa BAA is required by law for every subcontractor that handles your PHI. 
Most Marketers handle PHI.
Judge rules in favor of OCR and requires a Texas cancer center to pay $4.3 million in penalties for HIPAA violations
“OCR is serious about protecting health information privacy and will pursue litigation, if necessary, to hold entities responsible for HIPAA violations,” said OCR Director Roger Severino. “We are pleased that the judge upheld our imposition of penalties because it underscores the risks entities take if they fail to implement effective safeguards, such as data encryption, when required to protect sensitive patient information.”
Filming Patients: $2.2M Fine
Do you have the required authorization in place?

No - a standard media release is not a compliant authorization.
No Business Associate Agreement?

Small Pediatric Practice pays 31,000 fine for Breach at Business Associate. 
The Department of Health and Human Services’ Office for Civil Rights has sent another warning to Covered Entities about the need to obtain signed and compliant Business Associate Agreements with all vendors PRIOR to disclosing any protected health information.
Is your Marketing Firm Following HIPAA rules?

Do you have a Business Associate Agreement With Them? 
Making Money With HIPAA Complaints?
Whistleblower Laws Make it Possible!
Anyone can file a complaint if they believe there is non-compliance, and if your marketing portraits obvious non-compliance, what do you think will happen?

According to the False Claims Act (a government effort to recover damages) in a normal case they are entitled to 25-30 percent of the proceeds from the suit. In cases where the government steps in and takes primary responsibility for the suit, a whistleblower is only entitled to 15-25 percent of the proceeds.
HHS is required by law to investigate a complaint.
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