Tag Archives: finable offenses

Pennsylvania Dentist Suspended for Infection Control Negligence. Patients Encouraged to get Viral Testing

 

SHAMOKIN– Dr. Vincent Paczkoskie , a dentist in Shamonkin, PA practicing for over 40 years, has had his license suspended after Pennsylvania State Health Officials found he did not follow appropriate protocols to sterilize and disinfect instruments.  Inspectors found several violations including:  No evidence of instruments being sterilized during several weeks in June  2014, not having a contract with a Bio-Medical Waste Disposal Company and several other procedural  issues with regards infection control in the office.

Currently there are  no reports of patients being infected with life threatening viruses but the Pennsylvania  Department of Health is recommending current and former patients be tested for Hepatitis B, Hepatitis C, and HIV.

https://on.aol.com/video/dentist-accused-of-exposing-patients-to-hiv-518272335

Written by Jill Obrochta and Heather Whitt of Dental Enhancements.

 

The Top (10) items to have ready for a HIPAA Auditor

 

With the sweeping changes that came forth as a result of HIPAA Omnibus Rule (due in place in all healthcare facilities by September 23, 2013), there are some definite items you will want to have ready for any impromptu HIPAA audit. As of January 2014, a federal HIPAA taskforce has been out and about enforcing the new HIPAA Omnibus Rule. Non-compliance can get you into hefty fines (ranging from $10K-1.5M) and a HIPAA audit that can range from 3 – 18 months’ time, continually managed by the HIPAA auditor. Don’t get caught unprepared!

Here are our top 10 recommendations to be looking good during any audit.

1.   Have your team trained to HIPAA Omnibus Rule Standard with proof-of-training

2.   Have a new HIPAA manual written to the new Omnibus Rule Standard

3.   Have required Business Associates Agreement signed by your vendors and on file

4.   Update and utilize a new Patient Acknowledgement Form written to the New Omnibus Rule Standard

5.   Display the new Notice of Privacy Practices in your office and on your website

6.   Complete your Data Backup and Contingency Plan in written format

7.   Make sure you are encrypting outgoing email

8.   Make sure your data backup is offsite and encrypted (cloud off site streaming is preferred)

9.   Implement all protocols regarding Protected Health Information (PHI) within your office

10.Get help from an expert HIPAA coaching service if you are overwhelmed

 

 

Don’t wait for that dreaded phone call or visit from a Federal HIPAA Auditor, make sure you choose a HIPAA coaching service that will give you comprehensive training protocols. We love the comprehensive 2014 HIPAA Omnibus Rule Complete Compliance Package.  Get hip to HIPAA, it’s the law!

Written by Jill Obrochta and Heather Whitt

Top 10 items to have ready for any OSHA inspection

 Make sure you are prepared for Mr. OSHA inspector. These are the top 10 things that most OSHA inspectors will look for:

       1.   Your annual OSHA employee proof-of-training certificate

       2.   Other OSHA required paperwork and records

       3.    Proof of GHS Training Certificate

       4.   Biohazard receipts (for the past 3 years)

       5.   3rd party Spore Strip Test Reports

       6.    Updated OSHA Manual written to GHS (Global Harmonization System) Standard

       7.   Small red bag in every operatory

       8.   Small red sharps container in every operatory

       9.   All team have access to and should be wearing long sleeved labcoats

     10.    No food or drink outside of designated break room

Of course there are many other areas of OSHA compliance. Best practices would be to hire a competent OSHA compliance training company that will make your office compliant in these 3 areas:

1.   Annual OSHA employee training

2.   All required paperwork and manuals

3.   Customized Facility Report

You will also want to have ongoing communication with their OSHA experts. Our favorite program is the Initial Annual OSHA Employee Training Package or the All in One OSHA Training Package.

Don’t be caught unprepared, make sure your training company has your back.

 

Written by Jill Obrochta and Heather Whitt of Dental Enhancements

HIPAA Audits: Fact or Fiction?

Is Mr. HIPAA Auditor really out there enforcing compliance? The fact is, he may be closer than you think. With the sweeping changes regarding HIPAA Omnibus Rule, tolerance for non-compliance is next to zero. If you have not completed your training to Omnibus Rule Standard, you may be in the dark, but ignorance in this case is NOT bliss! There are numerous forms, extensive protocols that were due in place in your dental office by September 23, 2013. There is no grace period, and there is no “I’ll get to later” attitude tolerated. This is a pressing issue and should be a priority- NOW! The key to a smooth transition into HIPAA Omnibus Rule compliance is a comprehensive, economical, and easily implemented HIPAA Omnibus Rule Training Program. Seeking this training from a reputable,  knowledgeable company is a must.

Still not convinced this should be priority one in your dental office? Not sure if compliance to HIPAA Omnibus Rule is actually enforced? Allow us to present to you some recent actions as a result of non-compliance according to HHS.gov:

 

1.   “The Hospice of Northern Idaho (HONI) has agreed to pay the U.S. Department of Health and Human Services (HHS) $50,000 to settle potential violations of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Security Rule.  This is the first settlement involving a breach of unsecured electronic protected health information (ePHI) affecting fewer than 500 individuals.”

2.   Alaska Department of Health and Human Services (DHHS) has agreed to pay the U.S. Department of Health and Human Services’ (HHS) $1.7 million to settle potential violations of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Security Rule.  Alaska also agreed to take corrective action to improve policies and procedures to safeguard the privacy and security of its patients’ protected health information. OCR’s investigation followed a breach report submitted by Alaska DHHS as required by the Health Information Technology for Economic and Clinical Health (HITECH) Act.  The report indicated that a portable electronic storage device (USB hard drive) possibly containing ePHI was stolen from the vehicle of a DHHS employee.  Over the course of the investigation, OCR found that DHHS did not have adequate policies and procedures in place to safeguard ePHI.  Further, DHHS had not completed a risk analysis, implemented sufficient risk management measures, completed security training for its workforce members, implemented device and media controls, or addressed device and media encryption as required by the HIPAA Security Rule.”

3.   Idaho State University (ISU) has agreed to pay $400,000 to the U.S. Department of Health Human Services (HHS) for violations of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Security Rule.  This settlement involves the breach of unsecured electronic protected health information (ePHI) of 17,500 individuals who were patients at an ISU clinic.”

 

If you think your practice is under the radar, think again! HIPAA audits can be kicked-off by disgruntled employees, HIPAA-savvy patients, or perhaps another healthcare provider who may make a complaint. The government is obligated to investigate every complaint, even if suspected untrue.

HIPAA Omnibus Rule is not going to go away, a HIPAA compliance company that will guide you through the twists and turns of compliance will be your greatest asset to protect your practice. Look for a compliance training company that will be your advocate in this cumbersome process. A company that will make compliance easy and stands by you when you need them to. Don’t leave yourself open and ripe for the picking!

 

Written by Jill Obrochta and Heather Whitt of Dental Enhancements

 

Dental Office OSHA: 3 Key Factors to Success

 

Creating an OSHA Compliance Program for your dental office can be a daunting task.  If the thought of implementing or updating your OSHA program makes you cringe, want to pull your hair out or quit your job….Hang-in there, there’s help!

The key is to choose an OSHA Compliance Training Company that is comprehensive, hands-on with the required protocols and easy-to-work-with.  You want an OSHA Company that is “on your side” not policing for osha.gov.  Below are (3) Key Factors to keep in mind when creating or updating your dental office OSHA program:

 

1.    Be Sure your Program is Comprehensive:  In the recent year, there were sweeping changes with regards to OSHA compliance.  In 2013, OSHA mandated that dental offices begin to implement the Global Harmonization System (GHS).  This means that by December 1, 2013 you should have at least had your team trained to the GHS-Standard and be able to show proof of this training.  OSHA manuals will need to be updated to the GHS standard as well as your employee paperwork.  Proof-of-GHS-Training is a requirement, so you will want to have a GHS-Certificate or its equivalent.  Make sure to choose a comprehensive GHS training solution.  It will make your life with this new protocol logical and less stressed!

 

2.   Work with OSHA Experts:  New protocols?!!  Uggh!… that’s enough to realize:   “You don’t know what you don’t know…(but you need to!)  And Mr. OSHA Inspector….doesn’t care!”  Don’t risk being caught-up in an OSHA inspection and being called-out on not having these important and cumbersome new protocols in place.  It’s not worth the time and aggravation a prolonged OSHA Inspection is sure to bring. Choose an OSHA compliance company that will have your back and make it easy. (We love one in particular!)

 

3.   Update, Update, Update!  It never ends!  No, I’m serious.  Just because you get the GHS Standards under-your-belt and in place within your dental office, don’t think the buck stops there!  Compliance will always come with updates.  It’s the name-of-the game.  Again, make sure you choose an OSHA Compliance Training Company that will be your “OSHA dental tooth fairy”.  One that will share updates with you throughout the year and also maintain an interactive relationship with you so you can be comfortable and confident in getting your OSHA groove-on.  (What do you think they will leave under the pillow?)

 

Remember these (3) factors are the key to your OSHA compliance success.  Don’t be fooled, it’s not that easy.  Go search-out your OSHA Tooth Fairy now!

 

Written by Jill Obrochta & Heather Whitt of Dental Enhancements.

Top (6) HIPAA Finable Offenses

Is your dental office ready for a HIPAA Audit?  Do you know what HIPAA Auditors will be looking for within your dental office?

HIPAA laws all changed as of September 23, 2013.  The new HIPAA Omnibus Rules can be overwhelming, confusing and difficult to implement. 

It’s important to get your entire team trained up on these new HIPAA Omnibus Rules and also be aware of what HIPAA Auditors will be checking for at your dental office.  Finding a HIPAA Compliance Training Company that will provide comprehensive insight on these new HIPAA laws is critical.  Listed below are HIPAA Auditors top (6) favorite finable HIPAA offenses:

1.        Implementing all new HIPAA Omnibus Rules within your office— This means having all new forms and written policies to the new HIPAA Omnibus Rule standard in place and functioning within your dental office.  This will include:  new Patient Forms, New Proof-of-Employee Training and even new Vendor Confidentiality Agreements to protect your patient’s private information.

2.       New HIPAA Manual written to the new Omnibus Rule Standards— With HIPAA laws changing to this new Omnibus Rule Standard all of your HIPAA  required forms and policies within your HIPAA Manual will need to be revised and updated.  Best to update and obtain a new one.  Also, keep in mind that several forms will need to be updated for patients, employees and vendors with regards to HIPAA.

3.       New HIPAA Omnibus Rule Forms— As aforementioned, you will need new forms for all patients to sign, a new notice of these HIPAA Omnibus Rules, and Business Vendors as well as Employees will need proof-of-acknowledgement that they understand how to handle and protect Patient Protected Heath Information (PHI).

4.       Daily Data Back-Up & Contingency Requirements—  This is a grey area that leaves a lot to interpretation.  But it is also one of the first areas that a HIPAA Auditor will look into.  Make sure you understand how to best have your data backed-up to the standard:  “Off-Site & Encrypted”.  Best Practices will have you backing up to a cloud that is either “live-cloud streaming” or “snapshot” of your important business and patient data.  Talk to a HIPAA internet expert to make sure you get this one right!

5.       Encryption on Out-Going Emails from your office— If your office uses outgoing email accounts like:  Gmail, Hotmail, Yahoo or Aol, and you send patient info within these emails, you will need to add an encryption software to your outgoing emails.  Your current dental software provider,  dental supplier or IT tech can help you secure this HIPAA required service.  Good news is that is does not cost much.  Usually just $2-$3 per month.

6.       Updates to your Microsoft XP Software— As of April 8, 2014 dental offices using Microsoft XP will no longer be HIPAA compliant.  Microsoft will stop providing free updates forcing dental offices to comply with the new Federal Standards.   If you are using computers within your dental office, you must have HIPAA compliant software operational within your office.  Upgrading to Windows 7 or 8 will do the trick.  These are written to the new HIPAA compliance standard.  

How do you feel now?  Are you HIPAA Auditor ready?  If not, stop stalling!  Find a HIPAA Expert that can help you scrutinize your HIPAA protocols and provide all of the forms, training and guidance you will need.  Get “hip” to the new HIPAA Omnibus Rules.

Written by Jill Obrochta and Heather Whitt of Dental Enhancements.

Top (5) OSHA Finable Offenses

 

Are you OSHA inspection ready?  Do you know what OSHA inspectors will be looking for within your dental office?

It’s not only important to train your employees annually on OSHA Laws, it’s important to be aware of and prepared of OSHA inspector check-points.  Working with an OSHA Compliance Training Company that will provide insider tips for what OSHA inspectors focus on is critical.  Listed below are the top (5) finable OSHA offenses that are scrutinized most often within the dental office:

1.        Annual OSHA Employee Training—Make sure you sign up with a company that can provide reminders of the date you are due to re-train annually or one that has an OSHA Renewal Program.

2.       New OSHA GHS Proof-of-Training Requirement— GHS (Global Harmonization System) is a new federal mandate that standardizes chemical safety within the workplace.  All United States work facilities that have/ use hazardous chemicals or professional products needed to be trained in GHS with proof of this training by December 1, 2013.  If you are not yet trained in this OSHA /GHS area of compliance make sure to choose a simple yet comprehensive GHS Training solution.

3.       OSHA Manual written to the new GHS Standard— With the change in law to this new GHS Standard all of your OSHA paperwork, required forms and even the written standards  within your current OSHA manual will change.  Best to update and obtain a new one.

4.       OSHA Updated Employee Paperwork— There are (5) required documents for each employee in your dental office to sign and have on file.  Make sure again, that these are written to the new GHS Standard.  Need help?  Work with a knowledgeable and reliable OSHA Compliance Training Company that will supply all of these forms.

5.       Third Party Biological Testing— Most States require weekly testing of your heat sterilizer. (Exceptions are Arkansas & Florida which require proof-of-testing every 40 hours that you run your sterilizer).  The tricky part here is that if you have a failure, you must provide written proof that your sterilizer, and an alternate sterilizer prove the consistency of the failure.  Ugggh…this is enough to make your head spin.  Find and use a Third-Party Biological Monitor Testing company and have them send you official reports.  Save these on file for 3 years for your OSHA inspectors.

Of course there are many other considerations and regulations to follow.  Work with an OSHA Compliance Training Company that will provide an assessment of your facility and supply you with a customized report and recommendations for rectifying any of your non-compliant areas. 

So, what do you think?  Are you OSHA Inspection ready after reading this?  If not, stop procrastinating and find an OSHA coach that can help you scrutinize your OSHA status and let you get back to the art of dentistry.

Written by Jill Obrochta and Heather Whitt of Dental Enhancements.