Subject:
Title
Resolution declaring Pinellas County Government as a hybrid entity for Health Insurance Portability and Accountability Act.
label
Recommended Action:
Recommended Action
Adoption of the Health Insurance Portability and Accountability Act (HIPAA) Resolution.
• This resolution designates Pinellas County Government as a HIPAA hybrid entity and identifies the specific departments, divisions, and programs that serve as healthcare components covered entities and business associates. Healthcare components must maintain HIPAA compliant procedures, to safeguard protected health information and appoint a HIPAA Privacy and Compliance Officer.
• Effective immediately upon adoption this resolution authorizes the County Administrator to modify healthcare component and business associate designations as organizational changes occur and supersedes all prior hybrid entity designations.
• Federal HIPAA regulations establish standards for compliance by covered entities and business associates. Several Pinellas County departments function as health care providers or health plans and therefore qualify as healthcare components, while others operate as business associates because they handle PHI in support of those components.
• The County previously designated itself as a HIPAA Hybrid Entity in 2003, with an amendment in 2010 to reflect departmental restructuring. A recent review determined that further updating the County’s Hybrid Entity designation would best serve the public and ensure compliance with applicable laws. The County now seeks to formally ratify and restate its Hybrid Entity status, identifying the healthcare components and business associates responsible for HIPAA compliance.
• The County Attorney’s Office confirmed that no public hearing or advertisement is needed for this resolution.
• This resolution, by itself, has no fiscal impact on Pinellas County. No funding will be allocated towards this resolution.
Body
Strategic Plan:
Health and Safe Communities
2.1 Improve better health.
2.2 Enhance community safety.
Smart Service Delivery
4.2 Achieve and maintain a high level of customer satisfaction.
4.4 Pursue continuous improvement.
Summary:
Summary
This resolution declares Pinellas County Government a hybrid entity for Health Insurance Portability and Accountability Act (HIPAA) purposes, identifies the healthcare components included in that designation, adopts and implements policy and provides an effective date.
The following departments, divisions or agencies are designated as covered entities or business associates:
Pinellas County Healthcare Component Covered Entities
• Safety and Emergency Services Department
• Components of the Human Services Department that operate the Pinellas County Health Program and Pinellas County Health Care for the Homeless Program.
• Pinellas County’s employee health benefits plan (including medical, pharmacy, dental, vision, behavioral/mental health, and EAP) administered by the Pinellas County Human Resources Department.
Pinellas County HIPAA Business Associates
• Pinellas County Clerk of the Circuit Court Records Management Department
• Pinellas County Business & Technology Services (BTS)
The resolution affirms that all remaining County entities perform non-covered functions; requires healthcare components to maintain HIPAA compliant policies, procedures, and protected health information (PHI) safeguards; authorizes the County Administrator to modify designations as organizational changes occur; mandates each department to appoint a HIPAA Privacy and Compliance Officer; and supersedes all prior hybrid entity designations, effective immediately upon adoption.
Body
Background Information:
The 1996 Health Insurance Portability and Accountability Act (HIPAA) and its implementing regulations in the Code of Federal Regulations (CFR) establishes standards, requirements and implementation specifications for compliance by all parties designated as either covered entities or business associates.
Several County departments and agencies qualify as healthcare components making the County a covered entity under HIPAA because they function as health care providers or health plans, while others may be considered business associates because they regularly receive, create, maintain, use, or disclose individually identifiable PHI in support of those healthcare components.
On April 11, 2003, a County Administrator memo to all departments previously designated itself as a HIPAA Hybrid Entity, with an amendment in January 21, 2010 to reflect restructuring of County Departments. A recent review determined that further updating the County’s Hybrid Entity designation would best serve the public and ensure compliance with applicable laws.
Fiscal Impact:
There is no fiscal impact.
This agreement by itself, has no fiscal impact on Pinellas County.
Staff Member Responsible:
Karen Yatchum, Director, Human Services
David Hare, Interim Director, Safety and Emergency Services
Wade Childress, Chief Human Resources Officer
Partners:
Not applicable
Attachments:
Resolution