1. © Clearwater Compliance LLC | All Rights Reserved Copyright Notice 1 Copyright Notice. All materials contained within this document are protected by United States copyright law and may not be reproduced, distributed, transmitted, displayed, published, or broadcast without the prior, express written permission of Clearwater Compliance LLC. You may not alter or remove any copyright or other notice from copies of this content. For reprint permission and information, please direct your inquiry to bob.chaput@clearwatercompliance.com bob.chaput@clearwatercompliance.com

2. © Clearwater Compliance LLC | All Rights Reserved Legal Disclaimer 2 Legal Disclaimer. This information does not constitute legal advice and is for educational purposes only. This information is based on current federal law and subject to change based on changes in federal law or subsequent interpretative guidance. Since this information is based on federal law, it must be modified to reflect state law where that state law is more stringent than the federal law or other state law exceptions apply. This information is intended to be a general information resource regarding the matters covered, and may not be tailored to your specific circumstance. YOU SHOULD EVALUATE ALL INFORMATION, OPINIONS AND ADVICE PROVIDED HEREIN IN CONSULTATION WITH YOUR LEGAL OR OTHER ADVISOR, AS APPROPRIATE. The existence of a link or organizational reference in any of the following materials should not be assumed as an endorsement by Clearwater Compliance LLC.

3. © Clearwater Compliance LLC | All Rights Reserved HIPAA Compliance BootCamp™ Wrap Up Bob Chaput 615-656-4299 or 800-704-3394 bob.chaput@ClearwaterCompliance.com Clearwater Compliance LLC 3

4. © Clearwater Compliance LLC | All Rights Reserved 4 Gregory J. Ehardt, JD, LL.M. HIPAA/Assistant Compliance Officer - HCA Adjunct Professor Office of General Counsel Idaho State University Bob Chaput, CISSP, CIPP/US CHP, CHSS CEO Clearwater Compliance Expert Instructors Elizabeth Warren, Esq. Partner Bass, Berry & Sims, PLC Mary Chaput, MBA, HCISPP, CIPP/US, CHP CFO & Chief Compliance Officer Clearwater Compliance Meredith Phillips, MHSA, CHC, CHPC Chief Information Privacy & Security Officer Henry Ford Health System David Finn, CISA, CISM, CRISC Health IT Officer Symantec Corporation

5. © Clearwater Compliance LLC | All Rights Reserved 30 Day Access, from today! Clearwater Expert Email | Phone | GoToMeeting All Clearwater HIPAA Compliance BootCamp™ Attendees 5 Clearwater HIPAA Mentor™ Contact: Bob Chaput – Bob.Chaput@ClearwaterCompliance.com Bob.Chaput@ClearwaterCompliance.com – I’ll assist you or connect you with an Expert

6. © Clearwater Compliance LLC | All Rights Reserved Our Overarching Mission 6 1.Complaint 2.Breach Notice 3.SAG HITECH Action 4.FTC Action 5.Whistleblower 6.State Action (e.g., DHCS) 7.OCR Audit http://www.hhs.gov/ocr/privacy/hipaa/enforcement/process/index.html Avoid the following…

7. © Clearwater Compliance LLC | All Rights Reserved Policy defines an organization’s values & expected behaviors; establishes “good faith” intent People must include talented privacy & security & technical staff, engaged and supportive management and trained/aware colleagues following PnPs. Procedures or processes – documented - provide the actions required to deliver on organization’s values. Safeguards includes the various families of administrative, physical or technical security controls ( including “guards, guns, and gates”, encryption, firewalls, anti-malware, intrusion detection, incident management tools, etc.) Balanced Compliance Program Four Critical Dimensions Clearwater Compliance Compass™ 7

8. © Clearwater Compliance LLC | All Rights Reserved 9 Actions to Take Now 8 4.Complete a HIPAA Security Risk Analysis (45 CFR §164.308(a)(1)(ii)(A)) 5.Complete a HIPAA Security Evaluation (= compliance assessment) (45 CFR § 164.308(a)(8)) 6.Complete Technical Testing of Your Environment (45 CFR § 164.308(a)(8)) 7.Implement a Strong, Proactive Business Associate / Management Program (45 CFR §164.502(e) and 45 CFR §164.308(b)) 8.Complete Privacy Rule and Breach Rule compliance assessments (45 CFR §164.530 and 45 CFR §164.400) 9.Document and act upon a remediation plan 1.Set Privacy and Security Risk Management & Governance Program in place (45 CFR § 164.308(a)(1)) 2.Develop & Implement comprehensive HIPAA Privacy and Security and Breach Notification Policies & Procedures (45 CFR §164.530 and 45 CFR §164.316) 3.Train all Members of Your Workforce (45 CFR §164.530(b) and 45 CFR §164.308(a)(5)) Demonstrate Good Faith Effort!

9. © Clearwater Compliance LLC | All Rights Reserved What is Your Organization’s Vision? 9 Marketing, Customer Service & Patient Safety Strategy HIPAA-HITECH Compliance Project Patient/Member Privacy & Security Program

10. © Clearwater Compliance LLC | All Rights Reserved Accretive Share Price & Story 10 July 2011 - Accretive employee’s laptop computer, containing 20 million pieces of information on 23,000 patients, was stolen from the passenger compartment of the employee’s car 7/31/2012 $2.5M MN SAG Settlement 1/19/2012 MN SAG Suit 12/31/2013 FTC Settle. 6/13/2013 Class Action Suit 03/14/2014 De-Listed NYSE 4/2/2013 CEO Replaced 8/26/2013 CFO Replaced 9/27/2013 $14M Class Settlement 01/2014 170 Job Cuts 4/13/2013 COO Replaced

11. © Clearwater Compliance LLC | All Rights Reserved Supplemental Materials 10-1.HIPAA Privacy Rule Requirements for Business Associates 10-2.HIPAA Security Rule Requirements for Business Associates FINAL 10-3.Special HIPAA Requirements for Group Health Plans and their Sponsors 10-4.Risky Business: How to Conduct a Bona Fide HIPAA Risk Analysis 10-5.HIPAA Compliance | Now Even More Critical for Third Party Administrators 10-6.HIPAA Compliance | Now Even More Critical for Managed Care Organizations 11