HiPAA/HITECH
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Who Needs patient data protection
There are two primary components of HIPAA to understand in regard to your information security obligations. These components are commonly referred to as the Privacy Rule and the Security Rule.
These rules apply to “covered entities” (as defined by 45 C.F.R. § 160.103), which include:
- Health plans (e.g., health insurance companies, HMOs, employer health plans, government programs)
- Health care clearinghouses (i.e., those organizations that process health information they receive from another organization)
- Health care providers who transmit any health information in electronic form in connection with certain financial and administrative transactions, such as electronic billing and fund transfers (e.g., doctors, clinics, psychologists, dentists, chiropractors, nursing homes, pharmacies)
Protect Your Patients’ Data and your reputation
The Health Insurance Portability and Accountability Act (HIPAA) and the Health Information Technology for Economical and Clinical Health (HITECH) Act require health care organizations to comply with federal standards when handling and transmitting patient data.
An effective information security program depends on both technology and operational practices. Technologies such as servers, networking components and applications require secure implementation to reduce vulnerabilities and protect sensitive information, as well as meet HIPAA and HITECH mandates for security.
The Privacy Rule
The Privacy Rule regulates the use and disclosure of Protected Health Information (PHI) in both paper and electronic formats. The U.S. Department of Health & Human Services (HHS) states that the Privacy Rule requires:
Notification
Notifying patients about their privacy rights and how their information can be used.
Adoption
Adopting and implementing privacy procedures for its practice, hospital, or plan.
Training
Training employees so that they understand the privacy procedures.
Designation
Designating an individual to be responsible for seeing that the privacy procedures are adopted and followed.
Security
Securing patient records containing individually identifiable health information so that they are not readily available to those who do not need them.
The Security Rule
Confidentiality
Ensure the confidentiality, integrity, and availability of all e-PHI they create, receive, maintain or transmit
Identification
Identify and protect against reasonably anticipated threats to the security or integrity of the information
Protection
Protect against reasonably anticipated, impermissible uses or disclosures
Compliance
Ensure compliance by their workforce
HITECH
The HITECH Act extends HIPAA’s privacy and security requirements to business associates and augments notification requirements when PHI is breached or disclosed.
- For breaches that affect 500 or more individuals, organizations must notify affected individuals, the HHS and the media.
- For breaches that affect less than 500 individuals, organizations must notify the HHS annually.
What we do for your company
To demonstrate compliance with HIPAA and HITECH, Sikich works with your team to:
- Facilitate a risk assessment identifying the impact of potential risks and implemented countermeasures
- Perform a specialized IT audit that benchmarks your organization against the HIPAA/HITECH requirements to identify any gaps with your current compliance
- Provide remediation guidance to help you meet your privacy and security obligations
- Create a breach notification plan to establish proper procedures and reporting requirements in the event of a data breach
Our Assessment covers the following areas
After we have assessed these four major areas, we will provide a final report that outlines the HIPAA/HITECH requirements and your compliance with the specific requirements applicable to your organization
- Facility Access Controls
- Workstation Use
- Workstation Security
- Device and Media Controls
- Security Management Process
- Assigned Security Responsibility
- Workforce Security
- Information Access Management
- Security Awareness and Training
- Security Incident Procedures
- Contingency Plan
- Evaluation of Requirements
- Business Associate Contracts and Other Arrangements
- Access Controls
- Audit Controls
- Integrity Controls
- Person or Entity Authentication
- Transmission Security
- Written Security Policies and Procedures
- Written Records of Required Actions, Activities or Assessments
- Review and Update