If you are like anyone else I have to bet you think of a hippo when you read the word HIPAA. HIPAA is one of the easiest acronyms to include in your daily speak. Much like other acronyms that just become words, called apronyms (look it up).
HIPAA stands for the Health Insurance Portability and Accountability Act, which was enacted by the U.S. Congress in 1996. The act was created to protect the privacy and security of individuals’ personal health information (PHI) and to establish standards for electronic healthcare transactions.
HIPAA applies to all healthcare providers, including doctors, hospitals, pharmacies, and health insurance companies, as well as their business associates, such as billing companies and IT service providers. HIPAA compliance is mandatory for covered entities and business associates, and failure to comply with the regulations can result in hefty fines and legal consequences.
There are actually many types of companies providing services such as data storage, analytics, marketing, billing, collections and practice management that are receiving PHI from a Covered Entity and are responsible to protect PHI under the HITECH act. The HIPAA/HITECH act is enforced by the US Office for Civil Rights (OCR) through a required notification, audit and fine program. If a Covered Entity or Business Associate does not have appropriate controls in place to protect PHI a breech of this information can occur and fines will be assessed by the OCR.
What is HITECH? The Health Information Technology for Economic and Clinical Health (HITECH) Act of 2009 is a federal law that encourages healthcare providers to adopt electronic health records (EHRs) and improve patient-protected health information security. The HITECH Act is actually an expansion of the HIPAA Rule. Both HIPAA and HITECH are frequently used together when discussing risk in healthcare.
One of the main components of HIPAA compliance is protecting the confidentiality of PHI. Covered entities and business associates must implement administrative, physical, and technical safeguards to protect the privacy and security of PHI. This includes restricting access to PHI to only those who need it to perform their job functions, implementing encryption and other security measures to protect PHI during transmission, and implementing procedures to detect and respond to security incidents.
- Physical Safeguards: Physical safeguards are measures put in place to protect the physical environment in which PHI is stored or accessed. This includes controlling physical access to PHI by implementing measures such as locks and security cameras, ensuring that workstations are in secure locations, and providing employees with secure storage for mobile devices that contain PHI. Physical safeguards also include implementing policies and procedures for the disposal of PHI, such as shredding or securely deleting electronic records.
- Technical Safeguards: Technical safeguards involve the use of technology to protect the confidentiality, integrity, and availability of PHI. This includes implementing access controls to ensure that only authorized individuals can access PHI, implementing encryption and decryption mechanisms to protect PHI during transmission, and regularly backing up and testing data to ensure its availability in the event of a disaster or other emergency.
- Administrative Safeguards: Administrative safeguards are policies and procedures put in place to manage the selection, development, implementation, and maintenance of security measures to protect PHI. This includes implementing workforce security measures, such as conducting background checks on employees and training employees on HIPAA compliance, as well as implementing contingency planning measures to ensure that PHI is protected in the event of an emergency.
By implementing physical, technical, and administrative safeguards, covered entities and business associates can help ensure the confidentiality, integrity, and availability of PHI and comply with HIPAA regulations. For more detailed information on each of these safeguards, the U.S. Department of Health and Human Services offers a HIPAA Security Rule Toolkit on their website: https://www.hhs.gov/hipaa/for-professionals/security/guidance/index.html
It’s important to note that HIPAA compliance is an ongoing process and requires regular monitoring and review to ensure that safeguards are effective and up-to-date. Covered entities and business associates must also regularly conduct risk assessments, update privacy and security policies, and provide training to employees on HIPAA regulations to identify potential vulnerabilities and implement measures to address them.
Another important aspect of HIPAA compliance is providing patients with access to their own health information. Covered entities must provide patients with copies of their health records upon request and must also provide patients with the ability to request corrections to their health information if it is inaccurate.
For further information on HIPAA compliance, you can visit the official website of the U.S. Department of Health and Human Services, which provides detailed guidance on the regulations: https://www.hhs.gov/hipaa/index.html