HEALTHCARE


Why is Information Security important in Healthcare?

The health care sector has a lot riding on keeping Protected Health Information (PHI) confidential and safe. Laws like HIPAA, the Health Insurance Portability and Accountability Act, put strict regulations on how the healthcare industry must treat confidential patient information, including with whom they can discuss and share it. HIPAA is designed to provide privacy standards that protect patients’ critical medical records and keep their personal information safe.

If you are a covered entity under HIPAA, you are required to make sure that your organization controls the use of regulated data internally and externally, that you manage security risks with a set of policies and procedures, and that you both identify and respond to security risks and incidents.

While the HIPAA regulations are more complicated than they seem at first, in the event your organization is audited, your goal is to show the auditor that you did everything you were required to by law and that you made the best decisions for the situation.

Understanding HIPAA

Take the necessary steps to ensure your organizations security.

What is HIPAA?

HIPAA became law in 1996 and developed criteria for protecting patient privacy and also created a system for recognizing and enforcing the rights of patients to protect their medical and personal privacy. In 2009, HIPAA was updated by the HITECH law, and in 2013 the governing body established the Omnibus Rule to implement HITECH. 


HIPAA is enforced by the Office for Civil Rights (OCR), which is a part of the Department of Health and Human Services (HHS). The HIPAA Act is one of the most vital elements of healthcare organizations today, and it applies to healthcare organizations as well as other organizations that handle sensitive patient data. There are penalties for not following the regulations and falling out of compliance.

Who Falls Under HIPAA?

HIPAA specifies who falls under the act and who does not by labeling covered entities in its writing. Covered entities are those that record, hold, transmit, or otherwise handle data that was, is now, or will be related to a health insurance transaction.


Organizations that fall under HIPAA regulations are divided into two categories:


  • Covered entity is the general term for healthcare businesses such as health insurers, health care providers, claims clearinghouses, etc., that participate in handling specific types of electronic insurance transactions. Nearly all organizations that take insurance are required to follow HIPAA, even if only a few of their patients use insurance.
  • Business associates are typically any organization that records, holds, transmits, or otherwise handles protected health information for a covered entity or other business associates. Business associates are required to formalize their relationships through a contract called a Business Associate Agreement or BAA.

Who is in charge of checking HIPAA compliance?

  • The Office of Civil Rights (OCR): The OCR is a part of the Department of Health and Human Services (HHS) and is in control of HIPAA regulations and compliance. In 2011 and 2012, HHS started a two-phase audit program. Phase one audited covered entities, and in 2016, phase two started auditing both covered entities and business associates. HHS conducts on-site and off-site audits where organizations can show proof of their compliance remotely.

  • Third-party auditors: Third-party auditors are those your organization can hire independently of HHS. You can hire a third-party audit to make sure that you are in compliance before HHS does an audit.

  • Patients and partners: Your patients, clients, and partners will expect and ask to see evidence that you are in compliance with HIPAA regulations. They will ask for your security policies and procedures and to know your compliance practices. In particular, your patients will want to know that you are following regulations before they entrust their private health information with you. A client or partner audit is more likely than an HHS audit, and some partners may ask for a meeting to discuss your security policies. Some partners might also ask you to fill out security questionnaires, go through risk assessments, request a third-party audit, or request details of your security management program.

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Safeguards


Administrative Safeguards

Administrative safeguards are the glue holding HIPAA together. These safeguards are the policies and procedures that enlist a Security or Privacy Officer to enact HIPAA requirements inside the organization. The officer is also in charge of the general conduct of the employees and the organization as a whole in terms of HIPAA compliance. Security and Privacy Officers identify risks through regular assessments to ensure that all other safeguards are properly followed.

Physical Safeguards

Physical safeguards concern the physical access to PHI, whether that is by employees, patients, or criminals. There must be physical safeguards protecting the information regardless of where it is stored. This includes, but is not limited to, paper PHI inside the organization, data saved in the cloud, and information stored on servers inside the building. Physical safeguards also provide regulations on how to protect information on mobile devices.

Technical Safeguards

Technical safeguards are about the technology an organization uses to protect and access PHI. Technical safeguards require covered entities to encrypt patient data to the National Institute of Standards and Technology (NIST) standards. This is especially crucial when the information is moving beyond the entities’ firewall. Encryption ensures that the information is unreadable, making it useless to cybercriminals.

Learn more about Information Security in the Healthcare sector.

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