In: Nursing
This chapter introduces the HIPAA security rule, which closely aligns with the security rule. Although the rules complement each other, the security rule governs the privacy of protected health information (PHI) regardless of the medium in which the information resides, whereas the security rule governs PHI that is transmitted by or maintained in some form of electronic media (that is, electronic protected health information, or ePHI). The chapter begins with a discussion of the purposes of the rule, its source of law, scope, and to whom the law applies. The chapter suggests a process for complying with the rule and outlines the five key components of the rule. The chapter also discusses changes to the security rule as a result of the Health Information Technology for Economic and Clinical Health (HITECH) provisions of the American Recovery and Reinvestment Act of 2009 (ARRA). It concludes with a discussion of the role of a security officer, how the rule is enforced, and the penalties for noncompliance of the rule.
1) Individuals in the health information management (HIM) field
play a critical role in covered entities approaches to data
security, especially HIPAA compliance.HIM professionals are often
acquiring, analyzing, and protecting digital and traditional
medical information vital to providing quality patient care,
according to The American Health Information Management Association
(AHIMA). Furthermore, HIM professionals need to understand an
organizations workflow, and how the latest applications will
potentially come into play.HIPAA rules require that organizations
have a privacy officer or a security officer, and HIM professionals
tend to be an organizations privacy officer, said Angela Rose, a
director of HIM Practice Excellence at AHIMA.They'll be responsible
for implementing the whole program, like policy and procedures:
writing them, the training of staff, just making sure that the laws
and the requirements are met as a whole.Rose added that she has
been at AHIMA for nine and a half years, and that it’s exciting
times right now in the healthcare industry, in terms of privacy and
security.
a.An organization can be in compliance by:i.Having procedures for
ensuring that the workforce working with ePHi hasadequate
authorization and/or supervisionii.Ensure that there must be a
procedure to determine what access us appropriatefor the
workforce.iii.Having policies and procedures for granting access to
ePHI through aworkstation, transaction, program, or other
process.iv.Ensuring that it conducts periodic security
updates.
2) An organization can be in compliance by having procedures for
ensuring that the workforce working with ePHi has adequate
authorization and or supervision.Ensure that there must be a
procedure to determine what access us appropriate for the
workforce.Having policies and procedures for granting access to
ePHi through a workstation,transaction,programm or other
process.Ensuring that it conducts periodic security updates.
3) There are three parts to the HIPAA Security Rule technical
safeguards, physical safeguards and administrative safeguards and
we will address each of these in order in our HIPAA compliance
checklist.
4) The Security Rule outlines standards for the integrity and
safety of PHI and ePHI that must be in place in any healthcare
organization including physical, administrative, and technical
safeguards.
5) Ensure the confidentiality, integrity, and availability of all
e-PHI they create, receive, maintain or transmit; Identify and
protect against reasonably anticipated threats to the security or
integrity of the information; Protect against reasonably
anticipated, impermissible uses or disclosures.The Security Rule
requires covered entities to maintain reasonable and appropriate
administrative, technical, and physical safeguards for protecting
e-PHI.
Specifically, covered entities must: ensure the confidentiality,
integrity, and availability of all e-PHI they create, receive,
maintain or transmit.Identify and protect against reasonably
anticipated threats to the security or integrity of the
information.Protect against reasonably anticipated, impermissible
uses or disclosures,and ensure compliance by their workforce.The
Security Rule defines confidentiality to mean that e-PHI is not
available or disclosed to unauthorized persons. The Security Rule's
confidentiality requirements support the Privacy Rule's
prohibitions against improper uses and disclosures of PHI. The
Security rule also promotes the two additional goals of maintaining
the integrity and availability of e-PHI. Under the Security Rule,
integrity means that e-PHI is not altered or destroyed in an
unauthorized manner. Availability means that e-PHI is accessible
and usable on demand by an authorized person.HHS recognizes that
covered entities range from the smallest provider to the largest,
multi-state health plan. Therefore the Security Rule is flexible
and scalable to allow covered entities to analyze their own needs
and implement solutions appropriate for their specific
environments. What is appropriate for a particular covered entity
will depend on the nature of the covered entity’s business, as well
as the covered entity’s size and resources. Therefore, when a
covered entity is deciding which security measures to use, the Rule
does not dictate those measures but requires the covered entity to
consider:Its size, complexity, and capabilities.Its technical,
hardware, and software infrastructure.The costs of security
measures, and the likelihood and possible impact of potential risks
to e-PHI.Covered entities must review and modify their security
measures to continue protecting e-PHI in a changing
environment.