Health Insurance Portability And Accountability Act Security Rule Research Articles

A security framework to protect ePHI in Saudi Arabia's healthcare infrastructure

Today, protecting patient privacy and ensuring the accuracy and integrity of their data are the two most crucial concerns in the healthcare field. Unauthorized access or changes to patients' private health records can lead to serious issues. Moreover, if healthcare providers fail to update a patient's records quickly, it could result in dangerous, even life-threatening situations. Attacks on hospital computer systems also present a significant danger to patient care. Establishing strong security measures and procedures through cybersecurity frameworks can help protect sensitive patient information, known as electronic protected health information (ePHI). The Security Rule by Health Insurance Portability and Accountability Act (HIPAA), a well-established set of security guidelines, focuses on safeguarding ePHI held by healthcare organizations and their associates. This paper suggests creating a Data Cybersecurity Framework (DCF) specifically for the healthcare sector in Saudi Arabia. This framework aims to shield ePHI and align with the security recommendations of the HIPAA Security Rule. The development of this proposed framework involved consultations with healthcare cybersecurity experts and concentrated on the healthcare system in Saudi Arabia. The research concludes that enhancing the protection of patient information and raising public awareness requires the joint efforts of various entities, including government bodies.

HHS Adjusts Penalties for HIPAA Violations

Back to table of contents Previous article Next article ProfessionalFull AccessHHS Adjusts Penalties for HIPAA ViolationsTerri D’ArrigoTerri D’ArrigoSearch for more papers by this authorPublished Online:2 Jul 2019https://doi.org/10.1176/appi.pn.2019.6b11AbstractNew annual limits reflect the level of culpability when violations occur and whether corrective action was taken.The Department of Health and Human Services (HHS) has changed the annual maximum penalties for violating the Health Insurance Portability and Accountability Act (HIPAA). The annual maximum penalties were previously capped at $1.5 million for every tier of violation. Now the annual limit is different for each tier, with only violators who demonstrate willful neglect and failure to correct violations facing a potential $1.5 million annual penalty (see table). The new penalties went into effect in April.In a notice published in the April 30 Federal Register, HHS cited “inconsistent language” in the Health Information Technology for Economic and Clinical Health (HITECH) Act, which established the tiers in 2009, as the impetus for the changes.“Upon further review of the statute by the HHS Office of the General Counsel, HHS has determined that the better reading of the HITECH Act is to apply [the new] annual limits,” Roger Severino, director of the HHS Office for Civil Rights, wrote. “HHS expects to engage in future rulemaking to revise the penalty tiers in the current regulation to better reflect the text of the HITECH Act.”The tiers are defined as follows:Tier 1: The person did not know and, by exercising reasonable diligence, would not have known that the person violated the provision.Tier 2: The violation was due to reasonable cause and not willful neglect.Tier 3: The violation was due to willful neglect that was corrected in a timely manner.Tier 4: The violation was due to willful neglect that was not corrected in a timely manner.APA offers HIPAA guides for members, including “APA’s HIPAA Privacy Rule Manual: A Guide for Your Psychiatric Practice” and “APA HIPAA Security Rule Manual.” They are posted here. ■“Notification of Enforcement Discretion Regarding HIPAA Civil Money Penalties” is posted here. ISSUES NewArchived

Review of HIPAA, Part 1: History, Protected Health Information, and Privacy and Security Rules.

The Health Insurance Portability and Accountability Act (HIPAA) of 1996 has made an impact on the operation of health-care organizations. HIPAA includes 5 titles, and its regulations are complex. Many are familiar with the HIPAA aspects that address protection of the privacy and security of patients' medical records. There are new rules to HIPAA that address the implementation of electronic medical records. HIPAA provides rules for protected health information (PHI) and what should be protected and secured. The privacy rule regulates the use and disclosure of PHI and sets standards that an entity working with health data must follow to protect patients' private medical information. The HIPAA security rule complements the privacy rule and requires entities to implement physical, technical, and administrative safeguards to protect the privacy of PHI. This article-part 1 of a 2-part series-is a refresher on HIPAA, its history, its rules, its implications, and the role that imaging professionals play.

Ensuring compliance with the HIPAA Security Rule: Think twice when e-mailing protected health information.

Are healthcare providers violating the Health Insurance Portability and Accountability Act (HIPAA) of 1996 when a patient's protected health information is e-mailed?1 They could be if they are not complying with the HIPAA Security Rule.2 Nonadherent healthcare providers could face sizeable monet

A Matter of Trust: The Cost of HIPAA Non-Compliance

A Matter of Trust: The Cost of HIPAA Non-Compliance

Text Messaging to Communicate With Public Health Audiences: How the HIPAA Security Rule Affects Practice

Text messaging is a powerful communication tool for public health purposes, particularly because of the potential to customize messages to meet individuals' needs. However, using text messaging to send personal health information requires analysis of laws addressing the protection of electronic health information. The Health Insurance Portability and Accountability Act (HIPAA) Security Rule is written with flexibility to account for changing technologies. In practice, however, the rule leads to uncertainty about how to make text messaging policy decisions. Text messaging to send health information can be implemented in a public health setting through 2 possible approaches: restructuring text messages to remove personal health information and retaining limited personal health information in the message but conducting a risk analysis and satisfying other requirements to meet the HIPAA Security Rule.

Patient Information Privacy Basics

You have accessThe ASHA LeaderBottom Line1 Sep 2011Patient Information Privacy Basics Kate RomanowJD Kate Romanow Google Scholar More articles by this author , JD https://doi.org/10.1044/leader.BML1.16092011.3 SectionsAbout ToolsAdd to favorites ShareFacebookTwitterLinked In ASHA recently hosted an online private-practice institute for audiologists and speech-language pathologists that focused on how to establish, manage, and grow a profitable private practice. Recorded lectures covered topics such as strategic business planning, fees and pricing, employment law basics, managing a fee-for-service practice, increasing referrals, using web-based and social media marketing, coding updates, Medicare billing, and claims and denials. Many of the participants in one of the sessions, “Data Privacy, Security, and Enforcement: HIPAA and More,” raised several questions during and after the institute on the Health Insurance Portability and Accountability Act (HIPAA). This article clarifies points discussed during the institute to help other clinicians understand HIPAA policies. The HIPAA privacy rule protects personal health information and outlines patients’ rights with respect to that information, while allowing disclosure of information needed for patient care. The HIPAA security rule specifies a series of administrative, physical, and technical safeguards that ensure the confidentiality, integrity, and availability of electronic protected health information. Electronic protected health information includes, for example, patient data stored on a computer hard drive, or data transmitted via a computer for billing purposes. The following questions and answers outline basic HIPAA privacy and security regulations. Q: Do the HIPAA regulations apply to me? HIPAA compliance is required by all “covered entities,” defined as health plans, health care clearinghouses, and health care providers that transmit any health information in electronic form in connection with “transactions” covered under HIPAA. If you are a provider who, for example, sends patient information electronically to a billing company, then you are a “covered entity” and must comply with HIPAA regulations. Q: What transactions are covered under HIPAA? HIPAA regulations define “transaction” as the transmission of information between two parties to carry out financial or administrative activities related to health care. It includes the following types of information transmissions: Health care claims or equivalent encounter information. Health care payment and remittance advice. Coordination of benefits. Health care claim status. Enrollment and disenrollment in a health plan. Eligibility for a health plan. Health plan premium payments. Referral certification and authorization. First report of injury. Health claims attachments. Other transactions that the secretary of health and human services may prescribe by regulation (45 C.F.R. Section 160.103). Q: What does “electronic form” mean? HIPAA does not define “electronic form.” It does, however, define “electronic media” as the following: Electronic storage media including memory devices in computers (hard drives) and any removable/transportable digital memory medium, such as magnetic tape or disk, optical disk, or digital memory card. Transmission media used to exchange information already in electronic storage media. Transmission media include, for example, the Internet, extranet (using Internet technology to link a business with information accessible only to collaborating parties), dial-up lines, leased lines, private networks, and the physical movement of removable/transportable electronic storage media. Certain transmissions, including those by paper (facsimile) and by voice (telephone), are not considered e-transmissions via electronic media because the information did not exist in electronic form before the transmission (45 C.F.R. Section 160.103). Q: If I am a covered entity, what do I need to do to comply with HIPAA? You must protect the privacy of patient information. You must safeguard patient information sent electronically. For example, you must inform patients about the HIPAA privacy practices you observe and train employees about HIPAA requirements. Q: Are there sample notices of privacy practices? More information about HIPAA privacy notices is available at the Department of Health and Human Services website. ASHA includes a sample notice of privacy practices in its Practice Management Tools for SLPs available in the ASHA online store. Q: Where I can get more information? ASHA’s reimbursement web page includes an extensive section on HIPAA. An article in The ASHA Leader also outlines some basics. The Office of Civil Rights, which enforces the privacy and security rule, has information on its website. The Workgroup for Electronic Data Interchange [PDF] (of which ASHA is a member) has information to help small practices comply with HIPAA. The full HIPAA regulations are available at the Department of Health and Human Services website. (Be aware, however, that the most current version may not be posted.) Author Notes Kate Romanow, JD, director of health care regulatory advocacy, can be reached at [email protected]. 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HIPAA Security Enforcement Is Here

Enforcement has been slow in coming for the administrative simplification rules under the US's Health Insurance Portability and Accountability Act (HIPAA). For more than five years, the Office of Civil Rights in the Department of Health and Human Services (HHS) has been responding to criticism that it has not been enforcing HIPAA's privacy rule as evidenced by its lack of formal enforcement penalties during this period. At the same time, although reports of security breaches continue to grow, no enforcement efforts have occurred related to HIPAA's security rule. This now appears to be changing, at least incrementally, with three new enforcement developments in the information security area. These actions, taken together, clearly demonstrate that we've entered a new era for HIPAA enforcement. They also provide healthcare companies with a wide range of useful information about areas of potential concern for security compliance, along with clues as to how HHS might proceed.

Challenges Associated with Privacy in Health Care Industry: Implementation of HIPAA and the Security Rules

This paper discusses the challenges associated with privacy in health care in the electronic information age based on the Health Insurance Portability and Accountability Act (HIPAA) and the Security Rules. We examine the storing and transmission of sensitive patient data in the modem health care system and discuss current security practices that health care providers institute to comply with HIPAA Security Rule regulations. Based on our research results, we address current outstanding issues that act as impediments to the successful implementation of security measures and conclude the discussion and offer possible avenues of future research.

Help Available for Physicians Who Have Missed HIPAA Deadline

Back to table of contents Previous article Next article Government NewsFull AccessHelp Available for Physicians Who Have Missed HIPAA DeadlineMark MoranMark MoranSearch for more papers by this authorPublished Online:17 Jun 2005https://doi.org/10.1176/pn.40.12.00400009aThe Centers for Medicare and Medicaid Services (CMS) has issued a new guidance on its Web site to help physicians and health care organizations comply with the final security rule of the Health Insurance Portability and Accountability Act (HIPAA).The deadline for compliance with the security rule was April 20.The security rule, which governs protected electronic health information, applies to “covered entities” that conduct certain financial and administrative functions electronically. These entities include health care providers, health plans, hospitals, insurers, health care information clearinghouses, and Medicare prescription drug sponsors.Two CMS papers to help physicians gain compliance are “Security 101 for Covered Entities,” posted at<www.cms.hhs.gov/hipaa/hipaa2/education/Security%20101_Cleared.pdf>, and “Security Standards—Physical Safeguards,” posted at<www.cms.hhs.gov/hipaa/hipaa2/education/Physical%20Safeguards%20final.pdf>.For immediate assistance with HIPAA-rule compliance, physicians can call CMS from 8:30 a.m. to 5 p.m., Eastern Time, Monday through Friday, at (866) 282-0659.In addition, the APA-endorsed Psychiatrists' Professional Liability Insurance Program (The Psychiatrists' Program) has several resources that are being made available to the public on its Web site<www.psychprogram.com>. These include a flow chart describing necessary actions for physicians who are, and are not, covered by the new rule and two articles: “Myths and Misconceptions: HIPAA's Final Security Rule at a Glance” and“ Important Things to Keep in Mind About HIPAA's Security Rule.”One survey by the Health Information and Management Systems Society (HIMSS)/Phoenix Health Systems indicates that physicians and organizations who are not yet compliant with the security rule are not alone.According to the Winter 2005 U.S. Healthcare Industry HIPAA Compliance Survey, just 18 percent of providers indicated they were compliant with HIPAA security requirements as of the start of the year. Providers surveyed included hospitals and medium-sized physician practices (11 to 29 physicians or other practitioners) and small physician practices (10 or fewer physicians or other practitioners).Moreover, the number of organizations indicating they expected to be in compliance by the deadline actually decreased. Only 74 percent of providers (down from 87 percent) and 80 percent of payers (down from 90 percent) indicated they would be in compliance by the deadline.Ninety-three percent of providers have designated an individual as the organizational security officer. Forty percent of providers and 26 percent of payers said their organizations had experienced at least one security breach in the previous six months, according to the survey.Phoenix Healthcare Systems and HIMSS conducted the survey from January 4 to January 20. A total of 400 providers and payers responded to e-mail invitations to participate in the survey, which was sent to more than 13,000 HIMSS members and more than 19,000 “Phoenix HIPAAlert Newsletter” subscribers. Provider organizations accounted for 80 percent (318) of the respondents, and payers accounted for 20 percent (82).More information about HIPAA, including answers to frequently asked questions; educational materials; and information on the law, regulations, and enforcement, are posted online at<www.cms.hhs.gov/hipaa/hipaa2>. The Winter 2005 U.S. Healthcare Industry HIPAA Compliance Survey is posted at<www.himss.org/content/files/wintersurvey2005.pdf>▪ ISSUES NewArchived

The HIPAA Final Rule: What's Changed?

The March/April issue of ISSincluded an article entitled “HIPAA Security Rule 101: The Time to Act Is Now,” which, in retrospect, was a very “reasonable and appropriate” title for that article. While the Department of Health and Human Services had indicated that the rule would be published by December 27, 2002, that date passed, the rule was progressing through the Administrative Simplification Rule-Making Process. The final rule was submitted to the Office of Management and Budget (OMB) in early 2003 and was published in the Federal Register as 45 CFR Parts 160, 162, and 164 on February 20, 2003. Because many of the primary security ideas of the 1998 proposed Security Rule remain, this article should be used in conjunction with the previous article to provide the total Health Insurance Portability and Accountability Act (HIPAA) Security Final Rule picture. This article provides brief descriptions of the key provisions of the rule, along with an explanation of some of the changes and the rationale behind them.

HIPAA Security Compliance from an Auditor's Perspective

The Health Insurance Portability and Accountability Act (HIPAA) of 1996, spearheaded by the U.S. Department of Health and Human Services, was originally established to ease the administrative and financial burdens on the healthcare industry. In addition, a specific subsection called Administrative Simplification addresses, among other things, the privacy and security of confidential patient healthcare information. The specific requirements are addressed in two separate, yet interdependent, rules: the HIPAA Privacy Rule and the HIPAA Security Rule. This article examines the interdependency between the Privacy Rule and the Security Rule, explores what the Security Rule is and is not about, and focuses on some key areas when performing HIPAA security audits. Before moving forward, certain key HIPAA terms must be defined: Protected health information (PHI): PHI is defined as any individually identifiable information created, received, or maintained in any form relating to past, present, or future physical or mental health condition, treatment, or payment of an individual. Covered entity: A covered entity is any healthcare entity that deals with PHI and must comply with the HIPAA Administrative Simplification regulations. This includes healthcare providers, health plans, and healthcare clearinghouses. Business associates: This term refers to any business associate who receives and performs a function or service using PHI for, or on behalf of, a covered entity. This includes accountants, auditors, attorneys, outside management, and financial services organizations, consultants, etc. It is the responsibility of covered entities to ensure that their business associates will protect the privacy and confidentiality of PHI.