The Federal Trade Commission’s (FTC’s) “red flags” rules for financial institutions and creditors to fight identity theft require compliance by most healthcare providers on Friday, May 1, 2009. HIPAA.com recommends that healthcare providers examine three documents, which we have available at HIPAA.com, to determine their responsibilities with respect to compliance with the red flag rules. These documents are: » Identity Theft Red Flag Flags and Address Discrepancies Under the Fair and Accurate Credit Transactions Act of 2003; Final Rule, published in the Federal Register on November 9, 2007. The preamble of the Final Rule, which discusses the purpose, intent, and scope of coverage, appears on pages 63718-63733. Of particular importance…
Month: April 2009
Identity Theft Red Flags and Address Discrepancies
DEPARTMENT OF THE TREASURY 12 CFR Part 41, 222, 334, 364, 571 and 717 16 CFR Part 681 Idendity Theft Red Flags and Address Discrepancies Under the Fair and Accurate Credit Transactions Act of 2003 AGENCY: Office of the Secretary, HHS. ACTION: Joint Final Rules and Guidelines. Download (Requires Acrobat Reader)
Facility Access Controls: Facility Security Plan-What to Do and How to Do It
In our series on the HIPAA Administrative Simplification Security Rule, this is the second implementation specification for the Physical Safeguard Standard, Facility Access Controls. This implementation specification is addressable. Remember, addressable does not mean “optional.” Rather, an addressable implementation specification means that a covered entity must use reasonable and appropriate measures to meet the standard. As we have noted in earlier postings on HIPAA.com, business associates of covered entities will be required to comply with the Security Rule safeguard standards, beginning February 17, 2010. This requirement is one of the HITECH Act provisions of the American Recovery and Reinvestment Act ARRA, signed by President Obama on February 17, 2009. What…
Word of the Day: Security Incident
Security Incident: The attempted or successful unauthorized access, use, disclosure, modification, or destruction of information or interference with system operations in an information system.
Facility Access Controls: Contingency Operations-What to Do and How to Do It
In our series on the HIPAA Administrative Simplification Security Rule, this is the first implementation specification for the Physical Safeguard Standard, Facility Access Controls. This implementation specification is addressable. Remember, addressable does not mean “optional.” Rather, an addressable implementation specification means that a covered entity must use reasonable and appropriate measures to meet the standard. As we have noted in earlier postings on HIPAA.com, business associates of covered entities will be required to comply with the Security Rule safeguard standards, beginning February 17, 2010. This requirement is one of the HITECH Act provisions of the American Recovery and Reinvestment Act ARRA, signed by President Obama on February 17, 2009. What…
Facility Access Controls: What This HIPAA Security Rule Physical Safeguard Standard Means
This is the first Physical Safeguard Standard of the HIPAA Administrative Simplification Security Rule. It has four implementation specifications: contingency operations; facility security plan; access control and validation procedures; and maintenance records. Each of these implementation specifications is addressable. Addressable does not mean “optional.” Rather, an addressable implementation specification means that a covered entity must use reasonable and appropriate measures to meet the standard. As we have noted in earlier postings on HIPAA.com, business associates of covered entities will be required to comply with the Security Rule safeguard standards, beginning February 17, 2010. This requirement is one of the HITECH Act provisions of the American Recovery and Reinvestment Act ARRA,…
Physical Safeguard Standards of the HIPAA Administrative Simplification Security Rule
There are four physical safeguard standards: facility access controls, workstation use, workstation security, and device and media controls. Each standard has implementation specifications, which can be required or addressable. Remember, addressable does not mean “optional.” Rather, an addressable implementation specification means that a covered entity must use reasonable and appropriate measures to meet the standard. As we have noted in earlier postings on HIPAA.com, business associates of covered entities will be required to comply with the Security Rule safeguard standards, beginning February 17, 2010. This requirement is one of the HITECH Act provisions of the American Recovery and Reinvestment Act ARRA, signed by President Obama on February 17, 2009. Physical…
FTC Posts NPRM on Breach Notification Rule for e-Health Information
On April 17, 2009, the Federal Trade Commission issued a notice of proposed rulemaking that requires vendors of personal health records and related entities such as non-profit organizations that offer PHRs, to notify individuals when the security of their individually identifiable health information is breached. The NPRM seeks to conform with rules from HHS that safeguard protected health information, but the FTC proposed rule applies to non HIPAA-covered entities that are not subject to HIPAA privacy and security requirements. Of the many comments the FTC seeks is to identify entities that would fall under this ruling. We believe this rule will strengthen the trust consumers/patients have in sharing information in their…
Evaluation-What This HIPAA Security Rule Administrative Safeguard Standard Means
This is the eighth Administrative Safeguard Standard of the HIPAA Administrative Simplification Security Rule. Its implementation specification is embodied in the language of the standard itself, and it is required of covered entities. Further, as HIPAA.com has noted earlier, business associates also will be required to comply with the Security Rule standards, effective February 17, 2010, as provided for in the HITECH Act provisions of the American Recovery and Reinvestment Act, signed by President Obama on February 17, 2009. What is Required Perform a periodic technical and non-technical evaluation, based initially upon the standards implemented under this rule and subsequently, in response to environmental or operational changes affecting the security of…
HITECH Guidance & RFI
HITECH GUIDANCE & RFI 45 CFR Parts 160 and 164 AGENCY: Office of the Secretary, Department of Health and Human Services. Download (Requires Acrobat Reader)