Final HIPAA Rule: Security Statutory Authority and Direct Regulation of Business Associates

February 4, 2013.  Today, we cover the security safeguards of the HIPAA Security Rule, as Modified by the Final Rule:  Modifications to the HIPAA Privacy, Security, Enforcement, and Breach Notification Rules under the Health Information Technology for Economic and Clinical Health Act [HITECH Act] and the Genetic Information Nondiscrimination Act; Other Modifications of the HIPAA Rules, which was published in the Federal Register on January 25, 2013.  The effective date of the Final Rule is March 26, 2013, and covered entities and business associates must comply by September 23, 2013. The statutory authority for applicability of the HIPAA Security Rule is in Section 13401 of the HITECH Act (123 STAT….

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Person or Entity Authentication: What This HIPAA Security Rule Technical Safeguard Standard Means

This is the fourth Technical Safeguard Standard of the HIPAA Administrative Simplification Security Rule.  There is not a separately described implementation specification.  Rather, this standard’s implementation specification is connoted in the language of the standard and is required.  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. For compliance with this Technical Safeguard Standard, a covered entity is required to implement procedures to verify that…

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Integrity: What This HIPAA Security Rule Technical Safeguard Standard Means

This is the third Technical Safeguard Standard of the HIPAA Administrative Simplification Security Rule. It has one implementation specification:  mechanism to authenticate electronic protected health information. This implementation specification 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), signed by President Obama on February 17, 2009….

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Audit Control: What to Do and How to Do It

In our series on the HIPAA Administrative Simplification Security Rule, this is the second Technical Safeguard Standard. There is not a separately described implementation specification. Rather, this standard’s implementation specification is connoted in the language of the standard and is required. 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 to Do A covered entity is required to implement hardware, software, and/or procedural mechanisms…

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