HIPAA.com has received from its readers requests for information on topics related to HIPAA Administrative Simplification Privacy and Security Rules and to updates to those rules reflected in the HITECH Act provisions of the American Recovery and Reinvestment Act of 2009, signed by President Obama on February 17, 2009. Recently, HIPAA.com answered the question of particular interest to several readers: what exactly is protected health information (PHI)? In this posting, we answer the question: what are the fundamental properties that underlie privacy and security of protected health information? Three Key Properties The three key properties that underpin privacy and security under the Health Insurance Portability and Accountability Act (HIPAA) are availability,…
Category: HIPAA Law
HIPAA ‘Protected Health Information’: What Does PHI Include?
HIPAA.com has received from its readers requests for information on topics related to HIPAA Administrative Simplification Privacy and Security Rules and to updates to those rules reflected in the HITECH Act provisions of the American Recovery and Reinvestment Act of 2009, signed by President Obama on February 17, 2009. Of particular interest to readers is: what exactly is protected health information (PHI)? Protected Health Information To get to protected health information, you have to examine two definitions that were in Section 1171 of Part C of Subtitle F of Public Law 104-191 (August 21, 1996): Health Insurance Portability and Accountability Act of 1996: Administrative Simplification. These statutory definitions are of…
HHS Secretary Sebelius Delegates Oversight and Enforcement of HIPAA Security Rule to OCR
U.S. Health and Human Services (HHS) Secretary Kathleen Sebelius has delegated oversight and enforcement of the HIPAA Administrative Simplification Security Rule Standards for Protection of Electronic Protected Health Information to HHS’s Office of Civil Rights (OCR), effective July 27, 2009. Since October 7, 2003, the Security Rule had been the responsibility of HHS’s Center for Medicare & Medicaid Services (CMS). OCR also has responsibility for the HIPAA Administrative Simplification Privacy Rule. This delegation brings responsibility for administrative, technical, and physical standards for safeguarding of protected health information in each rule under one authority, and likely will facilitate enforcement of the HITECH Act breach, notification, and business associate security rule compliance…
Transmission Security Encryption: What to Do and How to Do It
In our series on the HIPAA Administrative Simplification Security Rule, this is the second of two implementation specifications for the Technical Safeguard Standard, Transmission Security. 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 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…
Transmission Security Integrity Controls: 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 Technical Safeguard Standard, Transmission Security. 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 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 Implement…
Transmission Security: What This HIPAA Security Rule Technical Safeguard Standard Means
This is the fifth and last Technical Safeguard Standard of the HIPAA Administrative Simplification Security Rule. It has two implementation specifications: integrity controls; and encryption. Each 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. For compliance with…
Person or Entity Authentication: What to Do and How to Do It
In our series on the HIPAA Administrative Simplification Security Rule, this is the fourth 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 procedures to verify that a…
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…
Access Control: Encryption and Decryption-What to Do and How to Do It
In our series on the HIPAA Administrative Simplification Security Rule, this is the fourth implementation specification for the Technical Safeguard Standard, Access Control. 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 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 Implement…
Access Control: Automatic Logoff-What to Do and How to Do It
In our series on the HIPAA Administrative Simplification Security Rule, this is the third implementation specification for the Technical Safeguard Standard, Access Control. 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 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 Implement…