The HIPAA Privacy Rule sets standards to protect patients` medical records and other PHI. It defines patients` rights with regard to their information and requires the companies concerned to protect this information. The confidentiality rule essentially deals with how PHI can be used and disclosed. As a subset of the privacy policy, the security rule applies specifically to electronic RPS or ePHI. Defined as the technology and the policies and procedures for the use of the technology that jointly protect ePHI and control access to it. Behind every security compliance measure is a documentation obligation. Virtually every facet of HIPAA compliance requires the creation and implementation of policies and procedures. These records must be retained for at least six years (and government requirements may require longer retention periods). The administrative protections of the safety rule require the EC and BA to conduct a risk analysis.

By performing a risk analysis, you can determine which security measures are appropriate and appropriate for your business. Addressable standards are often technical and allow for flexibility in how they are implemented to achieve the objectives of the requirement, although this does not mean that they can be ignored. Overall, addressable standards mean that how you back up ePHI doesn`t matter as long as it`s secure. If an organization decides not to implement any of the addressable standards, the rule requires it to implement other safeguards and document the decision and the reasons for the decision. Employee training and security awareness: This standard requires employees to undergo annual HIPAA training and also be aware of the company`s specific security procedures. The organization must also have and enforce sanctions against any employee who violates these security procedures. HIPAA contains a set of rules that must apply to businesses (CE) and business partners (BA) to be compliant. One of these rules is called a HIPAA security rule. You may be wondering what the HIPAA security rule is? This rule, which applies to both CE and BA, is designed to protect the privacy of individuals` electronic personal health information (ePHI) by requiring HIPAA security requirements. Defined as physical measures, policies and procedures to protect electronic information systems and related equipment and buildings from natural and environmental hazards and unauthorized intrusions.

These are, as indicated in the definition, policies and procedures that determine what the affected company is doing to protect its PSRs. Instead of physical safeguards or actual technical requirements, these requirements include training and procedures for company employees, whether or not they have direct access to PSR. The administrative safeguards provision of the security rule requires affected companies to conduct recurring risk assessments as part of their security management processes. HIPAA risk assessment, also known as security risk assessment, helps determine which security measures are appropriate and appropriate for a particular captured business. The HIPAA Security Rule establishes national standards for the protection of the electronic personal health information of individuals created, received, used, or managed by a collected entity. The security rule requires adequate administrative, physical and technical safeguards to ensure the confidentiality, integrity and security of protected electronic health information. The security rule defines “confidentiality” so that electronic PHI is not available or shared with unauthorized persons. The confidentiality requirements of the security rule support the prohibitions of the privacy rule against the misuse and disclosure of PSR. The security rule also promotes the two additional objectives of maintaining the integrity and availability of e-PHI. According to the security rule, “integrity” means that electronic 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.5 To improve the efficiency and effectiveness of the U.S. health care system, Congress first passed the Health Insurance Portability and Accountability Act (HIPAA) in 1996.

In the years that followed, several additional rules were added to HIPAA to protect patients` protected health information (PHI). These first of these extensions are the privacy rule and the security rule. Transmission security: An affected entity must implement security measures that protect against unauthorized access to ePHI transmitted over an electronic network. HIPAA called on the Secretary to enact security regulations regarding measures to protect the integrity, confidentiality, and availability of e-PHI owned or transferred by covered companies. HhS developed a draft rule and published it for public comment on August 12, 1998. The Department received approximately 2,350 comments from the public. The final regulation, the security rule, was published on 20 February 2003.2 It defines a set of administrative, technical and physical security procedures to be used by the companies concerned to ensure the confidentiality, integrity and availability of electronic PHI. Defined as administrative actions, policies and procedures to manage the selection, development, implementation and maintenance of security measures to protect ePHI and manage employee behavior related to ePHI protection. While the two rules work together to protect private health information, they each have different purposes.

The privacy rule covers the physical security and confidentiality of protected health information (PHI) and requires that employees working for a covered company have access to the minimum amount of PHI that allows them to perform their duties. HIPAA requires relevant companies, including business partners, to take technical, physical, and administrative safeguards for protected health information (PHI). These safeguards are designed to protect not only privacy, but also the integrity and accessibility of data. Covered companies are defined in HIPAA rules as (1) health plans, (2) healthcare clearinghouses, and (3) healthcare providers that electronically submit health information related to transactions for which HHS has adopted standards. As companies migrate to the cloud, they also need to examine how the use of cloud services affects HIPAA security compliance and explore third-party cloud security solutions such as a CASB. A cloud service that processes ePHI is a HIPAA trading partner and therefore must sign a business agreement that defines compliance. However, the duty of care – and ultimate responsibility – lies with the entity concerned, even if a third party is behind the data breach. Administrative safeguards are policies and procedures that are implemented to protect the sanctity of ePHI and ensure compliance with the safety rule.

These requirements include training and procedures for employees, whether or not the employee has access to protected health information. As time passed and more and more health information was shared and stored electronically, lawmakers saw the need for a rule dedicated to protecting electronic health information, hence the security rule. Since the introduction of the rule in 2004, several updates have been made, including the 2009 HITECH Act and the 2013 Omnibus Rule. Companies surveyed need to review and modify their security measures to continue to protect electronic PHI in a changing environment.7 Prior to HIPAA, there were no generally accepted healthcare security standards or general requirements for protecting health information. At the same time, new technologies were evolving and the health care industry was beginning to move away from paper-based processes and rely more on the use of electronic information systems to pay claims, answer eligibility questions, provide health information, and perform various other administrative and clinical functions. .