In 1996, the U.S. Congress passed the Health Insurance Portability and Accountability Act (HIPAA) to increase the country's healthcare system's efficiency and effectiveness. Since then, HIPAA has constantly updated its rules to cover the growing threats to patient information.
The HIPAA covers multiple entities in the healthcare industry, from private individuals and organizations to government agencies and institutions. This also includes all providers that electronically create, receive, maintain, or transmit healthcare information, from coordinating benefits and health claims to various authorizations.
Why Should You Comply With the HIPAA Security Rules?
The HIPAA security rules require its covered entities to implement technical, physical, and administrative layers of protection to safeguard the patient's protected health information (PHI). Noncompliance can result in hefty fines, ranging between $100 to $50,000 for each provisional violation within a calendar year.
Moreover, entities can be held criminally liable for disclosing PHI knowingly for malicious purposes. Criminal offenses under HIPAA can result in incarceration for up to 10 years.
What Are the HIPAA Security Rules?
The HIPAA establishes security requirements and rules for safeguarding patients' PHI and other health-related records. These standards specify patients' rights over their information and require all entities covered by the HIPAA to adhere to them so they can protect patient data.
The HIPAA Security Rule mandates its covered entities to follow three categorical safeguards: technical, physical, and administrative. Here's what you need to know about each standard:
Technical
Technical safeguard standards refer to all technologies, including the policies and methods for their use, that protect and manage electronic protected health information (ePHI). The following are examples of common technical measures:
- Access
Entities must assign unique user identifiers for increased access protection. They should also implement data encryption and automatic logoffs to strengthen access control.
- Authentication
Organizations must require more stringent identification verification processes to safeguard data from bad actors trying to gain access.
- Audit controls
Each entity must have instruments for recording and examining activities about ePHI within its information system.
- Integrity
There should be strict policies and procedures to keep data from being modified or destroyed in an unauthorized manner.
Physical
Physical measures include guidelines and strategies for protecting electronic information systems, equipment, and buildings from unauthorized intrusion or natural threats. Physical safeguard standards include:
- Hardware and Media
All hardware and electronic media containing ePHI must be monitored at all times. If they should be destroyed, covered entities must follow proper disposal and backup protocols to ensure no one else can access the information inside.
- Facility Access
Facilities that accommodate information systems must install control schemes to prevent unauthorized users, restore lost data, manage access based on role and function, and accumulate maintenance and repair records.
- Workstation Security
Workstation use must always be limited to business purposes. Entities must apply restrictive solutions to ensure that no other programs run in the background. Moreover, security standards must be set to determine how workstations can be physically protected from unauthorized access.
Administrative
Administrative actions are crucial in creating and implementing security measures to protect ePHI and manage employee conduct related to ePHI protection. Administrative safeguards include:
- Business Agreements
The HIPAA mandates that all covered entities have written agreements for their vendors and other business associates transmitting ePHI.
- Security Awareness and Training
Employees are encouraged to attend security awareness training programs to reduce phishing scams and other data breaches. Covered entities can enforce workforce security exercises, including authorization and clearance activities, to improve understanding and increase security.
- Security Incident Management
Security incidents are attempts to gain unauthorized access and modify or delete any data in an information system. Incident management includes identifying and reporting the security incident to the appropriate individuals and setting up a contingency plan in case of an emergency.
- Security Management
Entities must perform a risk analysis and implement a risk management strategy to boost cybersecurity. It would help assign a designated security official to develop and implement policies and practices.
How Can You Ensure HIPAA Compliance?
HIPAA endeavors to be technology-neutral; it wants to be flexible and scalable as technology evolves. Consequently, the HIPAA security rules allow every entity to determine appropriate security measures based on its specific environment to protect against reasonably anticipated threats.
HIPAA compliance is essential in maintaining your organization. HIPAA data breaches, on average, cost roughly $5.9 million, excluding fines. Additionally, noncompliance can lead to reputational damages and, ultimately, loss of business.
While some cybersecurity solutions can be costly, healthcare organizations can save more long-term if they can protect patient information. HIPAA-covered entities must regularly conduct risk assessments and implement policies and procedures to maximize cybersecurity.
