HIPAA Implementation

Features

HIPAA Compliance comprises of multiple domains which need to be understood by implementation consultant. Below points are to be noted to ensure a fool proof implementation of HIPAA PHI control in any organization. This is true irrespective of whether or not the organization is in USA or any other country.


CONSUMER CONTROL OVER HEALTH INFORMATION

Certified HIPAA Implementors and Auditors, HIPAA Implementation
  • Providers and health plans are required to give patients a clear written explanation of how they can use, keep, and disclose their health information

  • Patients must be able to see and get copies of their records, and request amendments. In addition, a history of most disclosures must be made accessible to patients.

  • Patient authorization to disclose information must meet specific requirements. Health care providers who see patients are required to obtain patient consent before sharing their information for treatment, payment, and health care operations purposes. In addition, specific patient consent must be sought and granted for non-routine uses and most non-health care purposes, such as releasing information to financial institutions determining mortgages and other loans or selling mailing lists to interested parties such as life insurers. Patients have the right to request restrictions on the uses and disclosures of their information.

  • Providers and health plans generally cannot condition treatment on a patient's agreement to disclose health information for non-routine uses.

  • People have the right to complain to a covered provider or health plan, or to the Secretary, about violations of the provisions of this rule or the policies and procedures of the covered entity.

BOUNDARIES ON MEDICAL RECORD USE AND RELEASE

  • Individual's health information can be used for health purposes only.

  • Information can be used or disclosed by a health plan, provider or clearinghouse only for purposes of health care treatment, payment and operations.

  • Health information cannot be used for purposes not related to health care - such as use by employers to make personnel decisions, or use by financial institutions - without explicit authorization from the individual.

  • Disclosures of information must be limited to the minimum necessary for the purpose of the disclosure. However, this provision does not apply to the transfer of medical records for purposes of treatment, since physicians, specialists, and other providers need access to the full record to provide best quality care.

  • Non-routine disclosures with patient authorization must meet standards that ensure the authorization is truly informed and voluntary.
CONSUMER CONTROL OVER HEALTH INFORMATION, Certified HIPAA Implementors and Auditors

ENSURE THE SECURITY OF PERSONAL HEALTH INFORMATION

BOUNDARIES ON MEDICAL RECORD USE AND RELEASE, Certified HIPAA Implementors and Auditors

  • These must include who has access to protected information, how it will be used within the entity, and when the information would or would not be disclosed to others. They must also take steps to ensure that their business associates protect the privacy of health information.

  • Covered entities must provide sufficient training so that their employees understand the new privacy protections procedures, and designate an individual to be responsible for ensuring the procedures are followed.

  • Covered entities must provide a means for patients to make inquiries or complaints regarding the privacy of their records.

HIPAA Technical Safeguards

The Technical Safeguards concern the technology that is used to protect ePHI and provide access to the data. The only stipulation is that ePHI ? whether at rest or in transit ? must be encrypted to NIST standards once it travels beyond an organization?s internal firewalled servers. This is so that any breach of confidential patient data renders the data unreadable, undecipherable and unusable. Thereafter organizations are free to select whichever mechanisms are most appropriate.

HIPAA Physical Safeguards

The Physical Safeguards focus on physical access to ePHI irrespective of its location. ePHI could be stored in a remote data center, in the cloud, or on servers which are located within the premises of the HIPAA covered entity. They also stipulate how workstations and mobile devices should be secured against unauthorized access:

HIPAA Administrative Safeguards

The Administrative Safeguards are the policies and procedures which bring the Privacy Rule and the Security Rule together. They are the pivotal elements of a HIPAA compliance checklist and require that a Security Officer and a Privacy Officer be assigned to put the measures in place to protect ePHI, while they also govern the conduct of the workforce.

What is difference between SOC2 and HIPAA?

SOC 2 designed by AICAP for the organisations that provide services to users. It requires for an organization to follow one or more set of trust principles out of 5, Security being the mandated one. These trust principles can be accomplished by the internal controls associated with each one, in order to fully comply with them.

HIPAA stands for Health Insurance Portability and Accountability Act. It is a law which sets strict guidelines for protection of health care data from unauthorized disclosure. HIPAA has a specific set of rules that an organization must follow for the secure processing of PHI. It also gives users a certain level of rights when it comes to their data.

Does SOC2 satisfy all requirements of HIPAA?

No. Same as above.

If my organization is GDPR compliant, do I need HIPAA?

Yes. GDPR lays out guidelines to protect PII i.e. personally identifiable information that can be used to further track an individual residing in EU. It covers wide range of PII right from individuals? name to race, religion etc.

Whereas HIPAA lays out guidelines to protect Healthcare information that can be further used to identify a patient. Here the scope of PII is very limited.

While both the compliances overlap when it comes to few rules such consent, data encryption and secure processing of PII, they differ when it comes to defining what to protect.

Having one compliance in place, will help in getting complaint with the other though.

If my organization is SOC2, do I need HIPAA?

Yes.

SOC 2 designed by AICAP for the organisations that provide services to users. It requires for an organization to follow one or more set of trust principles out of 5, Security being the mandated one. These trust principles can be accomplished by the internal controls associated with each one, in order to fully comply with them.

HIPAA stands for Health Insurance Portability and Accountability Act. It is a law which sets strict guidelines for protection of health care data from unauthorized disclosure

HIPAA applies to covered entities and business associates such as healthcare providers who transmit healthcare information and vendors who processes or provides services to covered entities that require disclosure of PHI. It comes with its own set of rules pertaining to processing and disclosure of PHI. So if your organization is one of the above, then HIPAA is must.

Does Hipaa require vulnerability scans?

HIPAA stands for Health Insurance Portability and Accountability Act. It is a law which sets strict guidelines for protection of health care data from unauthorized disclosure.

HIPAA requires that the critical healthcare information remain secure and intact at all the times. Hence it is crucial for an organisation to periodically test and asses every Healthcare information processing facilities for any underlying vulnerabilities that could later result into any breach or unauthorized access.

Is it possible to have HIPAA compliance for a web application?

GDPR is not only for the organization but can also be applied to products and applications by Following a set of rules. Any application that stores, processes and transfers PHI should be built according to HIPAA guidelines to ensure complete security of the same.

Following key points should be taken in consideration while building a HIPAA complaint application.

  • Encryption for data at rest and data in transit
  • Use of HTTPS for all the applications.
  • Strict Access control to restrict access to PHI.
  • Privacy policy on the application page that will give an clear idea of what data is being
  • collected, why is it being collected, how is it going to be processed and retention period for the same.
  • Consent from users before obtaining their data.
  • Breach Notification Form for individuals to report in case of any incidents.
  • Individual?s rights pertaining to HIPAA.

Is it possible to have HIPAA compliance for a Cloud application?

GDPR is not only for the organization but can also be applied to products and applications by Following a set of rules. Any application that stores, processes and transfers PHI should be built according to HIPAA guidelines to ensure complete security of the same.

Following key points should be taken in consideration while building a HIPAA complaint application.

  • Encryption for data at rest and data in transit
  • Use of HTTPS for all the applications.
  • Strict Access control to restrict access to PHI.
  • Privacy policy on the application page that will give an clear idea of what data is being
  • collected, why is it being collected, how is it going to be processed and retention period for the same.
  • Consent from users before obtaining their data.
  • Breach Notification Form for individuals to report in case of any incidents.
  • Individual?s rights pertaining to HIPAA.

Is it possible to have HIPAA compliance for a Mobile application?

GDPR is not only for the organization but can also be applied to products and applications by Following a set of rules. Any application that stores, processes and transfers PHI should be built according to HIPAA guidelines to ensure complete security of the same.

Following key points should be taken in consideration while building a HIPAA complaint application.

  • Encryption for data at rest and data in transit
  • Use of HTTPS for all the applications.
  • Strict Access control to restrict access to PHI.
  • Privacy policy on the application page that will give an clear idea of what data is being
  • collected, why is it being collected, how is it going to be processed and retention period for the same.
  • Consent from users before obtaining their data.
  • Breach Notification Form for individuals to report in case of any incidents.
  • Individual?s rights pertaining to HIPAA.

For more info, please visit https://www.valencynetworks.com/blogs/hipaa-compliance-for-mobile-application/

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