One of the biggest problems with healthcare information security has always been inappropriate use by authorized users. How do HIPAA and the HITECH Act help to curb this problem? Also, address the healthcare professionals’ use of smartphones iPads and other handhelds. How do you address privacy when data can literally walk out of your work setting?
HIPAA (Health Insurance Portability and Accountability Act) and the HITECH Act (Health Information Technology for Economic and Clinical Health Act) play significant roles in improving healthcare information security, particularly by addressing inappropriate access by authorized users.
- HIPAA: HIPAA sets strict guidelines for protecting patients’ Protected Health Information (PHI). It mandates administrative, physical, and technical safeguards that healthcare organizations must implement to protect data privacy and prevent unauthorized access. For instance, the Security Rule within HIPAA requires the encryption of electronic PHI and limits the access to patient data based on the “minimum necessary” standard, meaning users can only access data directly related to their job duties. HIPAA also enforces accountability through penalties for violations, deterring users from misusing their access privileges.
- HITECH Act: The HITECH Act, enacted in 2009 as part of the American Recovery and Reinvestment Act, strengthens HIPAA by increasing the penalties for breaches and mandating more robust auditing and compliance measures. It extends HIPAA’s reach to include Business Associates (BAs) who handle PHI on behalf of covered entities. The HITECH Act introduced data breach notification requirements, obliging healthcare providers to report breaches to affected patients, the Department of Health and Human Services (HHS), and sometimes the media if breaches involve over 500 individuals. This transparency incentivizes organizations to prioritize data security.
Regarding the use of mobile devices such as smartphones, tablets, and other handhelds in healthcare, there are specific challenges and solutions to ensure patient privacy:
- Encryption and Mobile Device Management (MDM): Encrypting PHI on mobile devices and using MDM systems can help manage and secure data on handhelds. MDM allows healthcare organizations to remotely wipe data from devices if they are lost or stolen, reducing the risk of data breaches.
- Role-Based Access Controls: Assigning access based on role and implementing strong authentication measures, such as two-factor authentication, help prevent unauthorized access, even on mobile devices.
- Workforce Training and Policies: Educating healthcare professionals on the appropriate use of mobile devices, such as avoiding public Wi-Fi for accessing PHI, reduces the risks associated with device portability. Policies may also specify restricted areas for device use to minimize exposure.
- Data Loss Prevention (DLP) Tools: DLP solutions can monitor data transfers and prevent unauthorized copying or transmission of PHI. With DLP, healthcare organizations can track and control data leaving the network, reducing the likelihood of sensitive information walking out of the facility with a handheld device.
In summary, HIPAA and HITECH provide the foundation for managing and securing healthcare information. However, healthcare organizations must also leverage technological safeguards and continuous workforce training to address the risks of mobile device use and prevent unauthorized access, even by authorized users.