Analysis of Security Considerations: HIPAA and HITECH Acts

This report examines the Health Insurance Portability & Accountability Act (HIPAA) and the Health Information Technology for Economic and Clinical Health (HITECH) Act, focusing on their impact on healthcare security. It outlines the primary objectives of HIPAA, including protecting patient health infor...Read More

Running head: SECURITY CONSIDERATIONS
SECURITY CONSIDERATIONS
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HIPPA: The Health Insurance Portability & Accountability Act (HIPAA) was enacted in 1996,
with the aim to protect the use, storage and transmission of patient’s health information. The
primary objectives of the Act are to ensure health insurance portability, reduce frauds and abuse
in the healthcare sectors, ensure privacy and security of the health information and enforce
standards regarding patient’s health information (HHS.gov, 2019). The U.S Department of
Health and Human Services (HHS) issued the privacy rule for implementing the requirement of
the Health Insurance Portability & Accountability Act (HIPAA). It addresses the rule standards
addressing the use and disclosure of health information called “Protected Health Information” by
health organizations subjected to the Privacy rule called covered entities. It also addresses the
standards for protecting patient’s privacy rights and prevent frauds and abuse by misusing
patients health information even by the authorized users. Violation of these standards impose
penalty on the individuals and the heath organizations.
HITECH Act: The HITECH Act supports the protocol followed while reporting data breaches. If
an individual come across a data breach where the information of 500 or more individuals has
been compromised, the HITECH Act needs the entity to provide particular details about the
breach based on the protocols. The HITECH Act also authorized the Centers for Medicare and
Medicaid Services (CMS) recipients for using and implementing EHRs to obtain full
reimbursements (Kruse et al., 2017). HITECH regulations have led to the requirement and
urgency of protecting the Protected Health Information (PHI) of the patients. It applies to both
the form of keeping information, paper work as well as electronic records and protecting them
for disclosure, violation of which can impose civil and criminal penalties. Other benefits that the
HIPA Act provides are reimbursements for justified use of electronic medical records (EMRs)
and the right of the patient to obtain copies of EMRs. Healthcare provides, healthcare

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organizations and healthcare insurance providers must comply with these regulations (Kruse et
al., 2017).
Security measures that can be taken to ensure fair and justified use of health information of the
patient are-
1. Physical safeguard through physical access and control to prevent theft by locking
computers or laptops. (Putting locks on laptops).
2. Technical safeguards for preventing electronic breaches through encryption, firewalls and
Passwords, installing strong Antivirus software and through control access. By
introducing user ID/passwords, use of short-range wireless (Bluetooth), data discard and
implementing Privacy enhancing technology (PET) that encrypts fax transmissions.
3. Administrative safeguards by preventing the transfer of patient information or data off
site and implementing education and security programs by hiring a Chief Information
Security Officer (CISO) (Jannetti, 2014) and by performing annual risk assessments
(Kruse et al., 2017).
The above security measures encompasses a set of techniques implemented by the
healthcare organizations to ensure privacy and protection of the health information in the form of
Electrical Health Records.
Impact of HIPPA and/or HITECH Act on the Healthcare settings-
Health workers and other people involved in the healthcare community and working in
the healthcare settings implicates the HIPPA Act with penalties brought into the hospitals that
have found violating the HIPPA’s rules of privacy and security of the Electronic Health

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Information. HITECH Act also has an impact on the hospital safety and security since they can
access information on the patient’s history and predict the relevance of the problems arises
during care delivery. HIPPA Act also aims at improving interoperability and connectivity and
promotes more effective and efficient systems, scientific advancements that eventually can lead
to an improved health system empowering individuals and an enhanced cure of diseases.
HIPPA addresses the rules and standards addressing the use and disclosure of health
information called “Protected Health Information” by health organizations subjected to the
Privacy rule called covered entities. It also addresses the standards for protecting patient’s
privacy rights and prevent frauds and abuse by misusing patients health information even by the
authorized users. Violation of these standards impose penalty on the individuals and the health
organization (Kruse et al., 2017).

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References:
HHS.gov. (2019). Summary of the HIPAA Privacy Rule. Retrieved 8 August 2019, from
https://www.hhs.gov/hipaa/for-professionals/privacy/laws-regulations/index.html
Jannetti, M. (2014). Safeguarding patient information in electronic health records. Aorn Journal,
100(3).
Kruse, C. S., Smith, B., Vanderlinden, H., & Nealand, A. (2017). Security techniques for the
electronic health records. Journal of medical systems, 41(8), 127.