The Definition of Breach

This posting is one of several that outline the HITECH privacy provisions of the American Recovery and Reinvestment Act that President Obama signed into law on Tuesday, February 17, 2009, in Denver, CO. Here, we reproduce the definitions that appear in Subtitle D—Privacy, Section 13400. Definitions, that appear in the Conference Report on page H1345 of Congressional Record—House, February 12, 2009. These definitions are critical in understanding the content of the new HITECH privacy provisions and how they relate to existing HIPAA Administrative Simplification Privacy Rule standards. HIPAA Privacy Definitions: BreachBusiness AssociateCovered EntityDisclosureElectronic Health RecordHealth Care Operations Health Care ProviderHealth PlanNational CoordinatorPaymentPersonal Health RecordProtected Health Information SecretarySecurityStateTreatmentUseVendor Of Personal Health…

READ MORE

Facility Access Controls: Maintenance Records-What to Do and How to Do It

In our series on the HIPAA Administrative Simplification Security Rule, this is the fourth implementation specification for the Physical Safeguard Standard, Facility Access Controls. This implementation specification is addressable. Remember, addressable does not mean “optional.” Rather, an addressable implementation specification means that a covered entity must use reasonable and appropriate measures to meet the standard. As we have noted in earlier postings on HIPAA.com, business associates of covered entities will be required to comply with the Security Rule safeguard standards, beginning February 17, 2010. This requirement is one of the HITECH Act provisions of the American Recovery and Reinvestment Act ARRA, signed by President Obama on February 17, 2009. What…

READ MORE

Facility Access Controls: Facility Security Plan-What to Do and How to Do It

In our series on the HIPAA Administrative Simplification Security Rule, this is the second implementation specification for the Physical Safeguard Standard, Facility Access Controls. This implementation specification is addressable. Remember, addressable does not mean “optional.” Rather, an addressable implementation specification means that a covered entity must use reasonable and appropriate measures to meet the standard. As we have noted in earlier postings on HIPAA.com, business associates of covered entities will be required to comply with the Security Rule safeguard standards, beginning February 17, 2010. This requirement is one of the HITECH Act provisions of the American Recovery and Reinvestment Act ARRA, signed by President Obama on February 17, 2009. What…

READ MORE

Facility Access Controls: Contingency Operations-What to Do and How to Do It

In our series on the HIPAA Administrative Simplification Security Rule, this is the first implementation specification for the Physical Safeguard Standard, Facility Access Controls. This implementation specification is addressable. Remember, addressable does not mean “optional.” Rather, an addressable implementation specification means that a covered entity must use reasonable and appropriate measures to meet the standard. As we have noted in earlier postings on HIPAA.com, business associates of covered entities will be required to comply with the Security Rule safeguard standards, beginning February 17, 2010. This requirement is one of the HITECH Act provisions of the American Recovery and Reinvestment Act ARRA, signed by President Obama on February 17, 2009. What…

READ MORE

Facility Access Controls: What This HIPAA Security Rule Physical Safeguard Standard Means

This is the first Physical Safeguard Standard of the HIPAA Administrative Simplification Security Rule. It has four implementation specifications: contingency operations; facility security plan; access control and validation procedures; and maintenance records. Each of these implementation specifications is addressable. Addressable does not mean “optional.” Rather, an addressable implementation specification means that a covered entity must use reasonable and appropriate measures to meet the standard. As we have noted in earlier postings on HIPAA.com, business associates of covered entities will be required to comply with the Security Rule safeguard standards, beginning February 17, 2010. This requirement is one of the HITECH Act provisions of the American Recovery and Reinvestment Act ARRA,…

READ MORE

Physical Safeguard Standards of the HIPAA Administrative Simplification Security Rule

There are four physical safeguard standards: facility access controls, workstation use, workstation security, and device and media controls. Each standard has implementation specifications, which can be required or addressable. Remember, addressable does not mean “optional.” Rather, an addressable implementation specification means that a covered entity must use reasonable and appropriate measures to meet the standard. As we have noted in earlier postings on HIPAA.com, business associates of covered entities will be required to comply with the Security Rule safeguard standards, beginning February 17, 2010. This requirement is one of the HITECH Act provisions of the American Recovery and Reinvestment Act ARRA, signed by President Obama on February 17, 2009. Physical…

READ MORE

Evaluation-What This HIPAA Security Rule Administrative Safeguard Standard Means

This is the eighth Administrative Safeguard Standard of the HIPAA Administrative Simplification Security Rule. Its implementation specification is embodied in the language of the standard itself, and it is required of covered entities.  Further, as HIPAA.com has noted earlier, business associates also will be required to comply with the Security Rule standards, effective February 17, 2010, as provided for in the HITECH Act provisions of the American Recovery and Reinvestment Act, signed by President Obama on February 17, 2009. What is Required Perform a periodic technical and non-technical evaluation, based initially upon the standards implemented under this rule and subsequently, in response to environmental or operational changes affecting the security of…

READ MORE

Contingency Plan: Applications and Data Criticality Analysis-What to Do and How to Do It

In our series on the HIPAA Administrative Simplification Security Rule, this is the fifth implementation specification for the Administrative Safeguard Standard (Contingency Plan). This implementation specification is addressable.  Remember, addressable does not mean “optional.” Rather, an addressable implementation specification means that a covered entity must use reasonable and appropriate measures to meet the standard. As HIPAA.com has noted in earlier postings, with enactment of the American Recovery and Reinvestment Act of 2009 (ARRA) on February 17, 2009, business associates also will be required to comply with the Security Rule standards, effective February 17, 2010. What to Do Assess the relative criticality of specific applications and data in support of other…

READ MORE

Contingency Plan: Testing and Revision Procedures-What to Do and How to Do It

In our series on the HIPAA Administrative Simplification Security Rule, this is the fourth implementation specification for the Administrative Safeguard Standard (Contingency Plan). This implementation specification is addressable. Remember, addressable does not mean “optional.” Rather, an addressable implementation specification means that a covered entity must use reasonable and appropriate measures to meet the standard. As HIPAA.com has noted in earlier postings, with enactment of the American Recovery and Reinvestment Act of 2009 (ARRA) on February 17, 2009, business associates also will be required to comply with the Security Rule standards, effective February 17, 2010. What to Do Implement procedures for periodic testing and revision of contingency plans. How to Do…

READ MORE