Which Standards Deal With Electronic Protected Health Information?

Introduction

Electronic Protected Health Information (ePHI) refers to any individually identifiable health information that is stored or transmitted electronically. With the increasing use of technology in the healthcare industry, it has become crucial to have standards in place to ensure the security and privacy of ePHI. In this article, we will explore the key standards that deal with electronic protected health information and their importance in safeguarding patient data.

1. Health Insurance Portability and Accountability Act (HIPAA)

HIPAA is the primary federal law that governs the protection of ePHI. It sets the standard for the security and privacy of health information and outlines the responsibilities of covered entities and business associates. HIPAA requires the implementation of administrative, physical, and technical safeguards to protect ePHI.

2. Health Information Technology for Economic and Clinical Health (HITECH) Act

The HITECH Act extends the privacy and security provisions of HIPAA to address the use of electronic health records. It promotes the adoption of electronic health records and strengthens the enforcement of HIPAA rules. HITECH also provides incentives for the meaningful use of health information technology while imposing penalties for non-compliance.

3. The Office for Civil Rights (OCR)

The OCR is the division of the U.S. Department of Health and Human Services responsible for enforcing HIPAA regulations. It conducts audits, investigates complaints, and imposes penalties for non-compliance. The OCR plays a crucial role in ensuring that covered entities and business associates comply with the standards for protecting ePHI.

4. National Institute of Standards and Technology (NIST)

NIST develops and promotes standards, guidelines, and best practices for various industries, including healthcare. It has published the Special Publication 800-66, which provides guidance on the security of ePHI. NIST’s standards help organizations understand and implement effective security controls to protect ePHI from unauthorized access or disclosure.

5. Payment Card Industry Data Security Standard (PCI DSS)

While not specific to healthcare, PCI DSS is relevant for healthcare organizations that process credit card payments. PCI DSS sets requirements for the secure processing, storage, and transmission of cardholder data. Healthcare providers that accept credit card payments for services need to comply with PCI DSS in addition to HIPAA requirements to protect ePHI and cardholder data.

6. The Cybersecurity Act of 2015

The Cybersecurity Act aims to improve the sharing of cybersecurity threat information between the government and private sector entities, including healthcare organizations. It encourages the exchange of information about cyber threats and vulnerabilities to enhance the security of ePHI. The act also promotes the development of guidelines to improve cybersecurity practices.

7. European General Data Protection Regulation (GDPR)

While not a U.S. standard, the GDPR is relevant for healthcare organizations that handle the personal data of European Union residents. The GDPR sets strict requirements for the protection of personal data, including health information. Healthcare organizations that process data of EU residents need to ensure compliance with the GDPR to protect ePHI and avoid hefty fines.

8. State Data Breach Notification Laws

Many states have enacted data breach notification laws that require organizations to notify individuals in the event of a data breach involving their personal information, including ePHI. These laws aim to protect individuals’ privacy and promote transparency. Healthcare organizations need to be aware of and comply with the data breach notification laws in the states they operate in.

9. International Organization for Standardization (ISO) Standards

ISO has developed various standards related to information security, such as ISO/IEC 27001 and ISO/IEC 27002. These standards provide guidelines for establishing, implementing, maintaining, and continuously improving an information security management system. Healthcare organizations can adopt ISO standards to enhance the security of ePHI and demonstrate their commitment to protecting patient data.

10. Industry-specific Guidelines and Best Practices

In addition to the above standards, there are industry-specific guidelines and best practices that healthcare organizations should consider. These may include recommendations from professional organizations, regulatory bodies, and security experts. Staying informed about the latest developments and implementing industry-specific guidelines can help healthcare organizations effectively protect ePHI.

Conclusion

Protecting electronic protected health information is of utmost importance in the healthcare industry. Compliance with standards such as HIPAA, HITECH, and other relevant regulations and guidelines ensures the security, privacy, and integrity of ePHI. Healthcare organizations must stay updated with the evolving standards and best practices to effectively safeguard patient data and maintain trust in the digital age.