HIPAA and HITECH

In summary, security software engineers should be well-versed in the HIPAA Security Rule, the breach notification requirements of the HITECH Act, and the broader security best practices for protecting electronic personal health information (ePHI). This knowledge is critical for designing, developing, and maintaining healthcare-related software systems that handle sensitive patient information securely and in compliance with these important healthcare regulations.

Purpose

HIPAA and HITECH are U.S. federal laws that regulate the privacy and security of protected health information (PHI) and promote the adoption of electronic health records (EHRs).

HIPAA

Security Rule

Engineers should be familiar with the HIPAA Security Rule, which sets standards for safeguarding electronic PHI (ePHI). This includes requirements for access controls, encryption, audit logging, and other security measures.

Risk Assessment

Engineers should understand the importance of conducting regular risk assessments to identify and mitigate security risks to ePHI. This is a fundamental requirement under HIPAA.

Business Associate Agreements

HIPAA mandates that covered entities (e.g., healthcare providers) have business associate agreements in place with third parties (e.g., software vendors) who handle ePHI. Engineers should know the security obligations these agreements entail.

HITECH Act

Breach Notification

Engineers should be aware of the HITECH Act's breach notification requirements, which mandate that covered entities report breaches of unsecured PHI to affected individuals, the Department of Health and Human Services (HHS), and, in some cases, the media.

Increased Penalties

HITECH introduced higher penalties for non-compliance with HIPAA, making it essential for engineers to help ensure security measures are in place to avoid these penalties.

Security Best Practices

• Access Control: Engineers should understand the importance of implementing robust access controls to limit access to ePHI based on the principle of least privilege.

• Data Encryption: They should know the significance of encrypting ePHI both in transit and at rest to protect it from unauthorized access.

• Audit Logging: Engineers should be familiar with audit logging requirements to track and monitor access to ePHI, helping in identifying and responding to security incidents.

• Incident Response: Engineers should be prepared to assist in developing and implementing incident response plans to address security breaches or incidents involving ePHI.

• Training and Awareness: HIPAA and HITECH emphasize the need for workforce training and awareness programs to educate employees about security policies and procedures. Engineers can contribute to these efforts.

• Ongoing Compliance: Compliance with HIPAA and HITECH is an ongoing process. Engineers should understand the need for continuous monitoring, periodic risk assessments, and updates to security measures to maintain compliance.