HIPAA Security Rule and ePHI Requirements

The Health Insurance Portability and Accountability Act (HIPAA) Security Rule is focused on protecting the confidentiality, integrity, and availability of electronic protected health information (ePHI) which is created, received, maintained, or transmitted by any covered entity (CE) against reasonably anticipated threats, hazards, and impermissible uses and/or disclosures. Covered entities include: covered healthcare providers, health plans, healthcare clearinghouses, Medicare prescription drug card sponsors and business associates. By meeting the requirements set forth in the Security Rule for ePHI, CEs will also meet the ePHI requirements of the Privacy Rule.

To achieve compliance with the HIPAA Security Rule, CEs must adhere to the six main sections, each consisting of several standards and implementation specifications, including:

  • Security Standards - General Rules – includes the general requirements all covered entities must meet to ensure reasonable and appropriate protection of ePHI.
  • Administrative Safeguards - are defined as the “administrative actions and policies, and procedures to manage the selection, development, implementation, and maintenance of security measures to protect electronic protected health information and to manage the conduct of the covered entity's workforce in relation to the protection of that information.1
  • Physical Safeguards - are defined as the “physical measures, policies, and procedures to protect a covered entity's electronic information systems and related buildings and equipment, from natural and environmental hazards, and unauthorized intrusion.2
  • Technical Safeguards - are defined as the “the technology and the policy and procedures for its use that protect electronic protected health information and control access to it.3
  • Organizational Requirements - includes standards to ensure appropriate safeguards are in place at business associates and others who share ePHI.4
  • Policies and Procedures and Documentation Requirements - ensures that covered entities have formal plans (i.e., policies, procedures and documentation) in place for the reasonable and appropriate implementation of ePHI security.5

The HIPAA Security Rule requirements have most recently been expanded via the Health Information Technology for Economic and Clinical Health (HITECH) Act, which establishes mandatory federal security breach reporting requirements with expanded criminal and civil penalties for non-compliance. Business associates of covered entities are now required to address the security rule requirements.

Overview

Security Management Solutions from Lumension Help Covered Entities Protect ePHI and Ensure HIPAA Compliance

Security management software from Lumension addresses HIPAA Security Rule compliance challenges and enables covered entities to protect confidential electronic medical records and improve operational efficiencies. These solutions include:
  • Lumension® Risk Manager - Comprehensive IT-GRC software that streamlines and automates audit workflows and IT risk management to provide crucial visibility and continuous monitoring across the IT environment to ensure compliance with HIPAA as well as with other pertinent regulations (i.e. PCI), mandates, and internal policies.
  • Lumension® Scan - Complete network-based scanning solution enables assessment and analysis of threats impacting all network devices.
  • Lumension® Patch and Remediation - Proactive management of threats through automated collection, analysis, and delivery of patches (all major operating systems and applications) across heterogeneous networks.
  • Lumension® Security Configuration Management - Proactive monitoring of security configurations.
  • Lumension® Content Wizard - Create custom remediation packages to address configuration issues, remove unauthorized files and applications, address zero-day threats, patch custom software and more.
  • Lumension® Enterprise Reporting - Robust data warehouse that enables easy creation and sharing of reports on all aspects of your remediation efforts in support of HIPAA compliance.
  • Lumension® Application Control - Policy-based enforcement of application use to secure your endpoints from malware, spyware and unwanted or unlicensed software.
  • Lumension® Device Control - Policy-based enforcement of removable device use to control the flow of inbound and outbound ePHI.
  • Lumension® AntiVirus - Protection from malware and zero-day threats via traditional signature matching capabilities as well as innovative DNA Matching, SandBox and Exploit Detection technologies.

 

Lumension solutions can help protect covered entities and their business associates against targeted attacks, prevent data loss or theft, enforce security policies, prepare for compliance audits, and lower the cost of IT security.

 

The Cost of Non-Compliance

HIPAA compliance is enforced by the US Department of Health and Human Services (HHS) Office for Civil Rights (OCR) from a civil penalty perspective and by the Department of Justice (DOJ) on the criminal side. The breakdown of the civil penalties are not more than $100 for each violation and not more than $25,000 for all violations of identical type during a single calendar year.6

Improperly obtaining or disclosing individual health information, or improper use of unique health identifiers are subject to the following criminal penalties: 7

  Fine Prison
Knowingly $50,000 1 Year
False Pretenses $100,000 5 Years
For Profit, Gain, or Harm $250,000 10 Years

HIPAA compliance is now being strictly enforced and the penalties for non-compliance are substantial. In fact, the recently signed stimulus package contains significant additions to HIPAA via the HITECH Act. The new rules include a breach notification law, forcing healthcare providers to provide notification to individuals and via "prominent media outlets" if more than 500 people are impacted by a breach, and increase civil and criminal penalties.