Premium Essay

Breach Notification Rules

In: Computers and Technology

Submitted By IshwarPuri
Words 1771
Pages 8
Breach Notification Rules The intent of this paper is to define breach notification rules of the Health Insurance Portability and Accountability Act (HIPAA) in the United States (U.S.) and to discuss their objectives and purpose. To achieve this end, it is necessary to conduct a background analysis of the HIPAA breach notification rules. In addition, an evaluation of these rules will be highlighted. Moreover, the impact of the Final Omnibus Rule (FOR) of 2013 on breach notification rules will be emphasized. Finally, the way head will be underscored.
Background
In August 1996, President Bill Clinton signed HIPAA, which is the single most significant federal legislation affecting the U.S. health care industry since the creation of the Medicare and Medicaid programs in 1965. The five primary goals of the HIPAA legislation are:
1. To improve portability and continuity of health insurance coverage for individuals and groups.
2. To combat fraud, waste, and abuse in the health care industry.
3. To promote the use of medical savings accounts.
4. To improve access to long-term health care services and coverage.
5. To establish standards for administrative simplification (HIPAA, 1996). The Interim Final Rule for Breach Notification for Unsecured Protected Health Information, issued pursuant to the Health Information Technology for Economic and Clinical Health (HITECH) Act, which enacted as part of the American Recovery and Reinvestment Act (ARRA) of 2009, was published in the Federal Register on August 24, 2009 by the Department of Health and Human Services (HHS), and became effective on September 23, 2009. During the sixty-day public comment period on the Interim Final Rule (IFR), HHS received approximately 120 comments (Coffield, 2009). HITECH Act requires the covered entity (CE) and the business associate (BA) under HIPAA

Similar Documents

Premium Essay

Breach Hippa

...HIPAA- How To Avoid Data Breach? How do data breaches occur? • we suspect our information system has been • targeted and patient information exposed. After one a laptop and other portable device is lost or stolen. • We did a rapid assessment to mitigation of damage and is and define scope of the incident we discovered following facts: – – – – data are not encrypted laptop are not protected by password Information of patients are exposed. No log file exist What are consequences of these breaches ? A data security breach can have devastating consequences for healthcare organizations as well as patients or clients What are our strategies to prevent theses breaches • We must be in compliance with the final HIPAA Omnibus Rule through following : – Administrative safeguards – Physical safeguards – Technical safeguards What is HIPAA? • HIPAA: Health Insurance Portability and Accountability Act • It was passed by Congress in 1996 • broadly applicable to the health care industry • intended to address security for both electronic and physical patient records • standardizing electronic exchange of administrative & financial data in health care system • It includes requirements for: • Transfer and continuation of health insurance coverage • Reducing healthcare fraud and waste – The protection and confidential handling of protected health information (PHI) What is a breach? – A breach is an impermissible use or disclosure that compromises the security or privacy of PHI and poses...

Words: 3265 - Pages: 14

Premium Essay

Integrated Distributors Incorporated (Idi), a Publically Traded Company, Has Its Home Office Located in Billings, Montana. Idi Has More Than 4000 Employees in the Following Locations:

...[pic] Incident Response Plan Template for Breach of Personal Information Notice to Readers Acknowledgments Introduction Incident Response Plan Incident Response Team Incident Response Team Members Incident Response Team Roles and Responsibilities Incident Response Team Notification Types of Incidents Breach of Personal Information – Overview Definitions of a Security Breach Requirements Data Owner Responsibilities Location Manager Responsibilities When Notification Is Required Incident Response – Breach of Personal Information Information Technology Operations Center Chief Information Security Officer Customer Database Owners Online Sales Department Credit Payment Systems Legal Human Resources Network Architecture Public Relations Location Manager Appendix A MasterCard Specific Steps Visa U.S.A. Specific Steps Discover Card Specific Steps American Express Specific Steps Appendix B California Civil Code 1798.82 (Senate Bill 1386) Health Insurance Portability and Accountability Act of 1996 (HIPAA) Gramm-Leach-Bliley Act (GLBA) Appendix C Escalation Members (VP Level of Management) Auxiliary Members (as needed) External Contacts (as needed) Notification Order Escalation Member Notification List Notice to Readers Incident Response Plan – Template for Breach of Personal Information does not represent an official position of the American Institute...

Words: 8476 - Pages: 34

Premium Essay

“Privacy and Health Information Technology”

...across health care settings. Health IT facilitates the creation of a comprehensive health record that can move with an individual over his or her lifetime, in contrast to the fragmented records that exist today. Further, health IT is promoted as a critical tool for improving population health by allowing for the more efficient gathering of data regarding the effectiveness of certain treatments. Finally, health IT is also expected to help decrease health costs by reducing the duplication of services and the delivery of unnecessary or inappropriate care. This paper examines some of the “gaps” in privacy protections that arise out of the current federal health privacy standard, the Health Insurance Portability and Accountability (HIPAA) Privacy Rule, the main federal law which governs the use and disclosure of health information. Additionally, it puts forth a range of possible solutions, accompanied by arguments for and against each. The solutions provide some options for strengthening the current legal framework of privacy protections in order to build public trust in health IT and facilitate its use for health reform. The American Recovery and Reinvestment Act (ARRA) enacted in February 2009 include a number of changes to HIPAA and its regulations, and those changes are clearly noted among...

Words: 3190 - Pages: 13

Premium Essay

What the Heck

...2015 International Compendium of Data Privacy Laws COUNTRY BY REGION Australia Australia................................................................................................................................. 6 Central Asia China (People’s Republic) .................................................................................................. 37 Hong Kong........................................................................................................................... 78 India..................................................................................................................................... 88 Japan................................................................................................................................. 106 South Korea....................................................................................................................... 149 Taiwan ............................................................................................................................... 157 Central America Bahamas ............................................................................................................................. 16 Costa Rica ........................................................................................................................... 43 Trinidad and Tobago.......................................................................................................... 160 Europe Austria .............

Words: 64291 - Pages: 258

Premium Essay

HIPAA Breach Notification Principles

...HIPAA instituted the national standards for the privacy and security of guarding patient health information and the HITECH created breach notification requirements to provide more transparency for the patient whose information may be at threaten. HITECH insist on the HHS Office for Civil Rights to conduct administer and manage recurring audits for covered entity and business associate compliance with the HIPAA Privacy, Security, and Breach Notification Rules. HHS phase 2 of the program will audit both covered entities and business associates. The definition of covered entity for HIPAA is health plans, healthcare clearinghouses, and providers who transmit health information electronically in connection with HHS adopted standards. Once providers,...

Words: 282 - Pages: 2

Premium Essay

Law and Ethics Medicine Paper

...medical records; however do not have access to psychotherapy notes. HIPAA privacy rules limits on who can see your medical records. Any information pertaining conversations with medical staff, health insurance, billing information and health information is protected. For example, employers cannot see you medical records and can’t be shared; unless you give your employer, a written consent or authorization. If rights are being denied based on discrimination or a violation of HIPAA privacy or security rule occurs; a complaint can be filed. Therefore; HIPAA does affect medical records, but it also protects our health information. A complaint is filed; when a cover entity has violated health information either by privacy rights or violation of privacy rules or security rules. Any person can file the complaint. The complaint must be filed in writing either by paper or electronically. When emailing the complaint, a signature is not needed for consent forms or the complaint. An email represents the signature. The complaint must name the cover entity and description of the violation act of what you believed that was violated and what happened. The complaint must be filed within 180 days from the day the incident occurred. For an extension, you must show a good cause to the office of civil rights. A complaint filed can be sent by mail, fax or email. Cover entities are required to provide any notifications of breached of unsecured protected health information. Cover entity must notify affected...

Words: 930 - Pages: 4

Premium Essay

Internet Security

...HIPAA provisions that mandated the adoption of Federal privacy protections for identifiable classifiable health data. HHS published a final Privacy rule Dec 2000 that was later modified in August 2002. This Rule set national standards for the protection of individually identifiable health data by three types of covered entities: health plans, health care clearinghouses, and health care providers who conduct the quality health care transactions electronically. Compliance with the Privacy Rule was needed as of April 14, 2003 (April 14, 2004, for little health plans). HHS published a final Security rule in 2003. This Rule sets national standards for safeguarding the confidentiality, integrity, and availability of electronic protected health data. Compliance with the protection Rule was needed as of Apr 20, 2005 (April 20, 2006 for little health plans). OCR administers and enforces the Privacy Rule and also the Security Rule. other HIPAA administrative Simplification Rules are administered and implemented by the Centers for Medicare & Medicaid Services, and include Transactions and Code Sets Standards, employer identifier customary, National provider identifier standard. The enforcement Rule provides standards for the enforcement of all the administrative Simplification Rules. All of the HIPAA administrative Simplification Rules...

Words: 424 - Pages: 2

Free Essay

Adminstratve Ethics

...and the population it affects the most. Along with ethical and legal issues dealing with breaches of patients records and explain managerial responsibilities related to patient privacy. Identify any proposed solutions. The issue is patient privacy” previous regulations had required a practice to notify affected patients and the federal government only if it determined that a breach involving patient records had occurred and that it carried a significant risk of financial or reputational harm to patients”. “Which raised concerns from privacy advocates that practices should not have the discretion to determine those matters” (Lubell, Jenifer, HIPPA gets tougher on physicians, February 4, 2013 www.amednews.com/APPS/PBCS.DLL/PERSONALIA?ID=JLUBELL). This issue has had and impact on physicians, “under the new privacy rules doctors must assume the worst case scenario in the event of a possible privacy breach”. “Now any incident involving patient records is assumed to be a breach, unless a practice conducts a risk assessment that proves a low probability that any protected information was compromised the breach must be reported”(Lubell, Jenifer, HIPPA gets tougher on physicians, February 4, 2013 www.amednews.com/APPS/PBCS.DLL/PERSONALIA?ID=JLUBELL). The argument that is being used is that “some of the largest security breaches have involved business associates of plans, doctors, and other professionals”.” An analysis of large data breaches reported to the department of health and...

Words: 1272 - Pages: 6

Premium Essay

Security Breaches in Health Care

...widely scrutinized data breaches in 2014”. A data breach is an incident in which sensitive, protected or confidential data has potentially been viewed, stolen or used by an individual unauthorized to do so. Data breaches may involve personal health information (PHI), personally identifiable information (PII), trade secrets or intellectual property. A data breach is an incident in which sensitive, protected or confidential data has potentially been viewed, stolen or used by an individual unauthorized to do so. Data breaches may involve personal health information (PHI), personally identifiable information (PII), trade secrets or intellectual property. According to laws in 40 states, when a data security breach occurs, notification must be made to the affected individuals. Depending on the size and scope of the breach, notification can be handled in a variety of ways, including by mail, telephone, email or through the news media. The Health Insurance Portability and Accountability Act (HIPAA) protect patients' privacy and simplify the administrative processes. Information security considerations are involved throughout the guidelines and play a significant role in complying with the Privacy Rule. The purpose of this rule is to secure personally identifiable information (PII) as it travels through the healthcare system. Healthcare organizations, including providers, payers, and clearinghouses, must comply with the Privacy Rule. In 2010, the Attorney General’s Office from...

Words: 1280 - Pages: 6

Premium Essay

Hippa

...been complaint-driven investigations arising from alleged violations of the HIPAA privacy or security standards (Arant, 2011). Pursuant to the HITECH Act, a more robust enforcement program was created to make a more ???? The U.S. Department of Health & Human Services' Office for Civil Rights (OCR) administers HIPAA (including the HITECH amendments) by investigating complaints, enforcing rights, promulgating regulations, developing policy and providing technical assistance and public education. Since the enactment of HITECH in 2009, OCR has assumed another function: compliance audits. HITECH requires periodic audits to ensure that covered entities and business associates are complying with the HIPAA privacy and security rules and breach notification standards (ICEMiller Legal Counsel, 2013). In November 2011, OCR began a pilot audit...

Words: 1705 - Pages: 7

Premium Essay

Administrative Ethics

...them to care for their patients when away from their physical practice. As mobile devices have developed, we now have the ability to write and receive emails, dictation, filming, photographing, and image sharing available to most smart phone users. All of these features drastically increase the chance that a patient’s privacy could be breached. If a physician’s mobile device is lost or stolen there is a substantially higher risk of disclosure of a large volume of detailed, identifiable treatment and personal contact information for a wide range of the physician’s patients. Ethical and legal issues Mobile devices are particularly vulnerable to loss and theft because of their small size and portability. The most common form of security breach is the theft of a cell phone. In addition, clinicians are far more likely to use their own personal mobile devices, rather than employer-issued mobile devices, to access and exchange electronic protected health information (ePHI) (Barrett, 2011).  Unfortunately, with the advancement of technology the computer and internet hackers have become more advanced as well. These types of individuals do not hold themselves up to the same ethical morals and values as your average person. Disclosure of potentially very...

Words: 1103 - Pages: 5

Premium Essay

The Pros And Cons Of Data Protection

...I. Introduction: Because of the rapid and comprehensive utilization, sharing and information dissemination of data on the internet, guidelines that are enacted to protect data security have to undergo a lengthy process and several amendments to effectively address problems that may arise from data breach involving data subjects and organizations. Such is the case for the Philippines Data Privacy Act of 2012 and the EU Directive of 1995 which have both undergone reforms to keep up with the evolving demands of data security. This research aims to tackle how the newly revised policies of the Philippines Data Privacy Act of 2012 and the European Union’s new data protection framework would affect issues on data protection as business relationships...

Words: 866 - Pages: 4

Premium Essay

Pirivacy Issues

...Insights on IT risk February 2010 Top privacy issues for 2010 Information serves as an integral part of most business processes. Organizations cannot survive without information and the supporting systems, third parties and manual activities that collect, derive, process, store and make available the information. Organizations rely on information and, therefore, are at risk when the information is degraded. In addition, information often imposes obligations to the organization, whether because a law or regulation requires it, or fiduciary duty demands it. Enterprise governance, risk and compliance (GRC) represents the actions that an organization takes to achieve its performance objectives and manage risk. This includes information risk and the organization’s obligations over the information it owns, produces, uses and makes available to others. Organizations use different kinds of information — financial, business, intellectual property, etc. — each with its own unique governance, risk and compliance considerations. Personal information is one such information category, and in this publication we take a closer look at the specifics of personal information and privacy risk. Insights on IT risk — February 2010 1 Introduction to privacy risk management and compliance This document introduces the related topics of privacy risk management and compliance, describes how they must be addressed integrally to be effectively managed, discusses how effective management...

Words: 6110 - Pages: 25

Premium Essay

Robinson Case Analysis

...Date : April 17, 2010 Reflective Essay Topic : Breach of Contract Introduction and Classification of Law: This article involves contract law- primarily the breach of contract and the punitive damages associated with it. In early 1984 Robinson helicopter Inc contracted Dana parts to purchase sprag clutches for the helicopters that robinson manufactures with a specified design and hardness. The Federal Aviation Administration (FAA) approved design specification for Robinson’s helicopters required sprag clutches of a level of hardness described as “50/55 Rockwell.” Dana initially supplied parts for Robinson that complied with the design specifications. But after 12 years of continuous supply, between July 1996 and October 1997 Dana Corp manufactured and delivered clutches with a higher level of hardness namely “61/63 Rockwell” [ (Robinson Helicopter Company, INC., V. Dana Corporation, 2004) ]. During this period Dana corp did not notify Robinson corp about the changes in design specification and did not obtain the necessary certifications. During the 15-month period, Dana continued to deliver its sprag clutches to Robinson and provided a written certificate of compliance with contract specifications with each shipment. The 61/63 Rockwell sprag clutches with a higher level of hardness suffered a higher level of failure compared to the conforming parts (50/55 Rockwell) [ (Robinson Helicopter Company, INC., V. Dana Corporation, 2004) ]. Moreover Dana did not inform about...

Words: 1511 - Pages: 7

Free Essay

Healthcare Law and It

...health information. In 1996, the Health Information Privacy and Accountability Act also known as HIPAA was passed. This was the first federal law regulating the privacy of health information. HIPAA was “designed primarily to modernize the flow of health information” (Solove, 2013). While at this time medical records were still in paper form, it was clear that health records would become digital in the future. (Solove, 2013). In the early years of HIPAA there was much confusion and no civil enforcement actions were taken. The Department of Health and Human Services (HHS) proposed a privacy regulation that was finalized in 2000. The Privacy Rule “governs personal health information, which is any ‘individually identifiable health information’ a broad definition including paper records.” (Solove, 2013). The HIPAA Security Rule, established in...

Words: 1984 - Pages: 8