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Ensuring that your organization
is fully compliant with HIPAA Security rule can be a daunting
task. The requirements for compliance are many and varied and are
mandated largely by the Department of Health and Human Services.
Below we are offering some documentation
that you can use to familiarize yourself with some of the compliance
requirements, and hopefully answer some of the many questions that
can be asked about the Act and it's relevance to your medical or
healthcare related business. All documents are in PDF Format and
can be viewed using Adobe Acrobat Reader.
To see the full version of the document,
click on the link below:
Covered
Entity Verification. Check if your medical business needs to comply
with Health Insurance Portability and Accountability Act policies.
Federal
Register HIPAA Administrative Simplification Final Security Rule
Standard.
HIPAA
Compliance Security Standards
Article
on how the regulations reshape the way people run medical businesses.
The Benefits and Challenges of Implementing Administrative Simplification
and Privacy Rules.
Cygnus Security Corporation specializes
in assisting organizations which are required under the Federal
Statues to be compliant with HIPAA security law and privacy standards.
Please keep in mind that the compliance deadline is April 20 2005.
That means full implementation of the solutions that are required
and/or addressable.
If you are out of compliance
today, you may not be in business tommorow!
We have the
talent! We have the experience! We have the resources! We know compliance!
The Health Insurance Portability
and Accountability Act states that an organization must have a key
person responsible for Security Issues and continued compliance.
We understand that most small businesses do not posses the required
staff to handle such operations. We can serve as your organization's
Chief Security Officer and ensure your compliance with any changes
in the regulations that may arise as well ensure that your patient
and customer information is secured and uncompromised. Please contact
us today for all your HIPAA and Information Security needs.
HIPAA
Security Standards
To improve the efficiency and effectiveness
of the health care system, Congress enacted the Health Insurance
Portability and Accountability Act (HIPAA) of 1996, which included
a series of “administrative simplification” provisions
that required the Department of Health and Human Services (HHS)
to adopt national standards for electronic health care transactions.
All covered entities must be in compliance with the electronic transactions
and code sets standards by October 16, 2003. The law is clear: October
16, 2003 is the deadline for covered entities to comply with HIPAA’s
electronic transaction and code sets provisions. After that date,
covered entities, including health plans, may not conduct noncompliant
transactions. With the October deadline just ahead, HHS has received
a number of inquiries expressing concern over the health care industry’s
state of readiness. In response, the Department believes it is particularly
important to outline its approach to enforcement of HIPAA’s
electronic transactions and code sets provisions. The Department
will continue to provide technical assistance and issue guidance
on the transactions and code sets provisions and compliance therewith.
April 13, 2003 was a landmark date
for healthcare organizations through the United States .
This is the day that the Healthcare Insurance Portability and Accountability
Act of 1996 (HIPAA) Privacy Rule went into effect, carrying with
it security implications in the form of privacy safeguards. Entities
that limit their security planning and evaluation at this time,
thinking that they have until April 21, 2005 to establish their
HIPAA security practices,
may be in for a shock. Full compliance actually requires an understanding
and application of both rules, even with the scope of the final
Security Rule now limited to electronic protected health information
(PHI). An information security program must still consider physical
security,
since the HIPAA Privacy Rule (§164.530(c)) requires appropriate
security for all PHI, regardless of the format or media.
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The final HIPAA Security Rule, published in the Federal Register on February 20, 2003, outlinesthe security standards, implementation standards, and requirements with which all covered entities(i.e., health plans, health care providers, and clearinghouses) must comply with respect to electronic protected health information. This section gives synopsis of the final rule. Each major section is summarized with a brief discussion included as to its potential impact on an entity's security practices.
Security Standards: General Rules (§164.306)
Section §164.306(a) states:
Covered entities must do the following:
(1) Ensure the confidentiality, integrity, and availability of all electronic
protected health information that the covered entity creates, receives, maintains or transmits.
(2) Protect against any reasonably anticipated threats or hazards to the security or integrity of such information.
(3) Protect against any reasonably anticipated uses or disclosures of such information that are not permitted or required under [the Privacy Rule].
(4) Ensure security compliance with this subpart by its workforce (Federal Register, vol. 68, no. 34, 8376).
An entity can develop a flexible approach to their implementation of security, establishing reasonable and appropriate measures to meet the standards (i.e., the requirements) and the implementation specifications, the instructions for implementing these standards (Federal Register, vol. 68, no 34, 8336). The analysis must show that the agency has taken certain factors into consideration such as their environment, their capabilities, and the cost.
As specified by the Federal Register HIPAA Security Rules are subdivided into 3 major categories.
Administrative Safeguards §164.308
Physical Safeguards §164.310
Technical Safeguards § 164.312
Covered entities will undergo a risk assessment process in order to ensure, acknowledge and mitigate the risks associated with Electronic Transmissions, Storage and proper Protection of PHI. The security specifications outline the “required” and “addressable” guidelines. Certain implementation specifications, such as encryption, are designated as “addressable” - an entity may elect not to implement those specifications or implement an alternative. However, the entity must clearly document their analysis of whether their implementation decisions meet the key elements of “reasonable and appropriate.” Logically, this should be done during the risk analysis required by §164.308(a)(ii)(A) with the decisions documented as part of those outcomes. The entity must also review this information and update it “as needed” to ensure continued protection of electronic PHI. The rule does not specify the interval, but the entity should follow best practices.
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HIPAA Administrative Simplification Compliance Deadlines
Date |
Deadline |
October 15, 2002 |
Deadline to submit a compliance extension form for Electronic Health Care Transactions and Code Sets. |
October 16, 2002 |
Electronic Health Care Transactions and Code Sets - all covered entities except those who filed for an extension and are not a small health plan. |
April 14, 2003 |
Privacy - all covered entities except small health plans. |
April 16, 2003 |
Electronic Health Care Transactions and Code Sets - all covered entities must have started software and systems testing. |
October 16, 2003 |
Electronic Health Care Transactions and Code Sets - all covered entities who filed for an extension and small health plans. |
October 16, 2003 |
Medicare will only accept paper claims under limited circumstances. |
April 14, 2004 |
Privacy - small health plans. |
July 30, 2004 |
Employer Identifier Standard - all covered entities except small health plans. |
April 20, 2005 |
Security Standards - all covered entities except small health plans. |
August 1, 2005 |
Employer Identifier Standard - small health plans. |
April 20, 2006 |
Security Standards – small health plans. |
May 23, 2007 |
National Provider Identifier - all covered entities except small health plans |
May 23, 2008 |
National Provider Identifier - small health plans |
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