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2.7 Million Reasons Cloud Vendors and Data Centers ARE HIPAA Business Associates

Posted on July 25, 2016 I Written By

The following is a guest blog post by Mike Semel, President of Semel Consulting.
Cloud backup
Some cloud service providers and data centers have been in denial that they are HIPAA Business Associates. They refuse to sign Business Associate Agreements and comply with HIPAA.

Their excuses:

“We don’t have access to the data so we aren’t a HIPAA Business Associate.”

“The data is encrypted so we aren’t a HIPAA Business Associate.”

Cloud and hosted phone vendors claim “We are a conduit where the data just passes through us temporarily so we aren’t a HIPAA Business Associate.”

“We tell people not to store PHI in our cloud so we aren’t a HIPAA Business Associate.”

Wrong. Wrong. Wrong. And Wrong.

2.7 million reasons Wrong.
Lawsuit
Oregon Health & Science University (OHSU) just paid $2.7 million to settle a series of HIPAA data breaches “including the storage of the electronic protected health information (ePHI) of over 3,000 individuals on a cloud-based server without a business associate agreement.”

Another recent penalty cost a medical practice $750,000 for sharing PHI with a vendor without having a Business Associate Agreement in place.

The 2013 changes to HIPAA that published in the Federal Register (with our emphasis) state that:

“…we have modified the definition of “business associate” to generally provide that a business associate includes a person who “creates, receives, maintains, or transmits” protected health information on behalf of a covered entity.

…an entity that maintains protected health information on behalf of a covered entity is a business associate and not a conduit, even if the entity does not actually view the protected health information.  We recognize that in both situations, the entity providing the service to the covered entity has the opportunity to access the protected health information.  However, the difference between the two situations is the transient versus persistent nature of that opportunity.  For example, a data storage company that has access to protected health information (whether digital or hard copy) qualifies as a business associate, even if the entity does not view the information or only does so on a random or infrequent basis.” 

A cloud service doesn’t need access to PHI – it just needs to manage or store it– to be a Business Associate. They must secure PHI and sign Business Associate Agreements.

The free, consumer-grade versions of DropBox and Google Drive are not HIPAA compliant. But, the fee-based cloud services, that utilize higher levels of security and for which the vendor will sign a Business Associate Agreement, are OK to use. DropBox Business and Google Apps cost more but provide both security and HIPAA compliance. Make sure you select the right service for PHI.
Encrypted
Encryption
Encryption is a great way to protect health information, because the data is secure and the HIPAA Breach Notification Rule says that encrypted data that is lost or stolen is not a reportable breach.

However, encrypting data is not an exemption to being a Business Associate. Besides, many cloud vendors that deny they have access to encrypted data really do.

I know because I was the Chief Operating Officer for a cloud backup company. We told everyone that the client data was encrypted and we could not access it. The problem was that when someone had trouble recovering their data, the first thing our support team asked for were the encryption keys so we could help them. For medical clients that gave us access to unencrypted PHI.

I also know of situations where data was supposed to be encrypted but, because of human error, made it to the cloud unencrypted.

Simply remembering that Business Associates are covered in the HIPAA Privacy Rule while encryption is discussed in the Breach Notification Rule is an easy way to understand that encryption doesn’t cancel out a vendor’s status as a Business Associate.
27864148 - it engineer or consultant working with backup server. shot in data center.
Data Centers
A “business associate” also is a subcontractor that creates, receives, maintains, or transmits protected health information on behalf of another business associate.

Taken together, a cloud vendor that stores PHI, and the data centers that house servers and storage devices, are all HIPAA Business Associates. If you have your own servers containing PHI in a rack at a data center, that makes the data center a HIPAA Business Associate. If you use a cloud service for offsite backups, or file sharing, they and their data centers are Business Associates.

Most data centers offer ‘Network Operations Center (NOC) services,’ an on-site IT department that can go to a server rack to perform services, so you don’t have to travel (sometimes across the country) to fix a problem.  A data center manager was denying they had access to the servers locked in racks and cages, while we watched his NOC services technician open a locked rack to restart a client server.

Our client, who had its servers containing thousands of patient records housed in that data center, used the on-site NOC services when their servers needed maintenance or just to be manually restarted.
37388020 - pushing cloud computing button on touch screen
Cloud-Based and Hosted Phone Services
In the old days, a voice message left on a phone system was not tied to computers. Faxes were paper-in and paper-out between two fax machines.

HIPAA defines a conduit as a business that simply passes PHI and ePHI through their system, like the post office, FedX, UPS, phone companies and Internet Service Providers that simply transport data and do not ever store it. Paper-based faxing was exempt from HIPAA.

One way the world has changed is that Voice Over Internet Protocol (VOIP) systems, that are local or cloud-based, convert voice messages containing PHI into data files, which can then be stored for access through a portal, phone, or mobile device, or are attached to an e-mail.

Another change is that faxing PHI is now the creation of an image file, which is then transmitted through a fax number to a computer system that stores it for access through a portal, or attaches it to an e-mail.

Going back to the Federal Register statement that it is the persistence of storage that is the qualifier to be a Business Associate, the fact that the data files containing PHI are stored at the phone service means that the vendor is a Business Associate. It doesn’t matter that the PHI started out as voice messages or faxes.

RingCentral is one hosted phone vendor that now offers a HIPAA-compliant phone solution. It encrypts voice and fax files during transit and when stored, and RingCentral will sign a Business Associate Agreement.

Don’t Store PHI With Us
Telling clients not to store PHI, or stating that they are not allowed to do so in the fine print of an agreement or on a website, is just a wink-wink-nod-nod way of a cloud service or data center denying they are a Business Associate even though they know they are maintaining PHI.

Even if they refuse to work with medical clients, there are so many other types of organizations that are HIPAA Business Associates – malpractice defense law firms, accounting firms, billing companies, collections companies, insurance agents – they may as well give it up and just comply with HIPAA.

If they don’t, it can cost their clients if they are audited or through a breach investigation.

Don’t let that be you!

About Mike Semel
Mike Semel is the President of Semel Consulting, which specializes in healthcare and financial regulatory compliance, and business continuity planning.

Mike is a Certified Security Compliance Specialist, has multiple HIPAA certifications, and has authored HIPAA courseware. He has been an MSP, and the CIO for a hospital and a K-12 school district. Mike helped develop the CompTIA Security Trustmark and coaches companies preparing for the certification.

Semel Consulting conducts HIPAA workshops for MSPs and has a referrals program for partners. Visit www.semelconsulting.com for more info.

Don’t Blame HIPAA: It Didn’t Require Orlando Regional Medical Center To Call the President

Posted on June 13, 2016 I Written By

The following is a guest blog post by Mike Semel, President of Semel Consulting. As a Healthcare Scene community, our hearts go out to all the victims of this tragedy.

Orlando Mayor Buddy Dyer said the influx of patients to the hospitals created problems due to confidentiality regulations, which he worked to have waived for victims’ families.

“The CEO of the hospital came to me and said they had an issue related to the families who came to the emergency room. Because of HIPAA regulations, they could not give them any information,” Dyer said. “So I reached out to the White House to see if we could get the HIPAA regulations waived. The White House went through the appropriate channels to waive those so the hospital could communicate with the families who were there.”    Source: WBTV.com

I applaud the Orlando Regional Medical Center for its efforts to help the shooting victims. As the region’s trauma center, I think it could have done a lot better by not letting HIPAA get in the way of communicating with the patients’ families and friends.

In the wake of the horrific nightclub shooting, the hospital made things worse for the victim’s families and friends. And it wasn’t necessary, because built into HIPAA is a hospital’s ability to share information without calling the President of the United States. There are other exemptions for communicating with law enforcement.

The Orlando hospital made this situation worse for the families when its Mass Casualty Incident (MCI) plan should have anticipated the situation. A trauma center should have been better prepared than to ask the mayor for help.

As usual, HIPAA got the blame for someone’s lack of understanding about HIPAA. Based on my experience, many executives think they are too busy, or think themselves too important, to learn about HIPAA’s fundamental civil rights for patients. Civil Rights? HIPAA is enforced by the US Department of Health & Human Services’ Office for Civil Rights.

HIPAA compliance and data security are both executive level responsibilities, although many executives think it is something that should get tasked out to a subordinate. Having to call the White House because the hospital didn’t understand that HIPAA already gave it the right to talk to the families is shameful. It added unnecessary delays and more stress to the distraught families.

Doctors are often just as guilty as hospital executives of not taking HIPAA training and then giving HIPAA a bad rap. (I can imagine the medical practice managers and compliance officers silently nodding their heads.)

“HIPAA interferes with patient care” is something I hear often from doctors. When I ask how, I am told by the doctors that they can’t communicate with specialists, call for a consult, or talk to their patients’ families. These are ALL WRONG.

I ask those doctors two questions that are usually met with a silent stare:

  1. When was the last time you received HIPAA training?
  2. If you did get trained, did it take more than 5 minutes or was it just to get the requirement out of the way?

HIPAA allows doctors to share patient information with other doctors, hospitals, pharmacies, and Business Associates as long as it is for a patient’s Treatment, Payment, and for healthcare Operations (TPO.) This is communicated to patients through a Notice of Privacy Practices.

HIPAA allows doctors to use their judgment to determine what to say to friends and families of patients who are incapacitated or incompetent. The Orlando hospital could have communicated with family members and friends.

From Frequently Asked Questions at the HHS website:

Does the HIPAA Privacy Rule permit a hospital to inform callers or visitors of a patient’s location and general condition in the emergency room, even if the patient’s information would not normally be included in the main hospital directory of admitted patients?

Answer: Yes.

If a patient’s family member, friend, or other person involved in the patient’s care or payment for care calls a health care provider to ask about the patient’s condition, does HIPAA require the health care provider to obtain proof of who the person is before speaking with them?

Answer: No.  If the caller states that he or she is a family member or friend of the patient, or is involved in the patient’s care or payment for care, then HIPAA doesn’t require proof of identity in this case.  However, a health care provider may establish his or her own rules for verifying who is on the phone.  In addition, when someone other than a friend or family member is involved, the health care provider must be reasonably sure that the patient asked the person to be involved in his or her care or payment for care.

Can the fact that a patient has been “treated and released,” or that a patient has died, be released as part of the facility directory?

Answer: Yes.

Does the HIPAA Privacy Rule permit a doctor to discuss a patient’s health status, treatment, or payment arrangements with the patient’s family and friends?

Answer: Yes. The HIPAA Privacy Rule at 45 CFR 164.510(b) specifically permits covered entities to share information that is directly relevant to the involvement of a spouse, family members, friends, or other persons identified by a patient, in the patient’s care or payment for health care. If the patient is present, or is otherwise available prior to the disclosure, and has the capacity to make health care decisions, the covered entity may discuss this information with the family and these other persons if the patient agrees or, when given the opportunity, does not object. The covered entity may also share relevant information with the family and these other persons if it can reasonably infer, based on professional judgment, that the patient does not object. Under these circumstances, for example:

  • A doctor may give information about a patient’s mobility limitations to a friend driving the patient home from the hospital.
  • A hospital may discuss a patient’s payment options with her adult daughter.
  • A doctor may instruct a patient’s roommate about proper medicine dosage when she comes to pick up her friend from the hospital.
  • A physician may discuss a patient’s treatment with the patient in the presence of a friend when the patient brings the friend to a medical appointment and asks if the friend can come into the treatment room.

Even when the patient is not present or it is impracticable because of emergency circumstances or the patient’s incapacity for the covered entity to ask the patient about discussing her care or payment with a family member or other person, a covered entity may share this information with the person when, in exercising professional judgment, it determines that doing so would be in the best interest of the patient. See 45 CFR 164.510(b).

Thus, for example:

  • A surgeon may, if consistent with such professional judgment, inform a patient’s spouse, who accompanied her husband to the emergency room, that the patient has suffered a heart attack and provide periodic updates on the patient’s progress and prognosis.
  • A doctor may, if consistent with such professional judgment, discuss an incapacitated patient’s condition with a family member over the phone.
  • In addition, the Privacy Rule expressly permits a covered entity to use professional judgment and experience with common practice to make reasonable inferences about the patient’s best interests in allowing another person to act on behalf of the patient to pick up a filled prescription, medical supplies, X-rays, or other similar forms of protected health information. For example, when a person comes to a pharmacy requesting to pick up a prescription on behalf of an individual he identifies by name, a pharmacist, based on professional judgment and experience with common practice, may allow the person to do so.

Other examples of hospital executives’ lack of HIPAA knowledge include:

  • Shasta Regional Medical Center, where the CEO and Chief Medical Officer took a patient’s chart to the local newspaper and shared details of her treatment without her permission.
  • NY Presbyterian Hospital, which allowed the film crew from ABC’s ‘NY Med’ TV show to film dying and incapacitated patients.

To healthcare executives and doctors, many of your imagined challenges caused by HIPAA can be eliminated by learning more about the rules. You need to be prepared for the 3 a.m. phone call. And you don’t have to call the White House for help.

About Mike Semel
Mike Semel, President of Semel Consulting,  is a certified HIPAA expert with over 12 years’ HIPAA experience and 30 years in IT. He has been the CIO for a hospital and a K-12 school district; owned and managed IT companies; ran operations at an online backup provider; and is a recognized HIPAA expert and speaker. He can be reached at mike@semelconsulting.com or 888-997-3635 x 101.

Can Healthcare Ransomware Be Stopped? Yes, It Can!

Posted on May 25, 2016 I Written By

The following is a guest blog post by Steven Marco, CISA, ITIL, HP SA and President of HIPAA One®.
Steven Marco - HIPAA expert
As an Auditor at HIPAA One®, my goal is to dot every “i” and cross every “t” to ensure a comprehensive HIPAA Security Risk Analysis.  The HIPAA One® Security Risk analysis is a tool to guarantee compliance, automate risk calculations and identify high-risk technical, administrative, physical and organizational vulnerabilities.

Recently, I was on-site for a client named “Care Health” (name changed to protect their identity). Care Health had invested in the highest level of our SRA (Security Risk Analysis) to cover all aspects of security and protection from Ransomware, malware, and the proverbial “sophisticated malware.”

The HIPAA One® HIPAA Security Risk Analysis and Compliance Interview process guided Care Health through a series of HIPAA citation-based questions and required users to upload documents to demonstrate compliance.  These questions directly addressed the organization’s security controls in place to protect against ransomware and cyber-threats.  You can see a sample of the citation-driven controls HIPAA One required for malware and malicious software below:

Technical Audit Controls 164.312(b)
HIPAA One® Requirement:  Upload screenshots of the systems configuration page(s) detecting malware network communications or ePHI/PII going out/in.
Client Controls:  End-user education on malware and phishing. Cisco IPS/IPS module active to block critical threats and WebSense Filter for deep-packet web-traffic inspection.

Administrative Protection from Malicious Software 164308(a)(5)(ii)(B)
HIPAA One® Requirement:  Provide a document showing a list of all servers, workstations and other devices with updated AV Software versions.
Client Controls: BitDefender Enterprise deployed on all workstations and laptops.

Administrative Procedures to guard against malicious software 164.308(a)(5)(ii)(B)
HIPAA One® Requirement:  Please upload a list of each server and sample of PC devices containing server name, O/S version, Service pack and the most recent security updates as available by the software vendor.  Verify critical security patches are current.
Client Controls:  Microsoft Security Operations Center combined with an exhausting change-management process to test new patches prior to release.

HIPAA Citation:  Administrative Training program for workers and managers 164.308(a)(5)(i) for the HR Director role.
HIPAA One® Requirement: Please upload a screen capture of the HIPAA training system’s grades for individual employees and detail the training/grading system in notes section.  Go through training and verify it efficiently addresses organization’s Policies and Procedures with real-world threats.
Client Controls:  Training that is due and required before bonuses, pay-raises or schedule to work are awarded.  Workforce and IT Helpdesk are trained to forward any calls regarding suspicious activities to the HIPAA Security Officer (HSO).

HIPAA Security Risk Analysis Tool

Back to the Ransomware attack…One day during the project, two staff members’ in the Billing department were going about their daily tasks, which involved working with shared files in a network-mapped drive (e.g. N: drive).  One of them noticed new files were being spontaneously created and the file icons in the network folder were changing. Being attentive, she noticed one was named ransom.txt.

Acting quickly, she contacted the IT Helpdesk who were trained to triage all security-related service-desk requests immediately to the HIPAA Security Officer(HSO).   The HSO logged-into the N: shared drive and found Care Health files were slowly being encrypted!

How do you stop a Ransomware attack?
The Security officer ran Bitdefender full-scans on the Billing department computers and found nothing.  He then installed and ran Windows Defender, which has the most current malicious software removal utilities on Server 2012 and found Tescrypt.  Installing Windows Defender on the two desktops not only detected this, but also removed it.

This Ransomware variant had somehow infected the system and was encrypting these files.  The quick-acting team at Care Health recognized the attack and stopped the Tescrypt variant before patient data were compromised.  Backups were used to restore the few-dozen encrypted files on the network-drive. It was a close call, but Care Health was ready and the Crisis Averted.

Upon a configuration review of all of Care Health’s security appliances, WebSense had been configured to allow “zero-reputation” websites through.  Zero-reputation websites are new sites without a known reputation and are commonly used by hackers to send these types of attacks. At Care Health, the Ransomware apparently came from a valid website with an infected banner ad from a zero-reputation source. The banner ad was configured to trigger a client-browser download prior to the user being allowed to see the valid web page.  This forced visitors to this website to download the executable virus from the banner-ad and unknowingly installing the Ransomware on their local computer.  When downloaded, the Ransomware would start encrypting files in high-lettered network-drives first.

Lesson Learned
Ransomware is here to stay and attacks are rising.  Healthcare organizations need to have policies and procedures in place to prevent these attacks and a comprehensive user training and awareness program.  The HIPAA One® software is one of the most secure ways to implement a HIPAA Security Compliance Program.  But a risk analysis is only one step… Ultimately, organizations must build top line end-user awareness and training programs. So like at Care Health, the employees know to quickly report suspicious activities to the designated security officer to defend against Ransomware, Phishing and “sophisticated malware attacks”.

To learn more about stopping Malware and using HIPAA One® as your HIPAA Security Risk Analysis accelerator, click to learn more, or call us a 801-770-1199.

HIPAA One® is a proud sponsor of EMR and HIPAA.

The Real HIPAA Blog Series on Health IT Buzz

Posted on April 8, 2016 I Written By

John Lynn is the Founder of the HealthcareScene.com blog network which currently consists of 10 blogs containing over 8000 articles with John having written over 4000 of the articles himself. These EMR and Healthcare IT related articles have been viewed over 16 million times. John also manages Healthcare IT Central and Healthcare IT Today, the leading career Health IT job board and blog. John is co-founder of InfluentialNetworks.com and Physia.com. John is highly involved in social media, and in addition to his blogs can also be found on Twitter: @techguy and @ehrandhit and LinkedIn.

If you’re not familiar with the Health IT Buzz blog, it’s the Health IT blog that’s done by ONC (Office of the National Coordinator). I always love to see the government organizations blogging. No doubt they’re careful about what they post on their blog, but it still provides some great insights into ONC’s perspective on health IT and where they might take future regulations and government rules.

A great example of this is the Real HIPAA series of blog posts that they posted back in February. Yes, I realize I’m behind, but I’ll blame it on HIMSS.

Here’s an overview of the series:

It’s a common misconception that the Health Insurance Portability and Accountability Act (HIPAA) makes it difficult, if not impossible, to move electronic health data when and where it is needed for patient care and health. This blog series and accompanying fact sheets aim to correct this misunderstanding so that health information is available when and where it is needed.

The blog series dives into the weeds a bit and so it won’t likely be read by the average doctor or nurse. However, it’s a great resource for HIPAA privacy officers, CIOs, CSOs, and others interested in healthcare interoperability. I can already see these blog posts being past around management teams as they discuss what data they’re allowed to share, with whom, and when.

What’s clear in the series is that ONC wants to communicate that HIPAA is meant to enable health data sharing and not discourage it. We all know people who have used HIPAA to stop sharing. We’ll see if we start seeing more people use it as a reason to share it with the right people at the right time and the right place.

To Improve Health Data Security, Get Your Staff On Board

Posted on February 2, 2016 I Written By

Anne Zieger is a healthcare journalist who has written about the industry for 30 years. Her work has appeared in all of the leading healthcare industry publications, and she's served as editor in chief of several healthcare B2B sites.

As most readers know, last year was a pretty lousy one for healthcare data security. For one thing, there was the spectacular attack on health insurer Anthem Inc., which exposed personal information on nearly 80 million people. But that was just the headline event. During 2015, the HHS Office for Civil Rights logged more than 100 breaches affecting 500 or more individuals, including four of the five largest breaches in its database.

But will this year be better? Sadly, as things currently stand, I think the best guess is “no.” When you combine the increased awareness among hackers of health data’s value with the modest amounts many healthcare organizations spend on security, it seems like the problem will actually get worse.

Of course, HIT leaders aren’t just sitting on their hands. According to a HIMSS estimate, hospitals and medical practices will spend about $1 billion on cybersecurity this year. And recent HIMSS survey of healthcare executives found that information security had become a top business priority for 90% of respondents.

But it will take more than a round of new technical investments to truly shore up healthcare security. I’d argue that until the culture around healthcare security changes — and executives outside of the IT department take these threats seriously — it’ll be tough for the industry to make any real security progress.

In my opinion, the changes should include following:

  • Boost security education:  While your staff may have had the best HIPAA training possible, that doesn’t mean they’re prepared for growing threat cyber-strikes pose. They need to know that these days, the data they’re protecting might as well be money itself, and they the bankers who must keep an eye on the vault. Health leaders must make them understand the threat on a visceral level.
  • Make it easy to report security threats: While readers of this publication may be highly IT-savvy, most workers aren’t. If you haven’t done so already, create a hotline to report security concerns (anonymously if callers wish), staffed by someone who will listen patiently to non-techies struggling to explain their misgivings. If you wait for people who are threatened by Windows to call the scary IT department, you’ll miss many legit security questions, especially if the staffer isn’t confident that anything is wrong.
  • Reward non-IT staffers for showing security awareness: Not only should organizations encourage staffers to report possible security issues — even if it’s a matter of something “just not feeling right” — they should acknowledge it when staffers make a good catch, perhaps with a gift card or maybe just a certificate. It’s pretty straightforward: reward behavior and you’ll get more of it.
  • Use security reports to refine staff training: Certainly, the HIT department may benefit from alerts passed on by the rest of the staff. But the feedback this process produces can be put to broader use.  Once a quarter or so, if not more often, analyze the security issues staffers are bringing to light. Then, have brown bag lunches or other types of training meetings in which you educate staffers on issues that have turned up regularly in their reports. This benefits everyone involved.

Of course, I’m not suggesting that security awareness among non-techies is sufficient to prevent data breaches. But I do believe that healthcare organizations could prevent many a breach by taking advantage of their staff’s instincts and observational skills.

Medical Device and Healthcare IT Security

Posted on December 21, 2015 I Written By

John Lynn is the Founder of the HealthcareScene.com blog network which currently consists of 10 blogs containing over 8000 articles with John having written over 4000 of the articles himself. These EMR and Healthcare IT related articles have been viewed over 16 million times. John also manages Healthcare IT Central and Healthcare IT Today, the leading career Health IT job board and blog. John is co-founder of InfluentialNetworks.com and Physia.com. John is highly involved in social media, and in addition to his blogs can also be found on Twitter: @techguy and @ehrandhit and LinkedIn.

In case you haven’t noticed, we’ve been starting to do a whole series of Healthcare Scene interviews on a new video platform called Blab. We also archive those videos to the Healthcare Scene YouTube channel. It’s been exciting to talk with so many smart people. I’m hoping in 2016 to average 1 interview a week with the top leaders in healthcare IT. Yes, 52 interviews in a year. It’s ambitious, but exciting.

My most recent interview was with Tony Giandomenico, a security expert at Fortinet, where we talked about healthcare IT security and medical device security. In this interview we cover a lot of ground with Tony around healthcare IT security and medical device security. We had a really broad ranging conversation talking about the various breaches in healthcare, why people want healthcare data, the value of healthcare data, and also some practical recommendations for organizations that want to do better at privacy and security in their organization. Check out the full interview below:

After every interview we do, we hold a Q&A after party where we open up the floor to questions from the live audience. We even allow those watching live to hop on camera and ask questions and talk with our experts. This can be unpredictable, but can also be a lot of fun. In this after party we were lucky enough to have Tony’s colleague Aamir join us and extend the conversation. We also talked about the impact of a national patient identifier from a security and privacy perspective. Finally, we had a patient advocate join us and remind us all of the patient perspective when it comes to the loss of trust that happens when a healthcare organization doesn’t take privacy and security seriously. Enjoy the video below:

Doing a Proper HIPAA Risk Assessment with Mike Semel

Posted on November 19, 2015 I Written By

John Lynn is the Founder of the HealthcareScene.com blog network which currently consists of 10 blogs containing over 8000 articles with John having written over 4000 of the articles himself. These EMR and Healthcare IT related articles have been viewed over 16 million times. John also manages Healthcare IT Central and Healthcare IT Today, the leading career Health IT job board and blog. John is co-founder of InfluentialNetworks.com and Physia.com. John is highly involved in social media, and in addition to his blogs can also be found on Twitter: @techguy and @ehrandhit and LinkedIn.

HIPAA Risk Assessments have become a standard in healthcare. However, not everyone is doing a proper HIPAA Risk Assessment that would hold up to a HIPAA audit. In this video, we sits down with HIPAA Expert Mike Semel to discuss the HIPAA Risk Assessment and what a health care organization can do to make sure they’ve done a proper HIPAA Risk Assessment.

Learn more about Mike Semel and his services on the Semel Consulting website.

Full Disclosure: Semel Consulting is a sponsor of Healthcare Scene.

There’s More to HIPAA Compliance Than Encryption

Posted on March 24, 2015 I Written By

The following is a guest blog post by Asaf Cidon, CEO and Co-Founder of Sookasa.
Asaf Cidon
The news that home care provider Amedisys had a HIPAA breach involving more than 100 lost laptops—even though they contained encrypted PHI—might have served as a wake-up call to many healthcare providers.  Most know by now that they need to encrypt their files to comply with HIPAA and prevent a breach. While it’s heartening to see increased focus on encryption, it’s not enough to simply encrypt data. To ensure compliance and real security, it’s critical to also manage and monitor access to protected health information.

Here’s what you should look for from any cloud-based solution to help you remain compliant.

  1. Centralized, administrative dashboard: The underlying goal of HIPAA compliance is to ensure that ­­organizations have meaningful control over their sensitive information. In that sense, a centralized dashboard is essential to provide a way for the practice to get a lens into the activities of the entire organization. HIPAA also stipulates that providers be able to get Emergency Access to necessary electronic protected health information in urgent situations, and a centralized, administrative dashboard that’s available on the web can provide just that.
  1. Audit trails: A healthcare organization should be able to track every encrypted file across the entire organization. That means logging every modification, copy, access, or share operation made to encrypted files—and associating each with a particular user.
  1. Integrity control: HIPAA rules mandate that providers be able to ensure that ePHI security hasn’t been compromised. Often, that’s an element of the audit trails. But it also means that providers should be able to preserve a complete history of confidential files to help track and recover any changes made to those files over time. This is where encryption can play a helpful role too: Encryption can render it impossible to modify files without access to the private encryption keys.
  1. Device loss / theft protection: The Amedisys situation illustrates the real risk posed by lost and stolen devices. Amedisys took the important first step of encrypting sensitive files. But it isn’t the only one to take. When a device is lost or stolen, it might seem like there’s little to be done. But steps can and should be taken to decrease the impact a breach in progress. Certain cloud security solutions provide a device block feature, which administrators can use to remotely wipe the keys associated with certain devices and users so that the sensitive information can no longer be accessed. Automatic logoff also helps, because terminating a session after a period of inactivity can help prevent unauthorized access.
  1. Employee termination help: Procedures should be implemented to prevent terminated employees from accessing ePHI. But the ability to physically block a user from accessing information takes it a step further. Technical tools such as a button that revokes or changes access permission in real-time can make a big impact.

Of course encryption is still fundamental to HIPAA compliance. In fact, it should be at the center of any sound security policy—but it’s not the only step to be taken. The right solution for your practice will integrate each of these security measures to help ensure HIPAA compliance—and overall cyber security.

About Asaf Cidon
Asaf Cidon is CEO and co-founder of cloud security company Sookasa, which encrypts, audits and controls access to files on Dropbox and connected devices, and complies with HIPAA and other regulations. Cidon holds a Ph.D. from Stanford University, where he specialized in mobile and cloud computing.

NueMD’s Startling HIPAA Compliance Survey Results

Posted on December 12, 2014 I Written By

John Lynn is the Founder of the HealthcareScene.com blog network which currently consists of 10 blogs containing over 8000 articles with John having written over 4000 of the articles himself. These EMR and Healthcare IT related articles have been viewed over 16 million times. John also manages Healthcare IT Central and Healthcare IT Today, the leading career Health IT job board and blog. John is co-founder of InfluentialNetworks.com and Physia.com. John is highly involved in social media, and in addition to his blogs can also be found on Twitter: @techguy and @ehrandhit and LinkedIn.

In a recent HIPAA compliance survey of 1,000 medical practices and 150 medical billing companies, NueMD found some really startling results about medical practices’ understanding and compliance with HIPAA. You can see their research methodology here and the full HIPAA Compliance survey results.

This is the most in depth HIPAA survey I’ve ever seen. NueMD and their partners Porter Research and The Daniel Brown Law Group did an amazing job putting together this survey and asking some very important questions. The full results take a while to consume, but here’s some summary findings from the survey:

  • Only 32 percent of medical practices knew the HIPAA audits were taking place
  • 35 percent of respondents said their business had conducted a HIPAA risk analysis
  • 34 percent of owners, managers, and administrators reported they were “very confident” their electronic devices containing PHI were HIPAA compliant
  • 24 percent of owners, managers, and administrators at medical practices reported they’ve evaluated all of their Business Associate Agreements
  • 56 percent of office staff and non-owner care providers at practices said they have received HIPAA training within the last year

The most shocking number for me is that only 35% of respondents had conducted a HIPAA risk analysis. That means that 65% of practices are in violation of HIPAA. Yes, a HIPAA risk analysis isn’t just a requirement for meaningful use, but was and always has been a part of HIPAA as well. Putting the HIPAA risk assessment in meaningful use was just a way for HHS to try and get more medical practices to comply with HIPAA. I can’t imagine what the above number would have been before meaningful use.

These numbers explain why our post yesterday about HIPAA penalties for unpatched and unsupported software is likely just a preview of coming attractions. I wonder how many more penalties it will take for practices to finally start taking the HIPAA risk assessment seriously.

Thanks NueMD for doing this HIPAA survey. I’m sure I’ll be digging through your full survey results as part of future posts. You’ve created a real treasure trove of HIPAA compliance data.

What Do We Know About Minimum Necessary Coming to HIPAA?

Posted on November 14, 2014 I Written By

John Lynn is the Founder of the HealthcareScene.com blog network which currently consists of 10 blogs containing over 8000 articles with John having written over 4000 of the articles himself. These EMR and Healthcare IT related articles have been viewed over 16 million times. John also manages Healthcare IT Central and Healthcare IT Today, the leading career Health IT job board and blog. John is co-founder of InfluentialNetworks.com and Physia.com. John is highly involved in social media, and in addition to his blogs can also be found on Twitter: @techguy and @ehrandhit and LinkedIn.

We recently sat down with Alisha R. Smith, RHIA, HIM Compliance Educator at Healthport, to talk about HIPAA Omnibus and one of the components that was left out of the HIPAA Omnibus final rule: minimum necessary. In the video below, Alisha talks about what your company can do to prepare for minimum necessary and what minimum necessary might require if it gets included in future HIPAA requirements.

What do you think about Alisha’s recommendations? Do you think that legislation will be passed to include minimum necessary as part of HIPAA?