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New HHS Regulations
[By Staff Reporters]
Effective September 23, 2009, new regulations issued by the U.S. Department of Health and Human Services (“HHS”) will require covered entities to notify affected individuals and HHS following the discovery of a breach of patient information. These regulations are more expansive than other notification laws that may already exist. Under these new regulations, covered entities must analyze every privacy and/or security incident to determine whether a notification requirement exists and then satisfy detailed notice requirements.
Breach Defined
According to Garfunkel, Wild and Travis PC, a “breach” may be defined as the unauthorized acquisition, access, use or disclosure of unsecured Protected Health Information (“PHI”) which compromises the security or privacy of the PHI. It is important to note that this definition of breach is broader than most state notification laws under which most covered entities have already been operating for a number of years. While state notification laws may only require notification when there is an unauthorized disclosure of social security numbers or other specific kinds of personal information, under these new Federal regulations, unauthorized access, acquisition, use or disclosure of any PHI, not just social security number, is a potential breach. Furthermore; unauthorized uses of PHI, not just access or disclosure, requires notification.
Assessment
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Conclusion
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Filed under: Glossary Terms, Health Law & Policy, Information Technology | Tagged: Department of Health and Human Services, EHRs, EMRs, Garfunkel, HHS, HIPAA, PHI, security breach, Wild and Travis, www.healthdictionaryseries.com |
The Leading Business Education Network for Doctors, Financial Advisors and Health Industry Consultants 
Rest assured, the public is also worried about HIT data privacy
And, a recent poll suggests that as federal officials move forward on expanding the role of IT in the healthcare sector, they need to make sure that public is on board when it comes to who gets access to patient data.
http://ehr.healthcareitnews.com/blog/public-wary-about-data-privacy
Graham
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Cyber Healthcare Criminals
Between January and June 2012, the number of events detected at healthcare organizations nearly doubled.
http://www2.fireeye.com/FierceHC_Advanced_Threat_LP.html
Further, the danger of email-based attacks intensified with cybercriminals targeting electronic health record systems and digitally stored personally identifiable information (PII).
Mark
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Cost and Frequency of Security Breaches, Data Loss, and Unplanned Outages for Healthcare Providers
According to a survey from MeriTalk, health information is often a target for malicious activity and 61 percent of global healthcare organizations surveyed have experienced a security related incident in the form of a security breach, data loss, or unplanned downtime at least once in the past 12 months.
Based on estimates from health IT executives in the Survey, these incidents cost U.S. hospitals an estimated $1.6B each year.
Nearly one in five (19 percent) global healthcare organizations has experienced a security breach in the last 12 months at a cost of $810,189 per incident. Health IT executives say the most common causes for breaches include malware and viruses (58 percent); outsider attacks (42 percent); physical security – loss/theft of equipment (38 percent); and user error (35 percent)
Nearly one in three (28 percent) global healthcare organizations has experienced data loss in the past 12 months at a total cost of $807,571 per incident. And, of those, more than a third (39 percent) have experienced 5 or more incidences of data loss in the past 12 months. Common causes of data loss include hardware failure (51 percent); loss of power (49 percent); and loss of backup power (27 percent)
Almost two out of five (40 percent) global healthcare organizations have experienced an unplanned outage in the past 12 months at a cost of $432,000 per incident. On average, healthcare organizations have lost 57 hours to unplanned downtime over the past 12 months. The most common causes of outages include hardware failure (65 percent); loss of power (49 percent); software failure (31 percent); and data corruption (24 percent)
Source: MeriTalk
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