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These regulations not only apply to transmission of messages containing PHI between provider and patient, but to the internal handling and storage of PHI by authorized staff members and other medical professionals treating particular patients.Īdditional safeguards include assigning unique usernames and requiring strong passwords for every individual who has the authority to access patient data. These records must describe who accessed the data, what dates the data was accessed, how many times each person accessed particular data files, how much of the data was accessed during each occurrence, and with whom the data was shared, along with details of precisely what data was shared. HIPAA regulations require detailed audits and record keeping concerning access to privileged data. Adequate protection and HIPAA compliance can be achieved by a US DoD 5220.22-M (8-306./E) three-pass data destruction system. Ideally, third-party email transmission systems also include a multi-pass wipe system as a backup. Under the Department of Health and Human Services special publication 800-88, "Guidelines for Media Sanitization," third-party email transmission systems must also destroy electronic files containing PHI at regular intervals. government uses to safeguard data that is critical to maintain national security. The gold standard is military-grade 256-bit encryption the same level of security that the U.S. Data and email messages transmitted over closed systems, such as an internal intranet, are not required to be encrypted, although encryption is allowed. This encryption requirement applies for data that is transmitted over open email transmission networks, as well as for data being stored on servers for any length of time. HIPAA compliance also demands that encryption keys must never be stored on the same server as email or other transmission. Providers must evaluate how open networks are utilized, and identify adequate means to protect sensitive data transmission. Under HIPAA regulation 45 CFR 164.312(a) (2) (IV) and (e) (2) (ii), covered entities, including physicians and other health care providers, must employ encryption methods to safeguard PHI. This involves addressing three areas associated with protecting privileged PHI: technical, administrative and physical. This information will empower you to choose a secure email transmission system that is up to the task of protecting PHI and sensitive legal client data from prying eyes, and that is also capable of protecting you from potential adverse legal action. The information included here will help you understand how HIPAA regulations impact electronic communications within your office and between you and your patients or clients. Bush and President Barack Obama have both advocated for a general transition to electronic record-keeping as a means of more efficient data storage and to allow easier portability of patient records between health car providers.įortunately, it's not necessary to give up the convenience and speed of email to comply with HIPAA regulations. Nonetheless, during the past 20 years, email has replaced regular mail and even faxes for much of the written communication that takes place between individuals and in business. Messages containing PHI that are transmitted by unencrypted email are vulnerable to hackers, identity thieves and plain old misdirection. However, if you're a physician communicating with a patient, using email to transmit sensitive information from patient healthcare records can lead to trouble.
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The Security Rule section of HIPAA does not specifically prohibit sending PHI or sensitive legal data by email.
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The Office for Civil Rights within the Department of Health and Human Services became responsible for implementing HIPAA regulations on July 27, 2009. Health care providers were required to adhere to HIPAA regulations regarding Patient Health Information (PHI) beginning on April 30, 2005. Enforcement of the Privacy Rule began April 14, 2003. HIPAA's final Privacy Rule was published in December 2000 and modified in August 2002. Although HIPAA was developed primarily to deal with paper documentation and files, it has been updated to address the growing phenomenon of electronic record keeping and data transmission. Health Insurance Portability and Accountability Act of 1996, better known by its acronym, HIPAA, was designed to preserve patient privacy and preserve the security of sensitive health-care related information.