Health IT

The Senate Judiciary Subcommittee on Privacy, Technology, and Law recently held a hearing to discuss federal enforcement of the Health Insurance Portability and Accountability Act (HIPAA) and the Health Information Technology for Economic and Clinical Health (HITECH) Act, entitled “Your Health and Your Privacy: Protecting Health Information in a Digital World.” In that hearing, Subcommittee Chairman Al Franken (D-MN) told officials from the Department of Health and Human Services (HHS) and the Department of Justice (DOJ) that “the overall record of [HIPAA] enforcement is simply not satisfactory,” and asked why so few HIPAA complaints are actually prosecuted.  Franken and other panelists also emphasized the need for a final rule to implement the HITECH Act’s amendments to the HIPAA Privacy and Security Rules. 

Franken’s opening statement outlined the benefits of electronic health records, but emphasized that “we need to do more to protect this data and that is what this hearing is all about.”

The first panel included U.S. Attorney Loretta Lynch, who also serves on the Health Care Fraud Working Group of the Attorney General’s Advisory Committee, and Leon Rodriguez, Director of the HHS Office for Civil Rights (OCR).  Both officials underscored their agencies’ commitment to enforcing medical privacy laws through HIPAA’s Privacy and Security Rules and the new HITECH Act.  Lynch testified about recent DOJ efforts to enforce HIPAA’s criminal provisions, while Rodriguez cited OCR cases against Massachusetts General Hospital and CVS/Rite Aid that led to substantial fines.Continue Reading Senate Hearings Focus on Lack of HIPAA Enforcement, Final HITECH Rule

The Office of the National Coordinator for Health Information Technology (ONC) is proposing to conduct a nationwide survey regarding consumer attitudes toward the privacy and security aspects of electronic health records (EHR) and electronic health information exchange, according to a notice in last Thursday’s Federal Register.

ONC’s plan is

Continue Reading ONC Proposes Nationwide Survey on EHR Privacy, Security

By Anna Kraus

As we reported previously, the Department of Health and Human Services (HHS) Office of Inspector General (OIG) recently issued two reports that highlight continuing concerns over how best to ensure the privacy and security of electronic health information.  Earlier this week, we provided more detail on the OIG’s report regarding CMS oversight of the HIPAA Security Rule.

On May 16, 2011 the OIG released a second report relating to federal data security standards, Audit of Information Technology Security Included in Health Information Technology  Standards. In this report, the OIG expressed concern that federal health information technology (HIT) standards do not include general information technology (IT) security controls.  Instead, HIT standards focus primarily on application controls which apply within an IT system and can be circumvented in the absence of strong general security controls.  The audit recommended that that the Office of the National Coordinator for Health Information Technology (ONC) take the following steps:

  • Include general security controls in HIT standards;
  • Provide guidance to the health industry and the medical community regarding the value of general IT security as well as general IT security standards and best practices; and
  • Cooperate with the Centers for Medicare & Medicaid Services (CMS) and the HHS Office for Civil Rights (OCR) to require general IT security controls where appropriate.

Continue Reading OIG Urges Inclusion of General IT Security Controls in HIT Standards

By Anna Kraus

Last week, the Office of Inspector General (OIG) within the Department of Health and Human Services (HHS) issued two audit reports regarding federally mandated data security measures for health information.  Both reports are highly critical of HHS’s efforts to protect the security of electronic health information.

In
Continue Reading OIG Criticizes HHS Oversight of the HIPAA Security Rule, Data Security Controls in Health IT Standards

The Office of the National Coordinator for Health Information Technology (ONC) is requesting public comment on its Federal Health Information Technology Strategic Plan: 2011-2015.  ONC updated the Plan (last published in 2008) to reflect the major changes to health IT policy contained in the HITECH Act and the Affordable

Continue Reading ONC Seeks Public Comment on Federal Health IT Strategic Plan