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InfoSec Management and HIPAA
HIPAA
• Title I: protects health insurance for workers
  and their families when they lose or change
  jobs.
• Title II(InfoSec relevant): creates national
  standards for electronically transferred health
  care information
• Title III: health plan tax adjustments
• Title IV: Group Health plans
• Title V: Revenue Offsets
http://csrc.nist.gov/publications/nistpubs/800-66-Rev1/SP-800-66-Revision1.pdf
Title II – What you should Know
• HIPAA Key Terms & General Rules
• When you can share patient information and
  when you cannot
• Patient’s Rights regarding their health
  information
HIPAA Key Terms
• Protected Health Information (PHI)
  – Patient health information created or given to a
    medical practitioner
  – Medical information that identifies the patient in
    any format ie. verbal, written, or electronic
  – Includes: Names, addresses, dates, phone
    numbers, email addresses, social security
    numbers, license numbers, full face photos, etc.
     • Anything that identifies the patient
HIPAA Key Terms
• Covered Entities
  – Health care practitioner that contains electronic
    PHI
  – Ie. Hospitals, family physicians, Blue Cross Blue
    Shield, Kaiser Permanente
  – Covered entities and anyone they share their data
    with are subject to HIPAA
HIPAA Key Terms
• TPO
• (T)Treatment: activities for patient care
• (P)Payment: monetary transaction for
  healthcare services
• (O)Operations: regular activities of a covered
  entity to perform healthcare functions
HIPAA Key Terms
• Business Associate
  – Third parties who have access to PHI
     • Ie. security software vendors creating a secure system
       for the healthcare practitioner
  – Business Associates must sign agreement
    acknowledging HIPAA compliance
HIPAA Key Terms
• Minimum Necessary Rule
  – PHI may only be accessed on an as needed basis.
  – Only access enough PHI to complete the job at
    hand and no more.
HIPAA Key Terms
• Notice of Privacy Practices (NPP):
  – Description of ways the healthcare practitioner
    may use PHI without obtaining further patient
    authorization
  – Anytime PHI is released for another reason than
    TPO, further patient authorization is required
HIPAA Key Terms
• Use: internal use of PHI within the healthcare
  office
• Disclosure: external distribution of PHI within
  a larger healthcare system
HIPAA Key Terms
• Types of Disclosure
  1. No authorization required
     •   Sharing PHI with other doctors for referrals
  2. No authorization required but must provide
     opportunity to object
     •   Discussing PHI with family members in the room – the
         patient must be allowed option of privacy
  3. Authorization required
     •   Disclose PHI for research
HIPAA Key Terms
• Incidental Disclosures:
  – Speaking to a patient in a 2bed hospital room and
    the second patient overhears the conversation
  – Visitor’s hear a patients name called in the waiting
    room
  – Health practitioners should do their best to avoid
    these as much as possible and applying the
    minimum necessary rule
How to Violate HIPAA
• http://youtu.be/XyF40FZ0n5I
HIPAA Violations
• Covered entities and individuals subject to
  violation penalties
• Up to $1.5 million fine per HIPAA violation per
  year
• Criminal Fines up to $250,000 or up to 10
  years in prison
• Is HIPAA enforced?
  – http://www.ama-
    assn.org/amednews/2012/04/30/bisd0502.htm
HIPAA Scenarios
1. If a doctor stores his patients initials and
   medical notes on his iPhone does the
   doctor’s iPhone contain PHI?
2. As a doctor, are you allowed to email your
   patients own medical information to their
   personal email accounts?
3. As a nurse, are you allowed to look up one of
   your patient’s address to mail a get well
   card?
HIPAA Scenario Answers
1. Yes, the iPhone now has PHI and must be
   treated with the same care as an entire
   patient medical file.
2. No, you are not allowed to send PHI to your
   patient’s personal email account because you
   cannot assure that account is secure.
3. As a nurse you must abide the minimum
   necessary rule and sending a card is not
   necessary.
Ensure HIPAA Compliance
• Apply NIST Special Publication 800-66
  – An Introductory Resource Guide for Implementing
    the Health Insurance Portability and
    Accountability Act (HIPAA)
  – http://csrc.nist.gov/publications/nistpubs/800-66-
    Rev1/SP-800-66-Revision1.pdf
Assignment
• Imagine you’re hired by a dentists office to
  help transfer their operations from paper file
  based, to electronic file based.
  – What sort of network system and security
    (physical and digital) would you recommend
    implementing?
  – Make sure and manage PHI correctly
  – Diagram the network
  – Write 1 single spaced page explaining why it works

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Hipaa

  • 2. HIPAA • Title I: protects health insurance for workers and their families when they lose or change jobs. • Title II(InfoSec relevant): creates national standards for electronically transferred health care information • Title III: health plan tax adjustments • Title IV: Group Health plans • Title V: Revenue Offsets
  • 4. Title II – What you should Know • HIPAA Key Terms & General Rules • When you can share patient information and when you cannot • Patient’s Rights regarding their health information
  • 5. HIPAA Key Terms • Protected Health Information (PHI) – Patient health information created or given to a medical practitioner – Medical information that identifies the patient in any format ie. verbal, written, or electronic – Includes: Names, addresses, dates, phone numbers, email addresses, social security numbers, license numbers, full face photos, etc. • Anything that identifies the patient
  • 6. HIPAA Key Terms • Covered Entities – Health care practitioner that contains electronic PHI – Ie. Hospitals, family physicians, Blue Cross Blue Shield, Kaiser Permanente – Covered entities and anyone they share their data with are subject to HIPAA
  • 7. HIPAA Key Terms • TPO • (T)Treatment: activities for patient care • (P)Payment: monetary transaction for healthcare services • (O)Operations: regular activities of a covered entity to perform healthcare functions
  • 8. HIPAA Key Terms • Business Associate – Third parties who have access to PHI • Ie. security software vendors creating a secure system for the healthcare practitioner – Business Associates must sign agreement acknowledging HIPAA compliance
  • 9. HIPAA Key Terms • Minimum Necessary Rule – PHI may only be accessed on an as needed basis. – Only access enough PHI to complete the job at hand and no more.
  • 10. HIPAA Key Terms • Notice of Privacy Practices (NPP): – Description of ways the healthcare practitioner may use PHI without obtaining further patient authorization – Anytime PHI is released for another reason than TPO, further patient authorization is required
  • 11. HIPAA Key Terms • Use: internal use of PHI within the healthcare office • Disclosure: external distribution of PHI within a larger healthcare system
  • 12. HIPAA Key Terms • Types of Disclosure 1. No authorization required • Sharing PHI with other doctors for referrals 2. No authorization required but must provide opportunity to object • Discussing PHI with family members in the room – the patient must be allowed option of privacy 3. Authorization required • Disclose PHI for research
  • 13. HIPAA Key Terms • Incidental Disclosures: – Speaking to a patient in a 2bed hospital room and the second patient overhears the conversation – Visitor’s hear a patients name called in the waiting room – Health practitioners should do their best to avoid these as much as possible and applying the minimum necessary rule
  • 14. How to Violate HIPAA • http://youtu.be/XyF40FZ0n5I
  • 15. HIPAA Violations • Covered entities and individuals subject to violation penalties • Up to $1.5 million fine per HIPAA violation per year • Criminal Fines up to $250,000 or up to 10 years in prison • Is HIPAA enforced? – http://www.ama- assn.org/amednews/2012/04/30/bisd0502.htm
  • 16. HIPAA Scenarios 1. If a doctor stores his patients initials and medical notes on his iPhone does the doctor’s iPhone contain PHI? 2. As a doctor, are you allowed to email your patients own medical information to their personal email accounts? 3. As a nurse, are you allowed to look up one of your patient’s address to mail a get well card?
  • 17. HIPAA Scenario Answers 1. Yes, the iPhone now has PHI and must be treated with the same care as an entire patient medical file. 2. No, you are not allowed to send PHI to your patient’s personal email account because you cannot assure that account is secure. 3. As a nurse you must abide the minimum necessary rule and sending a card is not necessary.
  • 18. Ensure HIPAA Compliance • Apply NIST Special Publication 800-66 – An Introductory Resource Guide for Implementing the Health Insurance Portability and Accountability Act (HIPAA) – http://csrc.nist.gov/publications/nistpubs/800-66- Rev1/SP-800-66-Revision1.pdf
  • 19. Assignment • Imagine you’re hired by a dentists office to help transfer their operations from paper file based, to electronic file based. – What sort of network system and security (physical and digital) would you recommend implementing? – Make sure and manage PHI correctly – Diagram the network – Write 1 single spaced page explaining why it works