" omnibus Archives - LuxSci FYI

Posts Tagged ‘omnibus’

What exactly is ePHI? Who has to worry about it? Where can it be safely located?

Friday, September 15th, 2017

There is often a great deal of confusion and misinformation about what, exactly, constitutes ePHI (electronic protected health information) which must be protected due to HIPAA requirements.  Even once you have a grasp of ePHI and how it applies to you, the next question becomes … where can I put ePHI and where not?  What is secure and what is not?

We will answer the “what is ePHI” question in general, and the “where can I put it” question in the context of web and email hosting, and SecureForm processing at LuxSci.

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HIPAA Law and HITECH/Omnibus Conformance – Small Medical Practice

Monday, August 14th, 2017

As the owner of a small to medium-sized medical business (a 1-19 physician practice, say, with 5-50 employees) you have many concerns – how to hire and retain competent staff, how to deal with your vendors such as office payroll, billing and collection services, and, above all, how to serve your patients’ needs in the most economical and expeditious way.  I.e., by speeding up scheduling, quickly accessing medical records, coordinating treatment with other doctors, etc. Time spent managing your information and communications infrastructure for HIPAA or HITECH compliance may not seem to be the most critical aspect of your work.

HIPAA / HITECH

However, the use of ICT – information and communications technologies –  in the healthcare industry has become increasingly pervasive and has special relevance for every medical practitioner, given the provisions of the Health Information Technology for Economic and Clinical Health (HITECH) Act, which adds more substance to the original Health Insurance Portability and Accountability Act (HIPAA)  privacy and security rules.  HITECH also incentivizes medical practitioners to step up their use of electronic health records (EHR) to “exchange electronic health information with, and integrate such information from, other sources.”

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Opt-In Email Encryption is Too Risky for HIPAA Compliance

Tuesday, July 11th, 2017

A majority of companies and hospitals that offer email encryption for HIPAA compliance allow senders to “opt in” to encryption on a message-by-message basis.  E.g., if the sender “does nothing special” then the email will be sent in the normal/insecure manner of email in general.  If the sender explicitly checks a box or adds some special content to the body or subject of the message, then it will be encrypted and HIPAA compliant.

Opt-in encryption is desirable because it is “easy” … end users don’t want any extra work and don’t want encryption requirements to bog them down, especially if many of their messages do not contain PHI.  It is “good for usability” and thus easy to sell.

Cybersecurity opt-in email encryption

However, opt-in encryption is a very bad idea with the inception of the HIPAA Omnibus rule.  Opt-in encryption imposes a large amount of risk on an organization, which grows exponentially with the size of the organization.  Organizations are responsible for the mistakes and lapses of their employees; providing an encryption system where inattention can lead to a breach is something to be very wary of.

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HIPAA Compliance Checklist: What You Need To Do

Thursday, January 29th, 2015

LuxSci provides HIPAA-compliant services and must itself maintain HIPAA-compliant business operations in order to comply with HIPAA HITECH and Omnibus regulations.  As such, many of our customers and leads look to us to find out exactly what they need to do to be compliant.

This article provides you with a quick and easy-to-read overview of the various things needed for compliance.  The items given below should not be considered a complete or formal list for compliance, nor will doing all of these things guarantee that you are compliant.  As always, we recommend that you consult a lawyer to determine the compliance needs specific to your particular situation

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ePHI in Text Messages and Insecure Email: Does HIPAA allow Mutual Consent?

Sunday, January 18th, 2015

“Lets just agree that insecurely texting or emailing your medical appointments or lab results to your is OK….”  Can you actually have such a discussion and agreement with a patient or organization?

HIPAA is pretty adamant that email messages containing ePHI must be properly handled, and that includes transport encryption and archival.  However, encrypting all routine communications between doctor and patient is excessively tedious in some situations.

Enter the idea of “Mutual Consent” where doctor and patient both agree that email containing ePHI can be sent from the doctor to the patient’s regular email account without any special considerations or encryption.  This is a small “holy grail” that doctors like to imagine as “if all their patients consent then the doctors do not have to worry about secure email.”

It’s really not that simple, though.  Here we explain way.  Note that this is not intended as legal advice … you should always contact your lawyer for advice on how HIPAA applies specifically to your situation and for clarification on grey areas of the law such as this.

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