Hipaa in a "Nutshell" - Guidelines for Emr and Paper curative Records compliance

Criminal Intent - Hipaa in a "Nutshell" - Guidelines for Emr and Paper curative Records compliance

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Hipaa in a “nutshell”

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There are two Hipaa rules requirements; privacy (2003) and security (2005). Both rules require:

-Identifying inherent threats,

-Assessing definite vulnerabilities,

-Determining thorough and reasonable safeguards and

-Implementing the indispensable defense mechanisms and policies.

Using an Emr (electronic curative record) has no absolute right and wrongs in whether computer equipment or software for Hipaa compliance. Normally there are four areas to examine:

-Physical security – can your computers with outpatient data be stolen?

-User security - can any person log on to the outpatient database?

-System security – what happens on a hard drive crash?

-Network security – can unauthorized persons face your facility way outpatient data?

Using paper curative records begs similar questions:

-Physical security – how regain are the files from fire and theft?

-User security - what way controls and logging is there?

-System security – what happens in a fire or flood?

-Storage way – are the files in a locked, regain area?

There are Hipaa penalties

The civil monetary penalty is up to 0 per someone narrative per violation and up to ,000 per year total for the same type of violation. There is 30 days to strict the problem if it is not through willful neglect.

The criminal penalties are for “misuse” and for obtaining or using condition data by “false pretenses” or with the intent to sell, transfer or use it for market advantage, personal gain or malicious harm. These penalties are up to 0,000 and five years in jail.

Currently there is no real productive enforcement body.

Hipaa compliance "thumb rules"

With an Emr most of the requirements are coarse sense and providers do not need to be overly concerned but do require some basic steps like:

-Put your computer server in a regain room, locked,

-Use an Emr with user management and permissions,

-Make quarterly back-ups and store them in a regain place and

-Employ a computer specialist.

Most curative practices and clinics using paper records need to make physical changes to be Hippa compliant. If you continue to use paper then there are a myriad of physical complexities to consider:

-How to monitor staff access,

-Fire and flood security (insurance is not enough)

-A disaster plan (that has been documented and practiced.)

Finally, if there is a legal case brought send a provider to safe themselves should have a trail of how the patient's private data was accessed. For paper records this means at a minimum a monitored sign out sheet and for an Emr user logging of outpatient file access.

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