HIPAA/HITECH Security
Assessment
Webinar Objectives

 • Understand HIPAA/HITECH security principles

 • Learn HIPAA security safeguards

 • Learn tools and methodologies for
   HIPAA/HITECH Assessment




                                             2
Who we are …
EHR 2.0 Mission: To assist healthcare
organizations develop and implement
practices to secure IT systems and comply
with HIPAA/HITECH regulations.
 Education

 Consulting

 Toolkit(Tools, Best Practices & Checklist)
Goal: To make compliance an enjoyable and
painless experience, while building capability
and confidence.
Glossary

1.   PHI: Protected Health Information

2.   HHS: Health and Human Services

3.   OCR: Office for Civil Rights

4.   HIPAA: Health Insurance Portability and Accountability
     Act

5.   HITECH: Health Information Technology for Economic
     and Clinical Health Act
                                                              4
The American Recovery and
Reinvestment Act of 2009 and HITECH




                                      5
HITECH modifications to HIPAA

   Creating incentives for developing a meaningful use of
    electronic health records
   Changing the liability and responsibilities of Business
    Associates
   Redefining what a breach is
   Creating stricter notification standards
   Tightening enforcement
   Raising the penalties for a violation
   Creating new code and transaction sets (HIPAA 5010,
    ICD10)

                                                              6
Business Associate Cycle



 Covered
                             BA                           HHS/OCR
  Entity

    • BA Contract                         • HIPAA Privacy and
    • Breach Notification                 Security Rule
                                          • Minimum Necessary
                                          • Breach Notification

                               Sub-
                            contractors


                                                                    7
HIPAA Titles - Overview




                          8
HIPAA
The two main rules of HIPAA are:

   Privacy Rule: Organizations must identify the uses and
    disclosures of protected health information (PHI) and put
    into effect appropriate safeguards to protect against an
    unauthorized use or disclosure of that PHI. When
    material breaches or violations of privacy are identified,
    the organizations must take reasonable steps to solve
    those problems in order to limit exposure of PHI.

   Security Rule: Defines the administrative, physical and
    technical safeguards to protect the confidentiality,
    integrity and availability of electronic protected health
    information.
    (45 CFR Part 160 and Subparts A and C of Part 164)           9
HIPAA Security Rule




                      10
Information Security Model

                   Confidentiality
                   Limiting information access and
                   disclosure to authorized users (the right
                   people)

                   Integrity
                   Trustworthiness of information
                   resources (no inappropriate changes)

                   Availability
                   Availability of information resources (at
                   the right time)

                                                        11
Protected Health Information(PHI)


                  Health
               Information



               Individually
               Identifiable
                  Health
               Information




                   PHI



                                    12
ePHI – 18 Elements
                 Elements                                             Examples
Name                                           Max Bialystock
                                                1355 Seasonal Lane
Address                                         (all geographic subdivisions smaller than state,
                                               including street address, city, county, or ZIP code)
Dates related to an individual                 Birth, death, admission, discharge
                                               212 555 1234, home, office, mobile etc.,
Telephone numbers
                                               212 555 1234
Fax number
Email address                                  LeonT@Hotmail.com, personal, official
Social Security number                         239-68-9807
Medical record number                          189-88876
Health plan beneficiary number                 123-ir-2222-98
Account number                                 333389
Certificate/license number                     3908763 NY
Any vehicle or other device serial number      SZV4016
Device identifiers or serial numbers           Unique Medical Devices
Web URL                                        www.rickymartin.com
Internet Protocol (IP) address numbers         19.180.240.15
Finger or voice prints                          finger.jpg
Photographic images                             mypicture.jpg
Any other characteristic that could uniquely                                                          13
identify the individual
Examples of ePHI (and not ePHI)
Examples of ePHI:               Examples of NOT ePHI:

   magnetic tape                  paper files
   disk or optical disk           “paper to paper” faxes
   computerized information       person-to-person
   internet transmission           telephone calls
   network information            video teleconferencing
   telephone response and         voicemail messages
    “fax back” (a request for
    information from a
    computer made via voice
    or telephone keypad input
    with the requested
    information returned as a                                14

    fax)
Security Standards: General Rules
§ 164.306
What are “Required” Standards?

  If the standard is stated as “Required” , A covered entity and
  business associate must comply with that standard.


What are “Addressable” standards?

  If the standard is stated as “Addressable”, the covered entity or
  business associate must assess if the implementation specification
  is a reasonable and appropriate safeguard in its environment with
  reference to e-PHI. If application then take measures to implement
  it.
                                                                   15
Security Standards: General Rules
§ 164.306
What if “Addressable” standards are not applicable to the
covered entities environment?

Document why it is not applicable and implement an equivalent
alternative measure if reasonable and appropriate.


How often the security should be reviewed?

Security standard mentioned under HIPAA should be reviewed and
modified as needed to continue provision of reasonable and
appropriate protection of electronic protected health information.

                                                                     16
HIPAA Security Rule




                      17
HIPAA Security Rule – Administrative
Safeguards § 164.308




                                       18
HIPAA Security Rule – Administrative
Safeguards § 164.308 ( Contd.)




                                       19
HIPAA Act




            20
HIPAA Security Rule – Physical
Safeguards § 164.310




                                 21
HIPAA Security Rule




                      22
HIPAA Security Rule – Technical
Safeguards § 164.312




                                  23
Healthcare Infrastructure
                              Computers
                              Storage Devices
                              Networking devices (Routers,
                               Switches & Wireless)
                              Medical Devices
                              Scanners, fax and
Any device that                photocopiers
electronically stores or      VoIP
transmits information         Smart-phones, Tablets (ipad,
using a software
                                PDAs)
program                                                 24
                              Cloud-based services
Trends in Healthcare IT


        Informatics   Collaboration




         Mobile           EHR
        Computing         HIE

                                      25
Handheld Usage in Healthcare

• 25% usage with providers

• Another 21% expected to use

• 38% physicians use medical
  apps

• 70% think it is a high priority

• 1/3 use hand-held for accessing EMR/EHR
                                            26

compTIA 2011 Survey
EMR and EHR systems




                      27
Health Information Exchange (HIE)




                                    28
Social Media
   How does your practice use it?

   How do your employees use it?

   Do you have policies?




                                     29
Cloud-based services
                                 Public Cloud
                                     EHR Applications
    HIPAA regulations                Private-label e-mail
    remain barriers to full
    cloud adoption
                                 Private Cloud
                                     Archiving of Images
                                     File Sharing
Cloud Computing is taking
all batch processing, and            On-line Backups
farming it out to a huge
central or virtualized
                                 Hybrid                     30

computers.
Informatics




              31
Sample Risk Analysis Template
                                      Likelihood
                        High             Medium                 Low

          High      Unencrypted     Lack of auditing on    Missing security
                    laptop ePHI        EHR systems      patches on web server
                                                           hosting patient
                                                             information
Impact




         Medium       Unsecured      Outdated anti-virus External hard drives
                  wireless network       software        not being backed up
                  in doctor’s office



                  Sales presentation Web server backup   Weak password on
          Low       on USB thumb tape not stored in a    internal document
                         drive        secured location         server
                                                                                32
HIPAA Security Rule Standard                Implementati                                                                                         Yes/No/Comm
HIPAA Sections Implementation Specification                on           Requirement Description                       Solution                                  ents

                                                                         Policies and procedures to manage
164.308(a)(1)(i) Security Management Process               Required      security violations
164.308(a)(1)(ii)(                                                                                                    Penetration test, vulnerability
A)                 Risk Analysis                           Required      Conduct vulnerability assessment             assessment
                                                                                                                      SIM/SEM, patch management,
164.308(a)(1)(ii)(                                                       Implement security measures to reduce        vulnerability management, asset
B)                    Risk Management                      Required      risk of security breaches                    management, helpdesk

164.308(a)(1)(ii)(                                                       Worker sanction for policies and             Security policy document
C)                    Sanction Policy                      Required      procedures violations                        management

164.308(a)(1)(ii)(                                                                                                    Log aggregation, log analysis, security
D)                    Information System Activity Review   Required      Procedures to review system activity         event management, host IDS

                                                                         Identify security official responsible for
164.308(a)(2)        Assigned Security Responsibility      Required      policies and procedures

                                                                         Implement policies and procedures to
164.308(a)(3)(i) Workforce Security                        Required      ensure appropriate PHI access
                                                                                                                Mandatory, discretionary and role-
164.308(a)(3)(ii)(                                                                                              based access control: ACL, native OS
A)                    Authorization and/or Supervision     Addressable Authorization/supervision for PHI access policy enforcement
164.308(a)(3)(ii)(                                                     Procedures to ensure appropriate PHI
B)                    Workforce Clearance Procedure        Addressable access                                   Background checks

164.308(a)(3)(ii)(                                                     Procedures to terminate PHI access             Single sign-on, identity management,
C)                    Termination Procedures               Addressable security policy document management            access controls
                                                                       Policies and procedures to authorize
164.308(a)(4)(i) Information Access Management             Required    access to PHI

164.308(a)(4)(ii)( Isolation Health Clearinghouse                        Policies and procedures to separate PHI Application proxy, firewall, mandatory
A)                Functions                                Required      from other operations                   UPN, SOCKS

164.308(a)(4)(ii)(                                                     Policies and procedures to authorize           Mandatory, discretionary and role-
B)                  Access Authorization                   Addressable access to PHI                                  based access control
164.308(a)(4)(ii)( Access Establishment and                            Policies and procedures to grant access        Security policy document
C)                 Modification                            Addressable to PHI                                         management
                                                                       Training program for workers and
164.308(a)(5)(i) Security Awareness Training               Required    managers

164.308(a)(5)(ii)(                                                                                                    Sign-on screen, screen savers,
A)                    Security Reminders                   Addressable Distribute periodic security updates           monthly memos, e-mail, banners
Key Takeaways

   ePHI - Focus of HIPAA/HITECH Security &
    Compliance
   HIPAA program secures technology
    environments focusing on CIA
   HIPAA security assessment includes
    administrative, technical and physical
    safeguards
   The key HIPAA security requirement is to
    conduct technical security analysis
                                               34
Additional Resources


   Resources Section: ehr20.com/resources
   NIST toolkit
   HHS Website:
    http://www.hhs.gov/ocr/privacy/hipaa/administrat
    ive/securityrule/index.html




                                                   35
Next Steps
   Follow-us on social media
    facebook.com/ehr20 (Like)
    linkedin.com/company/ehr-2-0 (Follow us)
    https://twitter.com/#!/EHR_20 (Follow)

   Next Live Webinars:
       OCR/HHS HIPAA/HITECH Audit Preparation ( 4/4/2012)
       Social Media Compliance for Healthcare Professionals(4/11/2012)
    Sign-up at ehr20.com/webinars



   http://ehr20.com/services/
                                                                          36
Questions?
E-mail: info@ehr20.com

                         37
Thank you!!


              38

HIPAA HiTech Security Assessment

  • 1.
  • 2.
    Webinar Objectives •Understand HIPAA/HITECH security principles • Learn HIPAA security safeguards • Learn tools and methodologies for HIPAA/HITECH Assessment 2
  • 3.
    Who we are… EHR 2.0 Mission: To assist healthcare organizations develop and implement practices to secure IT systems and comply with HIPAA/HITECH regulations.  Education  Consulting  Toolkit(Tools, Best Practices & Checklist) Goal: To make compliance an enjoyable and painless experience, while building capability and confidence.
  • 4.
    Glossary 1. PHI: Protected Health Information 2. HHS: Health and Human Services 3. OCR: Office for Civil Rights 4. HIPAA: Health Insurance Portability and Accountability Act 5. HITECH: Health Information Technology for Economic and Clinical Health Act 4
  • 5.
    The American Recoveryand Reinvestment Act of 2009 and HITECH 5
  • 6.
    HITECH modifications toHIPAA  Creating incentives for developing a meaningful use of electronic health records  Changing the liability and responsibilities of Business Associates  Redefining what a breach is  Creating stricter notification standards  Tightening enforcement  Raising the penalties for a violation  Creating new code and transaction sets (HIPAA 5010, ICD10) 6
  • 7.
    Business Associate Cycle Covered BA HHS/OCR Entity • BA Contract • HIPAA Privacy and • Breach Notification Security Rule • Minimum Necessary • Breach Notification Sub- contractors 7
  • 8.
    HIPAA Titles -Overview 8
  • 9.
    HIPAA The two mainrules of HIPAA are:  Privacy Rule: Organizations must identify the uses and disclosures of protected health information (PHI) and put into effect appropriate safeguards to protect against an unauthorized use or disclosure of that PHI. When material breaches or violations of privacy are identified, the organizations must take reasonable steps to solve those problems in order to limit exposure of PHI.  Security Rule: Defines the administrative, physical and technical safeguards to protect the confidentiality, integrity and availability of electronic protected health information. (45 CFR Part 160 and Subparts A and C of Part 164) 9
  • 10.
  • 11.
    Information Security Model Confidentiality Limiting information access and disclosure to authorized users (the right people) Integrity Trustworthiness of information resources (no inappropriate changes) Availability Availability of information resources (at the right time) 11
  • 12.
    Protected Health Information(PHI) Health Information Individually Identifiable Health Information PHI 12
  • 13.
    ePHI – 18Elements Elements Examples Name Max Bialystock 1355 Seasonal Lane Address (all geographic subdivisions smaller than state, including street address, city, county, or ZIP code) Dates related to an individual Birth, death, admission, discharge 212 555 1234, home, office, mobile etc., Telephone numbers 212 555 1234 Fax number Email address LeonT@Hotmail.com, personal, official Social Security number 239-68-9807 Medical record number 189-88876 Health plan beneficiary number 123-ir-2222-98 Account number 333389 Certificate/license number 3908763 NY Any vehicle or other device serial number SZV4016 Device identifiers or serial numbers Unique Medical Devices Web URL www.rickymartin.com Internet Protocol (IP) address numbers 19.180.240.15 Finger or voice prints finger.jpg Photographic images mypicture.jpg Any other characteristic that could uniquely 13 identify the individual
  • 14.
    Examples of ePHI(and not ePHI) Examples of ePHI: Examples of NOT ePHI:  magnetic tape  paper files  disk or optical disk  “paper to paper” faxes  computerized information  person-to-person  internet transmission telephone calls  network information  video teleconferencing  telephone response and  voicemail messages “fax back” (a request for information from a computer made via voice or telephone keypad input with the requested information returned as a 14 fax)
  • 15.
    Security Standards: GeneralRules § 164.306 What are “Required” Standards? If the standard is stated as “Required” , A covered entity and business associate must comply with that standard. What are “Addressable” standards? If the standard is stated as “Addressable”, the covered entity or business associate must assess if the implementation specification is a reasonable and appropriate safeguard in its environment with reference to e-PHI. If application then take measures to implement it. 15
  • 16.
    Security Standards: GeneralRules § 164.306 What if “Addressable” standards are not applicable to the covered entities environment? Document why it is not applicable and implement an equivalent alternative measure if reasonable and appropriate. How often the security should be reviewed? Security standard mentioned under HIPAA should be reviewed and modified as needed to continue provision of reasonable and appropriate protection of electronic protected health information. 16
  • 17.
  • 18.
    HIPAA Security Rule– Administrative Safeguards § 164.308 18
  • 19.
    HIPAA Security Rule– Administrative Safeguards § 164.308 ( Contd.) 19
  • 20.
  • 21.
    HIPAA Security Rule– Physical Safeguards § 164.310 21
  • 22.
  • 23.
    HIPAA Security Rule– Technical Safeguards § 164.312 23
  • 24.
    Healthcare Infrastructure  Computers  Storage Devices  Networking devices (Routers, Switches & Wireless)  Medical Devices  Scanners, fax and Any device that photocopiers electronically stores or  VoIP transmits information  Smart-phones, Tablets (ipad, using a software PDAs) program 24  Cloud-based services
  • 25.
    Trends in HealthcareIT Informatics Collaboration Mobile EHR Computing HIE 25
  • 26.
    Handheld Usage inHealthcare • 25% usage with providers • Another 21% expected to use • 38% physicians use medical apps • 70% think it is a high priority • 1/3 use hand-held for accessing EMR/EHR 26 compTIA 2011 Survey
  • 27.
    EMR and EHRsystems 27
  • 28.
  • 29.
    Social Media  How does your practice use it?  How do your employees use it?  Do you have policies? 29
  • 30.
    Cloud-based services  Public Cloud  EHR Applications HIPAA regulations  Private-label e-mail remain barriers to full cloud adoption  Private Cloud  Archiving of Images  File Sharing Cloud Computing is taking all batch processing, and  On-line Backups farming it out to a huge central or virtualized  Hybrid 30 computers.
  • 31.
  • 32.
    Sample Risk AnalysisTemplate Likelihood High Medium Low High Unencrypted Lack of auditing on Missing security laptop ePHI EHR systems patches on web server hosting patient information Impact Medium Unsecured Outdated anti-virus External hard drives wireless network software not being backed up in doctor’s office Sales presentation Web server backup Weak password on Low on USB thumb tape not stored in a internal document drive secured location server 32
  • 33.
    HIPAA Security RuleStandard Implementati Yes/No/Comm HIPAA Sections Implementation Specification on Requirement Description Solution ents Policies and procedures to manage 164.308(a)(1)(i) Security Management Process Required security violations 164.308(a)(1)(ii)( Penetration test, vulnerability A) Risk Analysis Required Conduct vulnerability assessment assessment SIM/SEM, patch management, 164.308(a)(1)(ii)( Implement security measures to reduce vulnerability management, asset B) Risk Management Required risk of security breaches management, helpdesk 164.308(a)(1)(ii)( Worker sanction for policies and Security policy document C) Sanction Policy Required procedures violations management 164.308(a)(1)(ii)( Log aggregation, log analysis, security D) Information System Activity Review Required Procedures to review system activity event management, host IDS Identify security official responsible for 164.308(a)(2) Assigned Security Responsibility Required policies and procedures Implement policies and procedures to 164.308(a)(3)(i) Workforce Security Required ensure appropriate PHI access Mandatory, discretionary and role- 164.308(a)(3)(ii)( based access control: ACL, native OS A) Authorization and/or Supervision Addressable Authorization/supervision for PHI access policy enforcement 164.308(a)(3)(ii)( Procedures to ensure appropriate PHI B) Workforce Clearance Procedure Addressable access Background checks 164.308(a)(3)(ii)( Procedures to terminate PHI access Single sign-on, identity management, C) Termination Procedures Addressable security policy document management access controls Policies and procedures to authorize 164.308(a)(4)(i) Information Access Management Required access to PHI 164.308(a)(4)(ii)( Isolation Health Clearinghouse Policies and procedures to separate PHI Application proxy, firewall, mandatory A) Functions Required from other operations UPN, SOCKS 164.308(a)(4)(ii)( Policies and procedures to authorize Mandatory, discretionary and role- B) Access Authorization Addressable access to PHI based access control 164.308(a)(4)(ii)( Access Establishment and Policies and procedures to grant access Security policy document C) Modification Addressable to PHI management Training program for workers and 164.308(a)(5)(i) Security Awareness Training Required managers 164.308(a)(5)(ii)( Sign-on screen, screen savers, A) Security Reminders Addressable Distribute periodic security updates monthly memos, e-mail, banners
  • 34.
    Key Takeaways  ePHI - Focus of HIPAA/HITECH Security & Compliance  HIPAA program secures technology environments focusing on CIA  HIPAA security assessment includes administrative, technical and physical safeguards  The key HIPAA security requirement is to conduct technical security analysis 34
  • 35.
    Additional Resources  Resources Section: ehr20.com/resources  NIST toolkit  HHS Website: http://www.hhs.gov/ocr/privacy/hipaa/administrat ive/securityrule/index.html 35
  • 36.
    Next Steps  Follow-us on social media facebook.com/ehr20 (Like) linkedin.com/company/ehr-2-0 (Follow us) https://twitter.com/#!/EHR_20 (Follow)  Next Live Webinars:  OCR/HHS HIPAA/HITECH Audit Preparation ( 4/4/2012)  Social Media Compliance for Healthcare Professionals(4/11/2012) Sign-up at ehr20.com/webinars  http://ehr20.com/services/ 36
  • 37.
  • 38.