Hipaa in a "Nutshell" - Guidelines for Emr and Paper medical Records compliancy

Criminal Intent - Hipaa in a "Nutshell" - Guidelines for Emr and Paper medical Records compliancy

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Hipaa in a “nutshell”

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Criminal Intent

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

-Identifying inherent threats,

-Assessing exact vulnerabilities,

-Determining appropriate and uncostly safeguards and

-Implementing the important defense mechanisms and policies.

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

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

-User security - can anyone log on to the patient database?

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

-Network security – can unauthorized persons covering your premise way patient data?

Using paper healing records begs similar questions:

-Physical security – how procure 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, procure area?

There are Hipaa penalties

The civil monetary penalty is up to 0 per person article 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, change or use it for commercial advantage, personal gain or malicious harm. These penalties are up to 0,000 and five years in jail.

Currently there is no real effective obligation body.

Hipaa compliance "thumb rules"

With an Emr most of the requirements are base sense and providers do not need to be overly involved but do want some basic steps like:

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

-Use an Emr with user management and permissions,

-Make regular back-ups and store them in a procure place and

-Employ a computer specialist.

Most healing practices and clinics using paper records need to make bodily changes to be Hippa compliant. If you continue to use paper then there are a myriad of bodily 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 individual data was accessed. For paper records this means at a minimum a monitored sign out sheet and for an Emr user logging of patient file access.

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