Mastering HITECH Act Compliance: Your Ultimate Guide to Healthcare Data Security
The Health Information Technology for Economic and Clinical Health (HITECH) Act, enacted in 2009, is a pivotal piece of legislation that transformed healthcare data management in the United States. This act was designed to modernize healthcare record-keeping and bolster the security of patient information in the digital era.
The Genesis of the HITECH Act
The HITECH Act was introduced as a part of the American Recovery and Reinvestment Act to address the gaps in the Health Insurance Portability and Accountability Act (HIPAA) of 1996. As digital technology advanced rapidly, the need for a more secure and robust system for managing health records became apparent. The HITECH Act was created to encourage the adoption of Electronic Health Record (EHR) systems, ensuring that healthcare providers could securely manage and protect Personal Health Information (PHI).
Key Reforms Introduced by the HITECH Act
The HITECH Act brought about several critical changes to the healthcare industry:
- Business Associates and Accountability: Under the original HIPAA law, business associates handling PHI were not directly regulated. The HITECH Act changed this, making business associates equally accountable under HIPAA law, including civil and criminal penalties.
- Enhanced Penalties for Noncompliance: The HITECH Act strengthened enforcement measures and expanded audit capabilities to local jurisdictions and the Department of Health and Human Services (HHS).
- Patient Rights for Information Access: With the shift to EHR systems, patients and designated third parties gained the right to obtain and review their health records.
HITECH and Meaningful Use
A significant aspect of the HITECH Act was the promotion of EHR systems through incentivized payments. By 2017, over 90% of healthcare providers had adopted digital record-keeping. To qualify for these incentives, organizations had to demonstrate “meaningful use” of their EHR systems, defined by the “five pillars of health outcomes”:
- Improving the quality, safety, and efficiency of healthcare.
- Engaging patients and families in healthcare provision.
- Enhancing care coordination among organizations, departments, and doctors.
- Improving public health through better healthcare.
- Ensuring the privacy and confidentiality of patient PHI as dictated by HIPAA.
Achieving and Maintaining HITECH Compliance
To become and stay HITECH compliant, organizations must follow several criteria across various areas. The primary focus is on deploying and using secure EHRs through three phases of meaningful use:
- Stage 1: Ensures that an EHR can code and organize data for patient tracking and care coordination, meeting minimal security and integrity requirements.
- Stage 2: Involves advanced EHR implementation and security, with specific percentages of prescriptions and orders done through electronic patient records.
- Stage 3: Requires full implementation and tested security measures, a secure network for patient access, and compliance with all HIPAA requirements added by HITECH.
Additionally, organizations must:
- Have mechanisms for breach notification.
- Ensure business associates are compliant with standardized Business Associate Agreements.
- Maintain technical and physical safeguards, updating them as technology changes.
- Perform regular testing, including penetration testing and vulnerability scanning.
- Remediate issues promptly to avoid costly noncompliance penalties.
