You already know patient privacy is a big deal. But with so much paperwork going digital, protecting that information has gotten a bit more complicated. That’s where the HITECH Act comes in. This key piece of legislation was designed to strengthen HIPAA rules and better protect electronic health information. For healthcare professionals, staying compliant often means brushing up on the latest regulations, which is where online HIPAA training can make a big difference.
But how, exactly, did the HITECH Act accomplish all of this? Read on to learn more.
What Is the HITECH Act?
The Health Information Technology for Economic and Clinical Health Act (HITECH) Act was signed into law in 2009. This Act is part of an economic stimulus package called the American Recovery and Reinvestment Act (ARRA). Together with ARRA, the HITECH ACT encouraged healthcare providers to switch from paper records to electronic records. This switch allowed providers to offer more excellent and integrated care to patients. In addition, patients have more access to their medical records outside of a doctor’s appointment.
How Does the HITECH Act Impact Patient Data Security and Privacy?
The HITECH Act not only improved the ease of storing and transferring patients' records, but it also improved privacy and security. How did it do this?
Penalties
The HITECH increased the scope of penalties for security and privacy breaches. The Omnibus Rule and Notification of Breach Rule made this possible.
Omnibus Rule
Through the Omnibus Rule, the HITECH Act increased the scope of protecting a patient's privacy and security. Prior to the rule, the Office of Civil Rights (OCR) did not hold non-compliant business associates and contractors liable for breaches of security and privacy. Instead, they held their covered entities liable. However, after the enactment of the Omnibus Rule, the OCR held business non-compliant associates liable for any breach of security and privacy. If you are a business associate, our HIPAA for Business Associate course offers an in-depth teaching of the Omnibus Rule.
Notification of Breach
HITECH mandates covered entities and their business associates to notify individuals of security breaches. If this breach affects more than 500 patients, they must inform the HHS. In such cases, the HHS will publish the names of the breached institutions and also inform the local media.
Reverse the Burden of Proof
Before HITECH, the HHS and OCR had to prove that a data breach exposed PHI. Because of this, the burden of proof was on the department to find issues with data breaches. That made it easier for healthcare organizations to get away with non-compliance, especially if they said they didn't know of the breach.
However, the burden is now on healthcare providers to prove the breach didn't expose PHI. This can be difficult, so it has given way for OCR and HHS to give more penalties for HIPAA violations. But it has also incentivized covered entities to tighten their security procedures. That way, they can mitigate the risk of future data breaches and HIPAA violations. By doing that, entities can save money on violation penalties.
Reversing the burden of proof has also allowed OCR and HHS to focus on other tasks. Doing so can help the entire country by focusing more on other activities related to health and health care.
The benefits of the HITECH Act for patient privacy are numerous. For example, more penalties can reduce the risk of breaches. It can also improve compliance since most covered entities and business owners are likely to meet the compliance requirements under the HITECH Act.
How the HITECH Act Supports Electronic Health Records
Here are some ways the HITECH Act has supported health records:
Better Data Collection and Submission
While the switch from the Meaningful Use Program to the Promoting Operability Program meant that organizations didn't have a financial incentive to use EHRs, it still helped. Now, the program focuses on more than just how providers can use EHRs. The program focuses on the interoperability of EHRs, and that helps providers collect and submit data. That can help when tracking diseases or other public health issues. Using an electronic system eliminates the need to copy and scan documents. It also cuts down on the time providers have to spend collecting data if they can search for it electronically.
More Patient Access
Even if patients have to pay to access their electronic records, doing so is a lot easier than asking for a paper copy. This means that patients have more access to their health records, which can help in multiple ways. Of course, if a patient has to see a different provider, they can easily transfer their existing records to the new office. The patient can also obtain their records if they need to prove they've received certain immunizations before starting a job or moving into a college dorm. Giving patients more access to their records can empower them. While they still need you to provide care, it can give them some sense of freedom.
Key Differences between HIPAA and The HITECH Act
HIPAA covers privacy and security for all kinds of health records. The HITECH Act focuses on the privacy and security of electronic records. Overall, the HITECH Act is now part of HIPAA, and it doesn't matter if you are a provider, an associate, or part of the office staff; you need to follow both HIPAA and HITECH laws.
Even though HITECH is a newer part of HIPAA, it's just as important as the Privacy Rule and the Security Rule. If you don't comply with any part of HIPAA, you could face harsh penalties. The penalties for non-compliance with the HITECH Act are the same as penalties for HIPAA violations.
What Healthcare Workers Need to Know About The HITECH Act
Health workers need to know how HIPAA and the HITECH Act work together to safeguard patients' records. Hopefully, this article has provided a good illustration. Want to better understand HIPAA and how it works with the HITECH Act? Check out our courses to learn more. We currently offer tailor-made courses for health workers in diverse clinical contexts, such as HIPAA for Healthcare Workers, HIPAA for Medical Staff, and HIPAA for Dental Offices. Head to our website to get started today!
