Table of Contents
What is unsecured access to PHI?
Unsecured protected health information is protected health information that has not been rendered unusable, unreadable, or indecipherable to unauthorized persons through the use of a technology or methodology specified by the Secretary in guidance.
What is considered a breach of PHI?
A breach is defined in HIPAA section 164.402, as highlighted in the HIPAA Survival Guide, as: “The acquisition, access, use, or disclosure of protected health information in a manner not permitted which compromises the security or privacy of the protected health information.”
What is the difference between secured and unsecured PHI?
First, the term “unsecured PHI” refers to PHI that is not secured through the use of “technologies or methodologies” that render PHI “unusable, unreadable, or indecipherable to unauthorized individuals.” HHS issued guidance specifying such technologies or methodologies on April 17, 2009, that defines “secured” PHI as …
What constitutes a data breach under HIPAA?
means the acquisition, access, use, or disclosure of protected health information in a manner not permitted under subpart E of this part which compromises the security or privacy of the protected health information.
Do all HIPAA violations have to be reported?
Who Should be Notified About a Potential HIPAA Violation? Not all internal violations of HIPAA Rules need to be reported, but the failure to notify the patient and OCR of a reportable breach could result in a financial penalty. Action should also be taken to ensure that the cause of the breach is corrected.
Can you talk about a patient without saying their name?
HIPAA violation: yes. However, even without mentioning names one must keep in mind if a patient can identify themselves in what you write about this may be a violation of HIPAA.
What does the term ” unsecured Phi ” mean?
The term “unsecured PHI” means PHI that is not rendered unusable, unreadable, or indecipherable to unauthorized individuals through the use of a technology or methodology specified by the Secretary in the guidance issued under section 13402(h)(2) of Public Law 111–5 on the HHS Web site.
What are the requirements of the HITECH Act?
The HITECH Act now imposes data breach notification requirements for unauthorized uses and disclosures of “unsecured PHI.” These notification requirements are similar to many state data breach laws related to personally identifiable financial information (e.g. banking and credit card data).
What is the difference between secured Phi and secured Phi?
By contrast the term “secured PHI” means PHI that has been rendered unusable, unreadable, or indecipherable to unauthorized individuals by meeting the requirements of the technologies and methodologies provided in the Secretary’s guidance.
When did HIPAA become enforceable under the HITECH Act?
Compliance with the requirements of the HITECH Act became enforceable on November 30, 2009, 12 months following the Act being signed into law. The requirements of HITECH were incorporated into HIPAA in the Final Omnibus Rule, which brought HIPAA and HITECH together into the same legislation.