What is the Health Insurance Portability and Accountability Act (HIPAA) ?
Enacted in 1996, HIPAA is a federal law that was created to prevent abuse of personal health information (PHI), including unauthorized access. HIPAA applies to any and all organizations or individuals ("Covered Entities"), who retain or collect health related information. Examples include hospitals, doctors, dentists, insurance companies, counselors, billing centers and collection agencies.
The HIPAA Privacy Rule requires that organizations "maintain reasonable and appropriate, technical, and physical safeguards to prevent intentional or unintentional use or disclosure of protected health information" (PHI). PHI includes names, contact information, account numbers, license numbers, dates of birth and other information.
ARRA/HITECH Act
On February 17, 2009, President Obama signed the American Recovery and Revitalization Act of 2009 (ARRA) into law. Title XIII of the Recovery Act, known as the Health Information Technology for Economical and Clinical Health (HITECH) Act, encourages the advancement of health information technology and broadens HIPAA privacy and security requirements.
Most notably, the legislation makes business associates, and not just the covered entities to which they provide services, directly subject to HIPAA's privacy and security requirements as well as the penalties for violating those requirements. Additionally, business associates that experience a data breach are required to notify the covered entity with which they have contracts.
Each state's Attorney General has clear and explicit authority to enforce HIPAA, with a new tiered penalty structure - amounts ranging from $25,000 to as much as $1.5 million - depending on the "intent" behind the violation.
How do I comply?
Organizations covered under HIPAA, regardless of size, must implement policies and procedures to ensure PHI is properly safeguarded and not improperly disclosed. While HIPAA does not mandate a method for destruction, "shredding prior to disposal" is identified as an appropriate safeguard. In addition, covered entities are required to enter into a contract known as a Business Associate's Agreement with vendors who have access to PHI that incorporates the provisions of ARRA/HITECH.
How can Ohio Mobile Shredding help?
With Ohio Mobile Shredding and EasyShred℠ compliance with HIPAA could not be easier!
More info:
HIPAA.org
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