In February 2009, the Health Information Technology for Economic and Clinical Health Act (HITECH) was enacted as part of the American Recovery and Reinvestment Act. It aims to promote the effective use of information technology in healthcare while addressing the security and privacy concerns associated with electronic Protected Health Information (ePHI) processing. HITECH expands on the regulations established by the Health Insurance Portability and Accountability Act (HIPAA) and emphasizes the enforcement of HIPAA Privacy and Security Rules.
HITECH Overview
The HITECH Act, also known as the Health Information Technology for Economic and Clinical Health Act, was introduced to encourage the utilization of information technology in healthcare. It specifically focuses on the transportation and communication of health information and prioritizes the privacy and security of such data. The Act strengthens the enforcement measures associated with HIPAA's Privacy and Security Rules, ensuring the protection of patient information.
Compliance with HITECH
While HIPAA previously applied only to business associates explicitly mentioned in contracts with healthcare providers, the HITECH Act extends compliance requirements to businesses and third-party associates that have potential access to private health information. It recognizes the increased risks associated with electronic storage and transmissions, expanding the scope of compliance obligations. Business associates that fall under HITECH's purview include service providers with access to healthcare data, software vendors, third-party billing companies, and entities with access to health record storage areas.
Fines Associated with HITECH
HITECH imposes more severe penalties compared to HIPAA, particularly for cases of "willful neglect," defined as a failure to make an attempt to comply with HIPAA's provisions. Violators are granted a 30-day period to rectify the violations. The penalties for HITECH violations are as follows:
|
Violation category—Section 1176(a)(1) |
Each violation |
All such violations of an identical provision in a calendar year |
|
(A) Did Not Know |
$100–$50,000 |
1,500,000 |
|
(B) Reasonable Cause |
1,000–50,000 |
1,500,000 |
|
(C)(i) Willful Neglect—Corrected |
10,000–50,000 |
1,500,000 |
|
(C)(ii) Willful Neglect—Not Corrected |
50,000 |
1,500,000 |
It is important to note that the Secretary has the authority to impose civil monetary penalties for non-compliance, and criminal penalties can be applied for wrongful disclosures of protected health information.
Differences between HIPAA, HITECH, and HITRUST
HIPAA, established in 1996, sets the minimum standard for health data privacy compliance in the United States. It governs the collection, protection, and sharing of patient information by health insurers and healthcare providers nationwide.
HITECH, enacted in 2009, expands upon HIPAA to address the growing electronic storage and communication of health data. It extends compliance obligations to business associates who have potential access to private health information.
HITRUST, although not a law, emerged in 2009 as an entity that develops and maintains control frameworks incorporating various compliance regulations. HITRUST unifies multiple regulatory requirements, such as HIPAA, NIST, and ISO, facilitating the adoption of compliant practices and appropriate security controls to safeguard sensitive information and patient data.
In summary, while HIPAA sets the baseline for patient information security, HITECH strengthens HIPAA's enforcement and addresses the challenges posed by electronic data. HITRUST complements these regulations by providing comprehensive control frameworks for compliance with various healthcare regulations.