Electronic health records (EHRs) offer many benefits for healthcare providers and patients, including quick access to health information, easy communication tools, and enhanced care coordination. But their widespread adoption also raises real concerns around how to keep patient information secure and protected.
Several laws and regulations help to ensure that healthcare providers and organizations take measures to protect patient data. This article explores 3 of the most influential laws.
Health Insurance Portability and Accountability Act (HIPAA)
Enacted in 1996, HIPAA protects patient information. Specifically, its Privacy Rule covers how individuals and organizations, called covered entities (CEs), are allowed to use and disclose patient-identifiable information or protected health information (PHI).
HIPAA’s protections extend to information contained in patient medical records, including name and address, health screening results, diagnoses, treatment plans, and communications with or about the patient.
Health Information Technology for Economic and Clinical Health (HITECH) Act
Signed into law in 2009, the HITECH Act expands HIPAA’s protections. Under this law, CEs found in violation of HIPAA’s rules are subject to significant penalties, including fines and civil and criminal legal action.
The HITECH Act also provides guidance for how CEs must report HIPAA violations, helping ensure patients are notified in a timely manner of security breaches.
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General Data Protection Regulation (GDPR)
Approved in 2018, the GDPR is a European Union (EU) regulation that sets forth protections and penalties around how entities process EU citizens’ personal data, including health information. The GDPR’s rules apply to any entity that gathers and stores EU citizens’ information.
The GDPR also provides EU citizens with more control over their data. It requires entities that capture, store, and share information to provide greater transparency in how they use, manage, and protect that information. It also imposes significant penalties for any violations.
EHR legal requirements for providers
By establishing legal guidelines and protections around health data, laws like HIPAA, the HITECH Act, and GDPR outline various requirements for healthcare providers who use EHRs, including:
- Implementing appropriate security measures to protect patient data
- Obtaining patient consent for sharing information
- Reporting data breaches to authorities and affected individuals
- Providing patients with access to their EHR data
- Establishing penalties — including fines and civil and criminal action — when breaches occur
Secure EHRs benefit patients and providers
Patient privacy rules and regulations help ensure that healthcare providers and organizations take appropriate measures to protect EHR data. These protections, and the transparency they provide, give patients more confidence that their information is secure — engendering greater trust in their providers and the healthcare system as a whole. Additionally, by offering a trusted and reliable way to coordinate and deliver patient care, EHR laws provide clear guidelines for providers — promoting improved communication and better patient outcomes.
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