The HITECH Act (Health Information Technology for Economic and Clinical Health Act) promotes the adoption of electronic health records (EHR) and health IT to improve healthcare efficiency, quality, and patient safety
The Health Insurance Portability and Accountability Act (HIPAA), introduced in 1996, was created to address the growing use of the Internet. It ensures that web applications and digital communication comply with strict standards for protecting sensitive health information. However, healthcare organizations in the US witnessed 491 large-scale data breaches. With the loss of over 500 records, how can you protect your organization’s reputation against growing breaches? Through the HITECH Act!
The HITECH (Health Information Technology for Economic and Clinical Health) was designed to strengthen HIPAA’s privacy and access goals. Read on to learn more about the HITECH Act's role and significance in shaping today’s healthcare system!
The HITECH Act was enacted in 2006. The US government has taken this step to modernize its healthcare industry. Now, exactly what does the HITECH Act Do? As a part of the ARRA (American Recovery and Reinvestment Act), the law strives to transform the healthcare system into a centralized and connected hub. The act recognizes the effective use of digital information to build an error-free and patient-centric healthcare system. The act also bridges the technological gap and emphasizes the security of PHI in healthcare organizations and related entities.
Before the introduction of the HITECH Act in 2008, only 10% of hospitals had adopted EHRs. By 2021, the number has increased to 96%, as the act also encourages the adoption of advanced technology of electronic health records (EHR) in the healthcare system.
The HITECH Act impacts both patients and healthcare professionals in several ways. For instance, the US Bureau of Labor Statistics has estimated that over 50,000 new jobs have become available after the passage of the HITECH Act. Here’s how the Act influences the healthcare domain:
Under the HITECH Act, patients and health plan members have the right to access and obtain copies of their health information after submitting a formal request. While the HIPAA Act already provides patients with this right, the HITECH Act makes it easier to access electronic health records (EHRs) and share them with other healthcare organizations. However, healthcare organizations may charge a fee for providing these records. This fee typically includes the cost of converting paper records to electronic formats, serving as an incentive for organizations to adopt EHRs over traditional filing systems.
The HITECH Act also regulates how PHI (Protected Health Information) is used and disclosed by third-party associates. EHRs cannot be used for marketing purposes by any associates of a healthcare organization without explicit patient consent. Additionally, the act allows patients to revoke any previously provided authorization for their records. It also requires third parties to disclose to patients who accessed their data and for what purpose, enhancing transparency in data usage.
The HITECH Act has improved trust between patients and healthcare providers by safeguarding patient confidentiality. Implementing the HITECH Act will ensure that your patient's privacy is protected. When your patients trust that you will handle their medical data discreetly, they are more likely to discuss their health concerns openly.
Switching from traditional paper records to electronic systems may seem daunting, particularly for small healthcare organizations. However, the seamless transition enabled by the HITECH Act has spurred job creation to support compliance with new regulations. The Act allocated $25.9 billion to expand healthcare IT infrastructure. Some of the top roles emerging in the industry include clinical research informatics specialists, IT professionals, electronic medical records administrators, and graduate program directors.
When a healthcare organization adopts EHR (Electronic Health Records), it provides a complete picture of the patient’s health history, improving the accuracy of diagnoses. A patient’s medical history, from common allergic reactions to past surgeries, can be accessed with the click of a button. The HITECH Act also emphasizes data security, implementing robust measures to protect sensitive data from breaches.
The HITECH Act establishes four tiers for HIPAA violations, each with corresponding penalties in the following categories:
The primary goal of the HITECH Act of 2009 is to encourage and promote the use of secure, portable EHRs across the U.S. To achieve this goal, here are some best practices for implementing the act in your organization:
Ensure that all employees in your organization are familiar with HIPAA, HITECH, and data breach notification laws. This knowledge will help integrate the regulations seamlessly into your practices, ensuring smooth compliance.
HITECH requires your workplace to implement multiple protective measures to secure patient health information. Develop a formal security policy that addresses physical, administrative, and technical aspects to safeguard privacy, safety, and data integrity. Proactively classify records to prevent unauthorized access.
Employee negligence is one of the leading causes of data breaches in the healthcare industry. Consistently educate your staff and enforce compliance through regular training. This ensures they stay up-to-date on the latest regulations and best practices.
Restrict access to Protected Health Information (PHI) to a limited number of employees based on their job responsibilities and an as-needed basis. This access control also allows you to monitor who accessed the data, when, and what actions were taken with it.
As required by HITECH, conduct periodic reviews of your security protocols. These reviews help identify vulnerabilities, enabling you to address potential risks and enhance policies to reduce the likelihood of data breaches.
Read More: Importance of Compliance and Safety in Healthcare
In January 2013, HHS issued the Omnibus Rule, commonly known as the Final Rule. This Final Rule modified HIPAA's Privacy Rule and other regulations under the HITECH Act. The HITECH Act implemented a few privacy rules that were merged into HIPAA with the Final Omnibus Rule. Some of the changes include the following:
Patients gained more rights to get copies of their medical records and make corrections to them.
Notices of Privacy Practices had to include more detailed information.
Families and authorized individuals were given better access to a patient’s medical records.
Limits were placed on how and when private health information (PHI) can be shared.
Rules were added to keep treatment details private if the patient paid out of pocket.
More types of disclosures now need the patient’s consent.
Business Associates were given stricter rules, expanding who qualifies as a Business Associate.
Business Associates must now sign agreements with Covered Entities and follow specific HIPAA rules.
The HIPAA Security Rule now applies to Business Associates, requiring strong safeguards for PHI.
The meaning of 'breach' has been broadened, leading to more cases where Covered Entities and Business Associates need to inform others about a breach.
HIPAA established the foundation for data privacy, and the HITECH Act builds on it by using technology to shape the future of healthcare. If you are a healthcare provider, the need to align with the Act goes beyond compliance with legal requirements. It’s about contributing to a more efficient, connected, and patient-focused healthcare system. As a complex web of privacy, security, and technological advances, training in HIPAA and HITECH law can also help you to adapt and continue to grow with healthcare.
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