Cyber Forensics

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HIPAA/HITECH

HIPAA (Health Insurance Portability and Accountability Act) is a US healthcare law from 1996 that sets standards for patient health information privacy and security, while the HITECH Act (Health Information Technology for Economic and Clinical Health Act) of 2009, enacted as part of the American Recovery and Reinvestment Act (ARRA), expanded upon HIPAA to promote the adoption of electronic health records (EHRs) and strengthen privacy protections, introducing stricter penalties for violations and breach notification rules. Together, they form a dual framework requiring healthcare organizations and their business associates to protect sensitive patient information. 

 
 
  HIPAA (1996)
 
  • Primary Goal:
    To protect the privacy and security of patient health information and ensure health insurance portability. 
     
     
  • Key Provisions:
    • Privacy Rule: Sets limits on how health information can be used and disclosed. 
       
  • Security Rule: Mandates administrative, physical, and technical safeguards for electronic protected health information (ePHI). 
     
  •  
  • Applicability:
    Applies to “covered entities” (healthcare providers, health plans, and clearinghouses) and their “business associates”. 
     
     
 
  HITECH Act (2009)
 
  • Primary Goal:
    To encourage the adoption and use of health information technology, especially EHRs, to improve healthcare quality and safety. 
     
     
  Key Provisions:
 
 
  • Expanded Scope: Extended HIPAA’s security and privacy rules to apply to business associates. 
 

 

  • Breach Notification Rule: Requires notification to patients and the government in the event of a breach of unsecured personal health records. 
     
  • Increased Penalties: Introduced a tiered system of escalating civil and criminal penalties for HIPAA violations, making non-compliance much more costly. 
     
  • Patient Access: Facilitated greater patient access to their own health records.
     
     
 
     How They Work Together?
 
  • HITECH did not replace HIPAA but rather strengthened and updated it, creating a combined framework for safeguarding patient data. 
     
  • The HITECH Act essentially closed loopholes and enforced the electronic health record mandates that had been part of the original HIPAA legislation. 
     
  • This combined HIPAA/HITECH framework provides a comprehensive set of regulations for protecting the confidentiality and security of patient health information throughout its lifecycle.