The Adequacy of HIPAA to Protect Health Information

HIPAA was enacted in 1996. While some updates have been made to the law, is it adequate to protect health data in the electronic age? What can healthcare organizations do to ensure the protection of PHI and protect themselves against liability? Be sure to support your answer with reliable sources      

Sample Solution

    The Health Insurance Portability and Accountability Act (HIPAA) of 1996 is a federal law that was created to protect the privacy of individuals’ health information. While it has been updated over the years, especially in regards to electronic transactions,
some experts argue that certain aspects of HIPAA are inadequate for protecting health data from malicious actors and potential liabilities associated with digital health records. In order to ensure the protection of patient protected health information (PHI) and reduce liability for healthcare organizations, there are several best practices that should be implemented. First, healthcare organizations can make sure they have adequate protections in place around their PHI data. This includes encrypting all data stored on systems or mobile devices used by staff members; using two-factor authentication when accessing sensitive PHI; implementing access controls to limit who can view confidential information; alerting personnel if suspicious activity is detected within an organization’s network; regularly training employees on how to handle PHI securely; providing regular security audits by external experts; keeping up-to-date with current technology solutions specifically designed for securing sensitive data like encryption and access control technologies, etc. All these measures help protect against potential vulnerabilities while also helping bring the organization into compliance with HIPAA regulations—a critical step when looking at minimizing potential liability from breach of patient privacy laws. Another key element for healthcare organizations to consider is building out comprehensive incident response plans in case a security breach does occur. Such plans should include details about how breaches will be identified, who will be notified (patients as well as internal staff members), what steps need to be taken first (e.g., containment efforts), media relations strategies, etcetera. Knowing exactly what actions need to take place before, during and after a breach gives everyone involved peace of mind knowing that proper protocols are being followed efficiently resulting in fewer legal issues down the road which would otherwise increase liabilities significantly if not managed correctly. Overall then while HIPAA has done much work towards protecting patients’ private health information it also needs some additional updates as we move further into an increasingly digitized world where cybercriminals pose serious threats compared with just physical theft/misuse like back when HIPAA was initially enacted nearly 25 years ago now.. Healthcare organizations must play an active role too however in covering any gaps left behind by making sure appropriate safeguards are deployed across their operations so as not only protect their customers but also themselves given stiff fines related any violations present serious consequences financially - both civil fines issued directly or punitive judgments potentially incurred through lawsuits brought forward by disgruntled consumers or other interested parties no doubt seeking damages associated with such infractions as laid out clearly per relevant statues governing same under applicable laws... Fortunately though resources exist pointing out precisely what types of measures need taking here thus allowing those in charge draft policies accordingly going forward which should lead better outcomes overall

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