Abstract

http://ssrn.com/abstract=2128134
 


 



HITECH Ratchets Up HIPAA Accountability


John I. Winn


Shenandoah University

Kevin H. Govern


Ave Maria School of Law; California University of Pennsylvania; CUNY, John Jay College of Criminal Justice

January 11, 2010

Modern Medicine, January 2010

Abstract:     
In the current risk climate, the loss of confidential patient data to unauthorized third parties presents a daunting challenge for healthcare professionals. In this context, the introduction of large networks of computerized health information has caused the number of individuals with access to patient medical records to expand exponentially.

Physicians make widespread use of laptops, home-computer links, smart phones, smart cards, USB flash drives and PDAs. E-prescribing systems link physicians and others directly to pharmacies. A contemporary physician's Blackberry typically contains far more patient information than the locked filing cabinets of previous years. Unfortunately, all of this healthcare data — ranging from medical diagnosis and treatment codes, to names, addresses, birthdates, social security numbers, bank and credit card accounts — has enormous value to identity thieves who exploit open networks and Wi-Fi systems.

Within the context of the Health Insurance Portability and Accountability Act (HIPAA) of 1996 all "covered entities" that collect private health information must comply with specific administrative, technical and physical security standards and procedures for "electronic protected health information."

Number of Pages in PDF File: 3

Keywords: Health Insurance Portability and Accountability Act (HIPAA) of 1996, HIPAA, Health Information Technology for Economic and Clinical Health Act, HITECH, medical administration, confidential data, healthcare, identity theft, cyber risk, data compromise

JEL Classification: I10, I11, I12, I18, I19, K10, K20, K42, M12, M14

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Date posted: August 12, 2012  

Suggested Citation

Winn, John I. and Govern, Kevin H., HITECH Ratchets Up HIPAA Accountability (January 11, 2010). Modern Medicine, January 2010 . Available at SSRN: http://ssrn.com/abstract=2128134

Contact Information

John I. Winn
Shenandoah University ( email )
VA
United States
Kevin H. Govern (Contact Author)
Ave Maria School of Law ( email )
1025 Commons Circle
Naples, FL 34119
United States
HOME PAGE: http://www.avemarialaw.edu/faculty/profile/Kevin.Govern
California University of Pennsylvania ( email )
250 University Avenue
California, PA 15062
United States
(845) 234-8532 (Phone)
HOME PAGE: http://www.calu.edu/academics/faculty/Kevin-Govern.aspx
CUNY, John Jay College of Criminal Justice ( email )
695 Park Avenue
New York, NY 10021
United States
(845) 234-8532 (Phone)
HOME PAGE: http://www.jjay.cuny.edu/departments/protection_management/about_us.php
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