The Government Accountability Office (GAO) recently issued a report on the state of electronic health information. Specifically, they addressed the ineffectiveness of current guidance to address security risks. The available guidance is meant to help healthcare organizations comply with HIPAA requirements.
Current data security oversight in healthcare is not working. In the report, the GAO cites growing data breach incidents as proof of this shortfall. HIPAA requirements are missing critical elements, they say. These include measures such as risk responses and other tailored implementations of security controls, as outlined in the National Institute of Standards and Technology (NIST) cybersecurity framework. The report also notes that HHS compliance oversight is falling behind. Violations can take years to resolve, and there are no follow-up procedures in place to ensure that security has improved as a result of its audit program.
The GAO recommends that the HHS:
- update its guidance for protecting electronic health information to address key security elements
- improve the technical assistance it provides
- follow up on corrective actions and on gauging the effectiveness of the audit program
- establish and implement policies and procedures for sharing the results of investigations and audits between OCR and CMS. This will help ensure that covered entities and business associates are in compliance with HIPAA and the HITECH Act
In the last couple of years, the HHS has been running an accelerated compliance enforcement program, by investigating smaller breaches and shifting focus toward the protection of ePHI. It remains to be seen if this report will prompt further operational changes.
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