Legal and Ethical Issues in EHR

Access Control #

The process of regulating who or what is allowed to view or use resources in a computing environment. In the context of EHRs, access control is crucial to ensure that only authorized individuals can view or modify a patient's health information. Related terms include access privileges, authentication, and authorization.

Access Privileges #

The level of access granted to an individual or system to view or modify EHR data. Access privileges are typically based on the user's role within the organization (e.g., physician, nurse, administrative staff) and are designed to ensure that individuals only have access to the information necessary to perform their job functions.

Authentication #

The process of verifying the identity of a user or system. In the context of EHRs, authentication is typically achieved through the use of usernames and passwords, although other methods such as biometric authentication may also be used.

Authorization #

The process of granting access to resources based on the authenticated identity of a user or system. In the context of EHRs, authorization is the process of granting access privileges to a user or system based on their authenticated identity.

Breach Notification Rule #

A regulation established by the Health Information Technology for Economic and Clinical Health (HITECH) Act that requires covered entities and business associates to notify individuals and the Department of Health and Human Services (HHS) in the event of a breach of unsecured protected health information (PHI).

Certified Electronic Health Record Technology (CEHRT) #

Electronic health record (EHR) technology that has been certified by the Office of the National Coordinator for Health Information Technology (ONC) as meeting the requirements of the Meaningful Use program.

Confidentiality #

The principle of ensuring that private information is not disclosed to unauthorized individuals. In the context of EHRs, confidentiality is a critical concern, as health information is considered to be highly sensitive.

Data Integrity #

The principle of ensuring that data is accurate, complete, and consistent over its entire lifecycle. In the context of EHRs, data integrity is critical to ensure that patient health information is reliable and trustworthy.

Electronic Health Record (EHR) #

A digital version of a patient's medical record that is stored and maintained electronically. EHRs can include a wide range of information, including medical history, medication lists, allergies, test results, and imaging studies.

Health Insurance Portability and Accountability Act (HIPAA) #

A federal law that establishes standards for the protection of personal health information (PHI) and requires covered entities to implement appropriate safeguards to ensure the confidentiality, integrity, and availability of PHI.

HIPAA Privacy Rule #

A regulation established by HIPAA that establishes national standards for the protection of PHI. The Privacy Rule sets limits on the use and disclosure of PHI and requires covered entities to implement appropriate safeguards to ensure the confidentiality, integrity, and availability of PHI.

HIPAA Security Rule #

A regulation established by HIPAA that establishes national standards for the security of electronic PHI (ePHI). The Security Rule requires covered entities to implement administrative, physical, and technical safeguards to protect ePHI from unauthorized access, use, disclosure, modification, or destruction.

Meaningful Use #

A program established by the HITECH Act that provides incentives for the adoption and meaningful use of CEHRT. Meaningful Use requires eligible professionals and hospitals to demonstrate the use of CEHRT in a variety of ways, including the electronic exchange of health information, the use of clinical decision support, and the reporting of quality measures.

Minimum Necessary Standard #

A requirement established by the HIPAA Privacy Rule that requires covered entities to limit the use and disclosure of PHI to the minimum necessary to accomplish the intended purpose of the use or disclosure.

Office for Civil Rights (OCR) #

The division of the HHS responsible for enforcing HIPAA privacy and security regulations.

Patient Access Rights #

The rights of patients to access and control their own health information. Under HIPAA, patients have the right to access their PHI, request amendments to their PHI, and request an accounting of disclosures of their PHI.

Protected Health Information (PHI) #

Individually identifiable health information that is transmitted or maintained in any form or medium by a covered entity or its business associate.

Security Risk Analysis #

A comprehensive assessment of the potential risks and vulnerabilities to the confidentiality, integrity, and availability of ePHI. A security risk analysis is required by the HIPAA Security Rule and is the first step in developing a security management process.

Security Management Process #

A continuous process of planning, implementing, evaluating, and revising the security measures used to protect ePHI. The security management process is required by the HIPAA Security Rule and is designed to ensure that ePHI is protected from unauthorized access, use, disclosure, modification, or destruction.

State Privacy Laws #

Laws enacted by individual states that provide additional protections for personal health information beyond those provided by HIPAA.

Unsecured Protected Health Information (PHI) #

PHI that is not secured through the use of technology or methodologies that render it unreadable, unusable, or indecipherable to unauthorized individuals.

Workforce #

A group of persons who perform work for or provide services to a covered entity or business associate, including employees, volunteers, trainees, and contractors. The workforce is responsible for complying with HIPAA privacy and security regulations.

Sources: #

Sources:

* Health Information Technology for Economic and Clinical Health (HITECH) Act #

* Health Information Technology for Economic and Clinical Health (HITECH) Act

* Health Insurance Portability and Accountability Act (HIPAA) #

* Health Insurance Portability and Accountability Act (HIPAA)

* Office of the National Coordinator for Health Information Technology (ONC) #

* Office of the National Coordinator for Health Information Technology (ONC)

* Department of Health and Human Services (HHS) #

* Department of Health and Human Services (HHS)

* 45 CFR Parts 160 and 164 #

HIPAA Privacy, Security, and Breach Notification Rules