By Richard Bailey, lead IT strategist, Atlantic.Net.
covered entity and a business associate. It is a HIPAA law created to ensure that all of the HIPAA compliance risks (administrative, physical, and technical) are identified, and a roadmap is designed to plan the fixes necessary to resolve the issues found.
The risk assessment was not part of the original Health Insurance Portability and Accountability Act of 1996. Instead, it was first introduced in the 2003 Privacy Rule and Security Rule amendments and was then further expanded upon in the Final Omnibus Rule of 2013.
HIPAA legislation defines a Covered Entity (CE) as anyone that handles PHI during day-to-day business operations. Most businesses working in the healthcare industry are considered Covered Entities.
The U.S. Department of Health and Human Services (HHS) officially defines a CE as; Healthcare Providers such as doctors, dentists, nursing homes, pharmacies, health insurance companies, HMOs, Medicare, Medicaid, and Clearinghouses.
A business associate is any third party business or organization that handles individually identifiable health data on behalf of a covered entity, and the risk assessment is often considered the starting point to achieve HIPAA compliance.
What is a risk assessment?
A risk assessment is commonly the first task undertaken when a covered entity and a business associate enter into Business Associate Agreement (BAA). Its purpose is to identify areas within the business that process, store, and transmit protected health information (PHI) that are in the scope of HIPAA compliance.
PHI is patient data that the law is meant to safeguard, such as data that can be used to identify an individual personally. Examples may include patient names, email addresses, social security numbers, insurance certificates, and so on.
Areas of risk are highlighted, and a roadmap is created for the CE to become HIPAA compliant. Most risk assessments follow the NIST cybersecurity framework, and the NIST schema is a straightforward but highly productive process. There are five essential parts of the NIST framework, and these are; Identify, Protect, Detect, Respond, and Recover. The OCR takes this further with the nine essential elements of Risk Analysis but either framework covers similar topics.