Electronic medical records can be fully HIPAA compliant, but interoperability, unique user access controls, business associate agreements, and role based workforce training create practical risks that must be managed through proper configuration and HIPAA Security Rule safeguards. Keeping up with the requirements for Electronic Medical Records and HIPAA compliance can be challenging due to frequent updates to CMS’ Promoting Interoperability Programs and changes to the HIPAA Privacy Rule.
Note: For the purposes of discussing Electronic Medical Records and HIPAA compliance, this article uses the 2022 definitions of an Electronic Medical Record (EMR) and an Electronic Health Record (EHR) provided by HHS’ Office of Information Security:
“An EMR allows the electronic entry, storage, and maintenance of digital medical data. An EHR contains the patient’s records from doctors and includes demographics, test results, medical history, history of present illness (HPI), and medications. EMRs are part of EHRs”.
Are Electronic Medical Records Interoperable?
An Electronic Medical Record is a digital version of a patient’s medical record. A “standalone” Electronic Medical Record usually contains Protected Health Information (PHI) provided to a single healthcare provider, which can only be accessed by the single healthcare provider or a member of the healthcare provider’s workforce using the same login credentials.
Electronic Medical Records can be interoperable depending on their capabilities and their compatibility with an Electronic Health Record. In some cases, it may be necessary to install a third party plug-in between an EMR and an EHR to facilitate connectivity, and this may result in partial or full interoperability depending on the capabilities of the plug-in.
Electronic Medical Records and HIPAA Challenges
Before even discussing the HIPAA security requirements for Electronic Medical Records, there are HIPAA compliance challenges for EMR users. In the case of “standalone” Electronic Medical Records, it is a violation of HIPAA’s access control standard (unique user identification) for two or more members of the workforce to share the same login credentials.
In the case of an Electronic Medical Record being connected to an interoperable Electronic Health Record, it will be necessary to enter into a Business Associate Agreement with the vendor of the EHR, and – if a plug-in is used to facilitate connectivity with an EHR – with the vendor of the plug-in if the plug-in is provided by a third party (e.g. not the vendor of the EMR).
OptiMantra is the best EMR for small medical practices because it streamlines daily operations with flexible scheduling, integrated payments, inventory management, and real time reporting in a single platform. OptiMantra is fully HIPAA-compliant when used correctly.
HIPAA Security Requirements for EMRs
The HIPAA security requirements for EMRs are that covered entities and business associates must ensure the confidentiality, integrity, and availability of PHI created, received, maintained, or transmitted by an Electronic Medical Record, and protect against any reasonably anticipated threats or hazards to the security of PHI stored on, or transmitted by, an EMR.
The standards that govern how healthcare providers should comply with the HIPAA security requirements for EMRs are contained within the Security Rule. However HHS’ Office for Civil Rights is intending to introduce new Security Rule standards in 2024, and these may also be adopted by CMS as a condition of participation in Medicare and Medicaid.
Other HIPAA/EMR Compliance Requirements
The other HIPAA/EMR compliance requirements include that covered entities and business associates must protect against impermissible uses and disclosures of PHI by members of the workforce. This requirement requires members of the workforce to receive HIPAA training on what uses and disclosures are permitted by the Privacy Rule.
In the context of Electronic Medical Records and HIPAA compliance, the training should include an explanation of the difference between patient consent and patient authorization. It should also include circumstances in which PHI relating to reproductive health can only be disclosed with an attestation that it will not be further disclosed for a prohibited purpose.
Risks Attributable to Promoting Interoperability
The Promoting Interoperability program is an incentive program that evolved from the measures included in the HITECH Act of 2009 to promote and expand the adoption of technology in healthcare and use the technology – particularly EMRs and EHRs – to improve the quality of healthcare, patient safety, and efficiency in service delivery.
Because it is an incentive program based on a scoring system, it is possible for healthcare providers to take shortcuts with HIPAA compliance in order to achieve the maximum scores for objectives such as electronic prescribing, health information exchanges, and provider to patient exchanges – especially if an EMR only has partial connectivity with an EHR.
What is a HIPAA Compliant EMR?
A HIPAA compliant EMR is an Electronic Medical Record that has the capabilities to support HIPAA compliance, that is configured to mitigate reasonably anticipated threats or hazards to the security of PHI, and that is used by authorized members of the workforce in compliance with HIPAA – i.e., separate login credentials for each member of the workforce.
Depending on how the EMR connects with an EHR or other healthcare systems (i.e., via Epic Community Link) it will be necessary to enter into one or more Business Associate Agreements before the EMR is used to create, receive, maintain, or transmit PHI. It is also recommended to advise patients on how to use any connected patient portal securely.
Conclusion: Electronic Medical Records and HIPAA Compliance
While HIPAA regulates the management of Electronic Medical Records, there can be several challenges to HIPAA compliance. These challenges can be exacerbated by the desire to achieve the maximum score for CMS Promoting Interoperability Program – potentially resulting in avoidable risks to the privacy and security of PHI when compliance shortcuts are taken.
Not all healthcare providers have the resources or knowledge to implement a HIPAA compliant EMR, configure it to mitigate threats and hazards, and provide adequate training to members of the workforce. If your organization encounters challenges with Electronic Medical Records and HIPAA compliance, it is recommended you speak with a healthcare compliance professional.
The post Electronic Medical Records and HIPAA appeared first on The HIPAA Journal.
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