Health Insurance Portability and Accountability Act | Ardent Privacy Health Insurance Portability and Accountability Act

HIPAA is a federal law that requires organizations to set procedures to protect sensitive patient health information from being disclosed without the patient's consent or knowledge.

The Trust Challenge

Obligations & Consequences

The following are few key obligations & consequences, flowing from the HIPAA, on any organization to whom these provisions apply:

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The Privacy Rule:

The HIPAA Privacy rule outlines the standards that covered health organizations (healthcare providers and insurers) must follow to protect patients' PHI (protected health information). Covered entities may only disclose medical information with a patient's written consent, unless complying with a court order or as necessary for patient care."

  • The Privacy Rule also gives patients the right to demand correction to mistakes in their record and requires covered entities to notify patients of their privacy rights and how their data is used.
  • The Privacy Rule also gives patients the right to access their PHI on request, and the covered entity must provide that information within 30 days.
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The Security Rule:

The HIPAA Security Rule sets the requirements that must be met by the organization in order to safeguard ePHI data, or electronic protected health information. These measures apply to the whole operation of the covered entity, including technology, management, physical safeguards for computers and devices, and anything else that may have an impact on the security of ePHI where a documented risk analysis and risk management plan is required. The applicability only pertains to ePHI, but the Privacy Rule covers all PHI.

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The Breach Notification Rule:

The HITECH Act of 2009 expanded the scope of privacy and security safeguards available under HIPAA compliance by increasing the potential legal liability for noncompliance and requiring more stringent enforcement, requiring any covered entity to report any data breaches affecting more than 500 people to the affected patients. To avoid this obligation, the business must demonstrate that no harm resulted from the breach.

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The Omnibus Rule:

Compliance obligations apply to Business Associates and contractors of healthcare providers and health insurers, according to the Omnibus Rule.

The Trust Challenge

Challenges

Following challenges, emanating from the UCPA requirements, are currently being encountered by various organizations:

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The organization collects massive amounts of data but lacks the capability to comply with privacy and security rules for the regulation.

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Manually managing data mapping and inventory to provide adequate security based on the risk related to the respective data collected.

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Lack of provision or process to properly destroy data despite the fact that HIPAA mandates that data cannot be changed or destroyed in an unauthorized manner.

Pointer

Organizations do not have a mechanism in place to generate record of assurance that provide the proof of permanent deletion.

Pointer

Locating and inventorying sensitive data before or after a breach to prove no significant harm that triggers the HITECH Act has occurred.

Win-Win Situation

Solutions

Ardent Privacy’s Solutions relating to the above mentioned challenges:

Pointer

Data discovery, inventory and mapping: Our AI-based, patented solution, TurtleShield PI (Privacy Intelligence) discovers all personal and sensitive data in structured and unstructured data systems across on-premises and multi-cloud environments.
TurtleShield DI (Data Inventory) enables organizations to inventory & map their entire “Data footprint”, enabling them to protect what matters the most.

Pointer

Third party “Privacy Intelligence” (monitors third party sharing): Often there are silos within entities or business and IT teams and it is challenging to get a full picture of data going outside organization and which is coming into organization, especially when data is shared with third parties, vendors, business partners and much more. Our TurtleShield PI (Privacy Intelligence) creates a data map based on your “data sharing”, to facilitate you to take action on it.

Pointer

“Data Minimization”: TurtleShield DM (Data Minimization) helps businesses minimize excess data and adhere to data minimization principle. This is data hygiene control and we are approaching it from a risk reduction and compliance perspective. We scan large data sets to scan for excess data using Machine Learning and find out excess data including personal data. This can eliminate operational inefficiencies and save cost by removing the unwanted data and legal cost of having it with respect to regulatory compliance.

Pointer

“Right to be Forgotten (RTBF)” with Assured Deletion: With TurtleShield RTBF (Right to Be Forgotten) provides the businesses the capabilities to comply with mandatory deletion of personal data by providing the capabilities to delete the data on request along with the validation of the deletion.

Pointer

Enable Data subject rights with cost savings and compliance in totality: Search capability in large datasets to fulfill data subject requests in totality and at rapid space. Assumption that data only exists in databases and nowhere else is often not reality as customer data exists in many sources. Using Machine learning and AI we crawl across data sources and predict where PII can exist.

The Trust Challenge

Obligations & Consequences

The following are few key obligations & consequences, flowing from the UCPA, on any organization to whom these provisions apply:

Pointer

The Privacy Rule:

The HIPAA Privacy rule outlines the standards that covered health organizations (healthcare providers and insurers) must follow to protect patients' PHI (protected health information). Covered entities may only disclose medical information with a patient's written consent, unless complying with a court order or as necessary for patient care."

  • The Privacy Rule also gives patients the right to demand correction to mistakes in their record and requires covered entities to notify patients of their privacy rights and how their data is used.
  • The Privacy Rule also gives patients the right to access their PHI on request, and the covered entity must provide that information within 30 days.
Pointer

The Security Rule:

The HIPAA Security Rule sets the requirements that must be met by the organization in order to safeguard ePHI data, or electronic protected health information. These measures apply to the whole operation of the covered entity, including technology, management, physical safeguards for computers and devices, and anything else that may have an impact on the security of ePHI where a documented risk analysis and risk management plan is required. The applicability only pertains to ePHI, but the Privacy Rule covers all PHI.

Pointer

The Breach Notification Rule:

The HITECH Act of 2009 expanded the scope of privacy and security safeguards available under HIPAA compliance by increasing the potential legal liability for noncompliance and requiring more stringent enforcement, requiring any covered entity to report any data breaches affecting more than 500 people to the affected patients. To avoid this obligation, the business must demonstrate that no harm resulted from the breach.

Pointer

The Omnibus Rule:

Compliance obligations apply to Business Associates and contractors of healthcare providers and health insurers, according to the Omnibus Rule.

The Trust Challenge

Challenges

Following challenges, emanating from the UCPA requirements, are currently being encountered by various organizations:

Pointer

The organization collects massive amounts of data but lacks the capability to comply with privacy and security rules for the regulation.

Pointer

Manually managing data mapping and inventory to provide adequate security based on the risk related to the respective data collected.

Pointer

Lack of provision or process to properly destroy data despite the fact that HIPAA mandates that data cannot be changed or destroyed in an unauthorized manner.

Pointer

Organizations do not have a mechanism in place to generate record of assurance that provide the proof of permanent deletion.

Pointer

Locating and inventorying sensitive data before or after a breach to prove no significant harm that triggers the HITECH Act has occurred.

Win-Win Situation

Solutions

Ardent Privacy’s Solutions relating to the above mentioned challenges:

Pointer

Data discovery, inventory and mapping: Our AI-based, patented solution, TurtleShield PI (Privacy Intelligence) discovers all personal and sensitive data in structured and unstructured data systems across on-premises and multi-cloud environments.
TurtleShield DI (Data Inventory) enables organizations to inventory & map their entire “Data footprint”, enabling them to protect what matters the most.

Pointer

Third party “Privacy Intelligence” (monitors third party sharing): Often there are silos within entities or business and IT teams and it is challenging to get a full picture of data going outside organization and which is coming into organization, especially when data is shared with third parties, vendors, business partners and much more. Our TurtleShield PI (Privacy Intelligence) creates a data map based on your “data sharing”, to facilitate you to take action on it.

Pointer

“Data Minimization”: TurtleShield DM (Data Minimization) helps businesses minimize excess data and adhere to data minimization principle. This is data hygiene control and we are approaching it from a risk reduction and compliance perspective. We scan large data sets to scan for excess data using Machine Learning and find out excess data including personal data. This can eliminate operational inefficiencies and save cost by removing the unwanted data and legal cost of having it with respect to regulatory compliance.

Pointer

“Right to be Forgotten (RTBF)” with Assured Deletion: With TurtleShield RTBF (Right to Be Forgotten) provides the businesses the capabilities to comply with mandatory deletion of personal data by providing the capabilities to delete the data on request along with the validation of the deletion.

Pointer

Enable Data subject rights with cost savings and compliance in totality: Search capability in large datasets to fulfill data subject requests in totality and at rapid space. Assumption that data only exists in databases and nowhere else is often not reality as customer data exists in many sources. Using Machine learning and AI we crawl across data sources and predict where PII can exist.

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