HIPAA HITECH Act and Technology Requirements

Question 1

What does the HITECH Act stand for and when was it enacted?

Accepted Answer

Health Information Technology for Economic and Clinical Health, 2009

Answer

HITECH stands for Health Information Technology for Economic and Clinical Health Act, enacted as part of the American Recovery and Reinvestment Act of 2009.

Question 2

How did the HITECH Act change HIPAA's enforcement penalties for covered entities?

Accepted Answer

HITECH created a tiered penalty structure based on culpability with maximum penalties up to $1.9 million per violation category per year

Answer

HITECH created a four-tier penalty structure based on the degree of culpability, dramatically increasing maximum penalties from $100 per violation to up to $50,000 per violation.

Question 3

Under the HITECH Act, who became directly subject to HIPAA's Security Rule obligations for the first time?

Accepted Answer

Business associates, including EHR vendors and IT contractors handling PHI

Answer

HITECH extended direct HIPAA Security Rule compliance obligations to business associates, making them directly liable for violations rather than just contractually liable through BAAs.

Question 4

What is the 'Breach Notification Rule' that HITECH established for unsecured PHI?

Accepted Answer

A mandate requiring notification to affected individuals, HHS, and potentially media when unsecured PHI is breached

Answer

HITECH's Breach Notification Rule requires mandatory notification to individuals, HHS, and potentially media when unsecured PHI is breached, within specific timeframes.

Question 5

What technology 'safe harbor' did HITECH create for breached PHI?

Accepted Answer

Encrypting PHI using NIST-approved methods, which renders a breach presumptively non-reportable

Answer

HITECH created a safe harbor from breach notification for PHI encrypted using NIST-approved standards — encrypted data breached is presumptively not a reportable breach.

HIPAA - Health Insurance Portability and Accountability Act Practice Test

HIPAA - Health Insurance Portability and Accountability Act Practice Test

HIPAA HITECH Act and Technology Requirements