Security Risk Analysis

August 13, 2021 HIPAA is kind of like a puzzle – without having each and every individual requirement in place, your practice can’t consider itself fully compliant. But much like building a jigsaw blindfolded, it’s a lot harder to piece together the big picture of compliance with all of the misconceptions out there masking what HIPAA’s requirements actually entail.  Now, the first piece in this so-called “HIPAA puzzle” is the Security Risk Analysis (SRA) which requires all covered entities to assess any potential risks and vulnerabilities to protected health information (PHI) based on the physical, technical, and administrative safeguards that their organization has in place. It’s essentially just a self-evaluation that helps lay the groundwork for a complete HIPAA program AND is the first thing a practice will be asked to provide in the case of an audit. But despite its importance, only 14% of entities actually fulfill the requirement – so what is causing this lack of compliance and why does the SRA seem like an unsolvable puzzle in itself? A large piece of the widespread noncompliance is all of the confusion that surrounds the ‘what, why, and how’ of the SRA. This is why in order to ensure all organizations know how to complete the first part of the big HIPAA puzzle, we need to break down the myths vs the facts.  Myth #1: Small practices and independent providers don’t need to worry about the SRA. False: All providers, no matter the size or specialty, are covered entities under HIPAA and are therefore obligated to perform a risk analysis along with all other requirements under HIPAA law. Myth #2: My Electronic Health Record (EHR) takes care of privacy and security, so I don’t need to complete an SRA. False: Even with a certified EHR, the risk analysis isn’t completed for you. The EHR vendor may provide information and training on the privacy and security aspects of their product but they are not responsible for privacy and security compliance within your practice. Additionally, an SRA involves all PHI within your organization, including what isn’t housed in your EHR like paper records and files.   Myth #3: My IT company handles a full SRA.  False: Similar to the confusion around your organization’s EHR, IT companies might help to assess technical safeguards and identify technical risks – but do not provide a comprehensive analysis of all aspects of your organization to cover the administrative and physical requirements.  Myth #4: I can use a templated checklist to complete my SRA.  False: While the government does provide some tools that can be used as helpful guidance for conducting an SRA, in order for the analysis to meet the requirements it must assess specific elements of your organization and practice operations which may differ from the types of things assessed in a template or generic checklist.  Myth #5: The SRA is a one-time thing and as long as I completed it once, I’m good to go! False: The HIPAA Security Rule specifically states, “the risk analysis should be an ongoing process, in which a covered entity regularly reviews its records to track access to e-PHI and detect security incidents, periodically evaluates the effectiveness of security measures put in place, and regularly reevaluates potential risks to e-PHI.” But although, your organization does need to be conducting an SRA on a continual basis – this doesn’t mean that each year you’ll need to start over from scratch. It’s important (and required) that you update your SRA annually at the very least as well as any time there are changes to your practice or systems to identify any changes in risks and maintain the necessary safeguards within your organization.  While we hope our little game of “myth busters” helped clarify any confusion around what goes into completing this requirement and why it’s so important, we know that it might’ve also caused some concern for how a small, independent practice is supposed to tackle all of this alone. Completing a comprehensive analysis (on an ongoing basis) along with the proper documentation and risk mitigation that’s required involves time, resources, and expertise that might seem unfeasible to a small or medium-sized organization. But luckily there are outside resources available to help debunk the other misconception that completing an SRA HAS to be challenging. So while your practice can tackle this requirement DIY-style, a software solution like Abyde makes it so you don’t have to – providing all the tools and support to guide you through the misconceptions and help to put the pieces into place so that your practice can easily complete the puzzle of HIPAA compliance. Schedule a one-on-one consultation today to see where your practice currently stands and how Abyde makes meeting the SRA – and all other HIPAA requirements – a breeze!

June 2, 2020 You might be aware that all practices need to complete a ‘Security Risk Analysis’ as a part of their HIPAA compliance program, but do you know exactly what this analysis covers? While this is the first step and among the most important aspects of a complete HIPAA program, it is often missed or not properly completed – in fact, during the latest round of OCR audits, 86% of covered entities could not show a properly documented Security Risk Analysis for their practice.  The HIPAA Security Rule defines a Security Risk Analysis (SRA) as an “accurate and thorough assessment of the potential risks and vulnerabilities to the confidentiality, integrity, and availability of electronically protected health information held by the covered entity or business associate.” In layman’s terms, the risk analysis is a systematic review of your processes and policies that is ultimately designed to shed light on any aspects of your practice that could be considered weaknesses in protecting the privacy and security of your practice and the protected health information (PHI) it holds. Not having a properly documented analysis leaves potential risks unidentified and is a huge red flag for your overall compliance efforts. What questions does an SRA need to include? There is no specific checklist to follow when it comes to performing a risk analysis for your practice. The OCR does however provide specific elements that should be included. Your assessment should:  Completing a risk analysis for your organization is not just a one-time thing. Assessments should be reviewed periodically, especially as new work processes are implemented or technologies are updated. After events such as COVID-19, addressing any changes your practice made regarding remote operations, utilizing telehealth services, or receiving/providing more information electronically rather than in a physical exchange are all things that will need to be addressed for any additional vulnerabilities or threats they brought on.  What’s the best way to tackle an SRA? If your organization hasn’t completed an SRA before or has done so in a more basic or incomplete manner, using an outside organization will help to ensure all areas of the SRA are fully completed and documented accordingly. A third party can also help add new areas and questions to the SRA that reflect changing regulations as well as technology enhancements that present new threats or vulnerabilities to your organization.