The HIPAA Security Rule requires covered entities to implement technical safeguards to protect all electronic protected healthcare information (ePHI), making specific reference to encryption, access controls, encryption key management, risk management, auditing and monitoring of ePHI information. The HIPAA Security Rule enumerates examples of encryption methods that covered entities can employ, along with the factors to consider when implementing a HIPAA encryption strategy.
Enacted as a part of the American Recovery and Reinvestment Act (ARRA) of 2009, the HITECH Act expands the HIPAA encryption compliance requirement set, requiring the disclosure of data breaches of “unprotected” (unencrypted) personal health records, including those by business associates, vendors and related entities.
The “HIPAA Omnibus Rule” of 2013 formally holds business associates liable for compliance with the HIPAA Security Rule.