RSI Security

What Is HITECH?

When asked about the Obama administration’s efforts to reform the American healthcare system, most people will think of the Patient Protection and Affordable Care Act, also known as “Obamacare.” Many forget or fail to realize that a year prior to the ACA’s creation, Congress had already passed the largest healthcare reform measure in decades in the form of the Health Information Technology for Economic and Clinical Health Act (HITECH). 

One of the reasons why HITECH’s addition went mostly unnoticed and unremarked is that it was a subsection of President Obama’s American Recovery and Reinvestment Act of 2009. Few realized that this stimulus package introduced sweeping changes to the healthcare industry that had far-ranging impacts on the relationship between patients and providers, especially pertaining to healthcare provider treatment of private health information. 

Do you want to know what is HITECH in healthcare and how it protects your private information? Read on to find out. 

 

The Genesis of HITECH

Before we can answer the question of “what is the HITECH Act,” you must first understand the factors and circumstances that contributed to its formation. In short, its reason for being was the result of questions and complications related to the relationship, or lack thereof, between medicine and technology. To better grasp the issue, it helps to remember the context of time. 

In the mid-2000s the digital revolution was sweeping across the world, changing it in ways never hitherto considered possible. Computer technology was not only becoming a daily facet of American life but business and industry as well. Digitization contributed to the following key changes:

As a result, the way things had always been done was now becoming obsolete. If you wanted to not just compete but thrive, you had to embrace the advantages made possible by the technological revolution.  

Assess your HIPAA / HITECH compliance

 

Healthcare’s Initial Opposition to Change

One sector where this digital transformation was met with the fiercest resistance was that of the healthcare industry. Naturally, this might surprise you; it seems counterintuitive that a field focused on pushing boundaries, increasing knowledge, and improving treatment methodology would be the ones to act like Luddites. But, when you consider the fact that the practice of medicine was steeped in decades, if not centuries, of tradition, this resistance becomes less of a mystery. 

In addition, the nature of the field of medicine in and of itself often acted as a barrier for investments. Factors for this included:

Despite this, many within the field soon realized that modernizing the outmoded health IT system was a necessary step, even if it resulted in some initial disadvantages. They posited that it would accomplish the following:

 

 

The Government’s Role  

The Bush administration saw that it would take far too long for the market to naturally respond to technological change, and then course-correct. The government had to step in and encourage providers to embrace health IT and make improvements to the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Their first action was the formation of the Office of National Coordinator for Health Information Technology (ONCHIT). After that, congress pushed two key bills meant to protect information, provide funding, and establish universal standards:

 

The goal of these and subsequent policies wasn’t simply to change recordkeeping methods from physical copies to digital. Instead, it was about using novel tech to improve the quality of healthcare. Once President Bush’s second term came to a close, he passed the baton to the Obama administration. They, in turn, built upon the previous administration’s policies by introducing HITECH. 

 

What is HITECH? 

President-elected Obama entered the White House during the global financial crisis caused by the subprime mortgage collapse. In an attempt to stimulate the economy, the Obama administration introduced its 2009 stimulus package, which included a provision on updating the health IT industry via the HITECH act. 

The general focus of the HITECH Act was to:

According to Health and Human Services, it accomplished this by establishing the following revisions to previous policies:

It also amended section 1176(b) by:

 

 

How HITECH Protects Your Information

One of the principal aims of HITECH was to protect ePHI. It expanded upon the best practices for security and privacy originally found in HIPAA. Its goal was to prevent the disclosure of “individually identifiable health information” without patient consent except for:

HITECH significantly increased the automatic repercussions for a breach of your personal information. The mechanisms for this included the following addendums:

According to HHS

This new federal law ensures that covered entities and business associates are accountable to the Department and to individuals for proper safeguarding of the private information entrusted to their care.  These protections will be a cornerstone of maintaining consumer trust as we move forward with meaningful use of electronic health records and the electronic exchange of health information.

Penalties for willful neglect were increased and include:

 

HITECH and Meaningful Use

Initially, the HITECH charter laid out a timeline for the implementation of the new rules. Starting in 2011, healthcare providers would be able to obtain financial enticements for showing meaningful use of EHRS. This program ran until 2015. Afterward, penalties were levied on those who failed to demonstrate meaningful use.

According to the CDC:

Meaningful Use is defined by the use of certified EHR technology in a meaningful manner (for example electronic prescribing); ensuring that the certified EHR technology is connected in a manner that provides for the electronic exchange of health information to improve the quality of care; and that in using certified EHR technology the provider must submit to the Secretary of Health & Human Services (HHS) information on quality of care and other measures.

This was based on the ‘5 pillars of health outcomes’:

  1. Enhance the quality, efficacy, and safety of healthcare in order to decrease discrepancies.
  2. Facilitate communication and coordination.
  3. Involve patients and families in monitoring their health.
  4. Improve the health metrics of the population as a whole. 
  5. Ensure the privacy and security of electronic health records. 

 

Medicare and Medicaid Promoting Interoperability Programs

Although it was successfully integrated, the program was largely unpopular, particularly with healthcare providers who had to hit dozens of benchmarks to demonstrate compliance. As a result, the program was updated in 2018 and retitled the Medicare and Medicaid Promoting Interoperability Programs. In addition, an incentive program was created to push doctors and hospitals to upgrade to certified EHR technologies (CEHRT). This EHR incentive program was measured in 3 stages:

By all metrics, the HITECH Act was a success that pushed hospitals to adopt EHR in droves. According to a Health Affairs study on the matter:

We found that annual increases in EHR adoption rates among eligible hospitals went from 3.2 percent in the pre-period to 14.2 percent in the post period. Ineligible hospitals experienced much smaller annual increases of 0.1 percent in the pre-period and 3.3 percent in the post-period, a significant difference-in-differences of 7.9 percentage points. Our results support the argument that recent gains in EHR adoption can be attributed specifically to HITECH, which suggests that the act could serve as a model for ways to drive the adoption of other valuable technologies.

 

 

Safeguarding Your Data

By this point, you should no longer be wondering “What is the HITECH Act?” As you now know, it was instrumental in pushing healthcare providers to adopt new tech and to better safeguard your data. Although these measures alone aren’t enough in and of themselves to completely protect your electronic health records, it was a critical step that increased digital security. Contact RSI Security to get started on becoming HITECH compliant.

 
 


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Sources 

Congress.Gov. American recovery and Reinvestment Act of 2009. https://www.congress.gov/bill/111th-congress/house-bill/1/text

Reisman, G. The Wired for health Care Quality Act: Beyond HIPAA. (2008). https://www.jacr.org/article/S1546-1440(08)00357-8/abstract

Health and Human Services. HITECH Act Enforcement Interim Final Rule. https://www.hhs.gov/hipaa/for-professionals/special-topics/hitech-act-enforcement-interim-final-rule/index.html

Health and Human Services. HITECH Breach Notification Interim Final Rule. https://www.hhs.gov/hipaa/for-professionals/breach-notification/laws-regulations/final-rule-update/hitech/index.html

CDC. Public Health and Promoting Interoperability Programs. https://www.cdc.gov/ehrmeaningfuluse/introduction.html

Jha, A. Health Affairs. HITECH Act Drove Large Gains In Hospital Electronic Health Record Adoption. (2017). https://www.healthaffairs.org/doi/full/10.1377/hlthaff.2016.1651

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