EHR Security And Privacy For Compliance

Electronic Health Records (EHRs) have become integral to modern healthcare by streamlining the documentation and sharing of patient information among providers. However, these systems are vulnerable to security concerns that may affect the confidentiality of protected health information (PHI)

According to recent data breach statistics, the number of patient records exposed in data breaches increased from 51.9 million in 2022 to over 133 million in 2023. This upward trend highlights the need for stronger security practices to safeguard sensitive patient data stored within EHR systems. 

In this piece, we will cover EHR security best practices to help you protect confidential patient information and ensure compliance with the Health Insurance Portability and Accountability Act (HIPAA). 

Key Takeaways
  • The rise in healthcare data breaches highlights the urgent need for improved EHR security measures to protect sensitive patient information
  • Internal audits and regular risk assessments help identify and address vulnerabilities in EHR systems
  • The HIPAA Security Rule mandates organizations to use technical, administrative, and physical safeguards to protect ePHI
  • Regular software updates and patching help protect EHR systems from new security threats and vulnerabilities
  • ONC-ATCB certified EHR software ensure adherence to high standards of security and interoperability

The Importance Of Security And Privacy In EHRs

EHRs contain electronic protected health information (ePHI) and sensitive patient details such as medical history, diagnoses, and treatment plans, which must be secured and protected from unauthorized access under the HIPAA law.

In recent years, EHR systems have become a prime target for cyberattacks, threatening the confidentiality and integrity of this data.

Several major healthcare cyberattacks were reported in the first half of 2024, including a significant ransomware attack on Ascension that disabled its electronic medical records system for nearly a month. Another attack on Change Healthcare disrupted services nationwide and compromised the data of over 110 million individuals.

The scale of these breaches highlights the growing risk to patient privacy and data security. Data breaches like these can lead to severe consequences, including identity theft, financial loss, and significant damage to a healthcare practice's reputation. 

Moreover, the penalties for violating HIPAA requirements for EHR data security can be severe, with civil monetary fines ranging from $137 to $68,928 per violation, depending on the level of responsibility. 

Common Vulnerabilities In EHR Software 

EHR systems are vulnerable to security threats because they are interoperable and store sensitive patient information from multiple healthcare organizations. 

The U.S. Department of Health and Human Services (HHS) recently published a threat brief titled Electronic Medical Records Still a Top Target for Cyber Threat Actors, which outlines the following key risks faced by EHRs and EMRs:

  • Fraud
  • Phishing attacks
  • Encryption blind spots
  • Cloud threats/third-party risks
  • Malware and ransomware attacks
  • Employees/insider threats

Human error is often the weakest point in security systems. Cybercriminals exploit this vulnerability by targeting clinic or hospital employees with convincing phishing scams that appear legitimate but are actually malicious. 

EHRs are especially attractive to cybercriminals because they contain valuable PHI that can be sold for profit in the black market or dark web. The financial impact of such breaches can be significant. According to IBM’s cost of a data breach report, the average healthcare data breach costs approximately USD 9.77 million. 

How To Protect EHRs From Cyber Threats? 

To safeguard EHR systems and prevent unauthorized access, HHS has outlined several actions in the brief that healthcare providers can take to maintain a proactive approach to cybersecurity. 

These include measures such as:

  • Strengthen Your Organizational Cyber Posture: Regularly update security protocols, invest in employee training to avoid phishing and social engineering attacks, and ensure that all devices are properly encrypted
  • Use A “Zero Trust Security Model” On Your Network: This model assumes that no user or device, inside or outside the network, should be trusted by default. Access should be authenticated and monitored regularly
  • Follow CISA Guidelines: CISA insights provide measures to protect against critical cyber threats. These include instructions on keeping the software up to date, disabling unnecessary ports and protocols, and monitoring for potential intrusions

5 Best Practices For EHR Security And HIPAA Compliance

Best 5 Practices For EHR Security And HIPAA Compliance

A recent analysis by Healthcare Dive revealed that healthcare breaches have exposed over 385 million patient records from 2010 to 2022. This highlights the growing need for healthcare providers to implement robust strategies to protect sensitive patient data.

Here are some best practices your practice can follow to comply with HIPAA and EHR security requirements: 

1. Risk Assessment

Conducting regular security audits is vital for ensuring HIPAA compliance and protecting ePHI. A HIPAA risk assessment is a proactive process to identify, evaluate, and mitigate potential threats and vulnerabilities to patient data.

Healthcare organizations should frequently audit their policies, procedures, and security mechanisms to assess whether they are reducing risks to an acceptable level.

To perform effective risk assessments, organizations can follow these five steps:

  • Define the scope of the assessment
  • Monitor the effectiveness of existing EHR security measures
  • Identify potential weaknesses in the system
  • Determine and assign risk levels based on findings
  • Regularly review and update the risk analysis to reflect current threats

2. Employee Training And Awareness

Proper training and awareness programs are crucial for ensuring that employees understand how to handle PHI according to HIPAA standards. A lack of employee training can result in costly penalties. 

 The HIPAA Security Rule mandates that healthcare organizations provide training to all members of their workforce on security practices.

Key Components Of Training 

Organizations should train employees on the privacy procedures relevant to their specific job functions. Here are a few key areas to consider for HIPAA training:

  • Safeguarding PHI: Employees must understand how to maintain confidentiality, integrity, and availability of patient information
  • Administrative, Physical, And Technical Safeguards: Training should cover the implementation of access controls, secure storage of data, and encryption protocols
  • Breach Notification Protocols: Staff should know the steps to follow in case of a data breach, including timely reporting and corrective measures

3. Incident Response Planning

One of the best practices for maintaining HIPAA compliance is having a robust incident response plan. Healthcare organizations must be equipped to respond promptly to any data breaches or security incidents. HIPAA mandates that all security incidents be reported to the Office for Civil Rights (OCR), and failure to do so can result in severe penalties. 

The HIPAA Breach Notification requirements also emphasize notifying individuals whose PHI has been compromised. The timeframe for notification can vary depending on the size and scope of the breach. 

4. Comprehensive Security Measures 

Healthcare is one of the most data-intensive industries, as it generates and stores vast amounts of patient information. With the growing threat of EHR security breaches, healthcare providers must take proactive steps to secure this data and protect ePHI.

Here are the two most crucial security measures for safeguarding patient information: 

Access Controls 

Effective access control systems within EHR software are essential for ensuring that only authorized users can access sensitive patient information. Measures such as passwords, PINs, and security questions help prevent unauthorized access and maintain data security.

However, access controls require ongoing oversight to be truly effective. As Carla Wheeler, Vice President and CISO at Ochsner Health, notes, "Granting access is just a piece of the process. You need to continuously monitor for changes, verify users, and remove access when it is no longer needed." 

Data Encryption 

Data encryption is another important method for protecting PHI within electronic health records and ensuring HIPAA compliance. It converts sensitive patient data into a coded format that can only be decrypted by authorized users with the correct key.

This ensures that even if unauthorized individuals gain access to the encrypted data, they cannot read or use it without the proper decryption key.

5. Regular Software Updates And Patching 

Delaying EHR updates can compromise security and compliance, as outdated software often contains vulnerabilities that hackers can exploit to gain unauthorized access to sensitive patient data. Healthcare providers should consistently update and patch their EHR system to protect sensitive information. 

Regular EHR software updates can also help you avoid costly disruptions and ensure optimal performance for your practice's operations and patient care.

For more information on ensuring compliance with regulatory standards, refer to our comprehensive guide on regulatory compliance for new healthcare practices

HIPAA Safeguards For EHR Security

EHR Security And Privacy For Compliance

The HIPAA Security Rule requires healthcare organizations to maintain appropriate technical, administrative, and physical safeguards for protecting ePHI. These safeguards help ensure that patient data is secure and remains confidential. 

1. Technical Safeguards 

Technical safeguards include technology and policies to protect ePHI from unauthorized access. Some examples include audit controls, data encryption, and access controls. 

2. Administrative Safeguards 

Administrative safeguards are policies and procedures designed to manage and protect ePHI. A few key examples are security management process, workforce training, and risk assessments. 

3. Physical Safeguards 

Physical safeguards involve measures and procedures to protect the physical infrastructure and equipment used to store and access ePHI. Such measures include workstation security and facility access and control. 

Understanding EHR Certifications

Another important step providers can take to protect patient privacy and maintain high standards for EHR security is to use software certified by the Office of the National Coordinator for Health IT’s (ONC) Authorized Testing and Certification Bodies (ONC-ATCB). 

This certification confirms that the software can securely manage patient information and integrate seamlessly with other systems for effective information sharing.

EHR systems are assessed based on the following factors: 

EHR Security And Privacy For Compliance

The designated certification bodies evaluate numerous aspects within these areas to ensure compliance with industry standards. 

Top 5 ONC-ATCB Certified Vendors 

To help you choose the right ONC-ATCB certified software, we have shortlisted the best EHRs available on the market based on user reviews, in-depth market research, and security features.

These software solutions offer a blend of functionality and reliability to ensure your practice meets high standards for both efficiency and data protection:

For further guidance on selecting an EHR system that ensures patient information security, read our detailed article on 5 EHR security questions to ask vendors before implementation

Final Thoughts: Ensuring EHR Security And Compliance

EHR Security And Privacy For Compliance

Managing the security of electronic records in healthcare is not a one-time task but an ongoing process. It requires you to carefully evaluate your EHR software, implement various security measures, and consistently follow HIPAA best practices.

As Ross A. Leo, a cybersecurity expert at ObservSMART, emphasized during a recent webinar with Software Finder: “The more you prepare yourself for the risks you’re absolutely going to face, the better you’ll be able to prepare yourself to deal with them. And keeping you out of trouble with regulators is very much a part of the operational aspect of your business.” 

Many healthcare facilities, especially smaller ones, may not have the resources to keep up with the latest developments. However, they should still prioritize patient information security to fully realize the benefits of an EHR.

There are numerous affordable tools available to assess the security risks of your electronic health records. Alternatively, you can consider hiring an EHR security officer or consulting firm to help you navigate these challenges.