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Security

Security Regulations

Overview of the Security Regulation

On August 12, 1998 the Department of Health and Human Services ("DHHS") published a Proposed Security & Electronic Signature Standards Rule.  This rule proposes standards for the security of individual health information and electronic signature use by health plans, health care clearinghouses, and health care providers.  The health plans, health care clearinghouses, and health care providers would use the security standards to develop and maintain the security of akll electronic individual health information.  The electronic signature standard is applicable only with respect to use with the specific transactions defined in the Health Insurance Portability and Accountability Act of 1996, and when it has been determined that an electronic signature must be used.

The Security Rule provides requirements for:

1.     Administrative procedures to guard data integrity, confidentiality and availability;

2.     Physical safeguards to guard data integrity, confidentiality and availability;

3.     Technical security devices to guard data integrity, confidentiality and availability;

4.     Technical security mechanisms to guard against unauthorized access to data that is transmitted over a communications network; and

5.     Electronic signature.

The Security Rule was finalized in February 2003.

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Last Updated:  May 1, 2003