HIPAA covers health plans, healthcare clearinghouses, and healthcare providers who transmit health information electronically in connection with covered transactions.
A physician practice, clinic, or group practice that bills electronically is a covered entity. The electronic protected health information moving through your EHR, patient portal, and email is exactly what the Security Rule was written to safeguard.
Medical practices hold concentrated, high-value patient data.
Every chart contains names, dates of birth, Social Security numbers, insurance and billing details, diagnoses, medications, and clinical notes.
That combination of identity and health information is precisely the ePHI the Security Rule protects, and it is among the most valuable data an attacker can steal.
This data lives across EHR and practice-management systems, patient portals, e-prescribing, imaging, connected devices, and staff email. Each of those systems is a place ePHI can be exposed, and each one falls within the safeguards the rule requires.
Most small-practice breaches trace to preventable causes.
The breaches that hit physician practices most often are not exotic. They trace to unpatched systems, phishing and email-account compromise, weak or shared credentials, and lost or stolen laptops and phones.
The Security Rule controls line up directly with these causes. Patch and vulnerability management, security awareness training, unique user IDs with MFA, and encryption of devices and media each close one of the common paths a breach takes into a practice.
The Security Risk Analysis is the required starting point.
The Security Rule explicitly requires a Security Risk Analysis, and it is the specification investigators ask about first after an incident.
A practice that cannot produce a current, thorough SRA has a documented gap regardless of what technology it has purchased.
We conduct the analysis across your full environment, pair each identified risk with the safeguard that addresses it, and keep the assessment current as you add systems, staff, and vendors. The result is a working program, not a one-time binder.
A Business Associate Agreement defines who is responsible for what.
When Cyber One Solutions manages systems that store or transmit your ePHI, or when our staff can access that data in the course of support, HIPAA treats us as your Business Associate.
That relationship must be governed by a signed Business Associate Agreement before the work begins.
The BAA sets out how we safeguard your ePHI and support your obligations. It does not transfer your covered-entity duties to us.
You remain the covered entity accountable for HIPAA compliance; our role is to implement and manage the controls and to give you the evidence that they are working.
Texas and Tennessee breach-notification law sits alongside HIPAA.
Texas law applies alongside the HIPAA Breach Notification Rule.
Texas treats information that identifies an individual and relates to the individual's physical or mental health or condition, the provision of health care, or payment for health care as sensitive personal information (Texas Business and Commerce Code §521.002).
Under Texas Business and Commerce Code §521.053, anyone who conducts business in Texas and owns or licenses computerized data that includes sensitive personal information must notify each affected individual of a breach without unreasonable delay and not later than the 60th day after determining that the breach occurred.
If the breach involves at least 250 Texas residents, the Texas Attorney General must also be notified, through the electronic form on the Attorney General's website, as soon as practicable and not later than the 30th day after that determination.
Your incident response plan should track those state deadlines next to the HIPAA notices.
Tennessee Code Annotated §47-18-2107 requires notice to affected Tennessee residents no later than 45 days from discovery or notification of a breach, but subsection (i) states that the section does not apply to an information holder subject to HIPAA, as expanded by the HITECH Act.
Confirm with counsel how the Tennessee exclusion applies to your organization.