The introduction of electronic medical record (EMR) keeping technology is one of the most revolutionary concepts in recent years. Prior to the introduction of the EMR system, the billing related information and the records of the patients such as scan reports, x ray reports, other reports, and personal details were kept and stored manually. These files and record books usually had the same purpose. This made it almost impossible to access them when they were needed the most as a result of the amount of space they took up. In addition to the fact that there was a lack of proper privacy laws, the data with kept with as record keeper and usually wound up in the hands of somebody who used the data to sell his goods and services. In those days, electronic medical records had similar problems. It was determined that a law was required to prevent this from occurring. The introduction of the Health Insurance Portable Act (HIPAA) finally solved the problem. Under HIPAA, the final rule and the privacy rule on security
standards refined the practice of EMR record keeping.
HIPAA regulates the privacy issue as they relate to United States medical records. In 1991 HIPAA was introduced by the Congress of the United States. In 2003, the privacy rule was introduced under Title II (two) of HIPAA. This act regulates the issue of privacy issue as it relates to the Protected Health Information (PHI). PHI is any part of the information such as the billing information, x ray reports, other reports, personal details, or the health status of the respective patient. This privacy rule means that the entities that it covers must, upon request of the concerned entity provide the PHI in no more than 30 days or one month. The authorization if the concerned entity must be provided before the PHI is used. If disclosure of PHI is needed, the least possible exposure must be considered. The concerned entity must make the communications confidential in accordance with the patient under the privacy rule of HIPAA. All of the electronic and paper medical records that are used must be explained to the patient for each use. If anybody feels that his/her personal confidentiality under the privacy law has been violated he/she may file a complaint against the concerned entity with the Department of Health and Human Services Office for Civil Rights.
Under Title II (two) of HIPAA, the security rule is also covered. The security rule specifically deals with systems for electronic medical records. This security rule was issued on the 20th of Feb, 2003 and went into effect on the 21st of April, 2003. The compliance of this security rule that began on the 21st of April, 2005 required three kinds of safeguards for security. The safeguards are technical, physical, and administrative. There are different standards for each kind of safeguard. The safeguards for the technical aspect of the EMR are designed to work with the electronic transmission over a network by the concerned entity such that it safeguards the access to the computer systems that contains the EMR. The safeguards for the physical aspect of the EMR are designed to protect personnel who are unauthorized from physical access to the protected data in the electronic medical records. The administrative safeguards are specifically designed procedures and policies to demonstrate the compliance of the concerned entity with the act.
HIPAA also covers the entire health and medical security related security issues in addition to these concerns with its other newest acts such as the Health Information Technology for the Economic and Clinical Health (HITECH) Act of 2009.