In this week’s installment of our blog series on the U.S. Department of Health and Human Services’ (HHS) HIPAA Security Rule updates in its January 6 Notice of Proposed Rulemaking (NPRM), we are exploring the proposed updates to the HIPAA Security Rule’s administrative safeguards requirement (45 C.F.R. § 164.308).

Background

Currently, HIPAA regulated entities must generally implement nine standards for administrative safeguards protecting electronic protected health information (ePHI):

  1. Security Management Process
  2. Assigned Security Responsibility
  3. Workforce Security
  4. Information Access Management
  5. Security Awareness and Training
  6. Security Incident Procedures
  7. Contingency Plan
  8. Evaluation
  9. Business Associate Contracts and Other Arrangements

Entities are already familiar with these requirements and their implementation specifications. The existing requirements either do not identify the specific control methods or technologies to implement or are otherwise “addressable” as opposed to “required” in some circumstances for regulated entities. As noted throughout this series, HHS has proposed removing the distinction between “required” and “addressable” implementation specifications, providing for specific guidelines for implementation with limited exceptions for certain safeguards, as well as introducing new safeguards.

New Administrative Safeguard Requirements

The NPRM proposes updates to the following administrative safeguards: risk analyses, workforce security, and information access management. HHS also introduced a new administrative safeguard, technology inventory management and mapping. These updated or new administrative requirements are summarized here:

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