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Security Risks Surrounding Electronic Medical Records

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In this paper we identify security risks surrounding Electronic Medical Records (EMR) and discuss strategies healthcare providers can employ to mitigate those risks. We begin with a brief overview of the legislative history driving the rapid adoption of EMR and other health information technology. Legislation Driving Rapid Adoption of EMR Perhaps the most important piece of legislation relevant to our understanding of security risks surrounding EMR and health information technology is The Health Information Portability and Accountability Act (HIPAA), which was signed into law in 1996 by the Clinton administration. HIPAA impacts the healthcare industry in many ways, but of particular importance – at least for our purposes of understanding security risks surrounding EMR – is HIPAA’s security rule, which governs how providers must protect private health information during the process of adopting and implementing new health information technology such as EMR. HIPAA requires “covered entities” to take reasonable measures to protect electronic private health information. HIPAA is vitally important to our understanding of EMR risks because providers can face harsh penalties if found in violation of HIPAA. Over the next decade, significant advances were made on the technology front, and in 2009 president Obama signed into law The Health Information Technology for Economic and Clinical Health Act (HITECH). The HITECH Act introduced the concept of “meaningful use” as a way to

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