Seven key differences between HITRUST vs HIPAA

• Though HITRUST and HIPAA both work to safeguard healthcare-related data, they relate to separate practices and scope of applicability.
• Organisations will be in a better position to harness the strength of both frameworks into a more extensive and stronger strategy for information security in terms of legal compliance and even finer security for sensitive health information.

The protection and privacy of patient information have always been paramount in the health care compliance field. Major frameworks under this include the Health Information Trust Alliance (HITRUST) and the Health Insurance Portability and Accountability Act (HIPAA). Ironically, though, while both have the same goal of protecting sensitive health information, they have many ways in which they differ.

Below are some of the seven crucial areas in which HITRUST and HIPAA differ:

1. Purpose and Scope: HIPAA is a federal law that protects the privacy and the security of healthcare information from August 21, 1996, onwards. It provides standards and rights for electronic data interchange for health information and the rights of patients on their data. In contrast, HITRUST, formed in 2007, is a certifiable framework that rolls up all compliance requirements, such as HIPAA into one framework to which organisations handling sensitive health information can adhere. HITRUST is far broader than HIPAA and allows for additional standards and controls.
2. Regulatory Compliance: It is, indeed, an enforcement agency by the Health and Human Services (HHS) of the federal government to administer the implementation of the HIPAA laws along with other regulatory authorities so that it is possible to administer the penalty mechanisms for non-tolerance or violation of the laws. By contrast, HITRUST operates as a private organisation, and while it provides guidance and a certification process, it has little or no legal power in regulating compliance. Its certification is voluntary but it can help you build trust with your clients and stakeholders.
3. Certification: According to HITRUST, organisations have the option of certification towards demonstrating their compliance with a broad range of security and privacy standards. This certification comprises a rigorous and detailed assessment of the organisation’s controls against the HITRUST Common Security Framework (CSF). HIPAA does not have a certification process, but requires compliance to be evidenced by audit evaluations and inspections administered by regulatory agencies.
4.  Complexity and Customisation:  The HITRUST Common Security Framework is scalable and customisable so that it can accommodate organisations of any size or complexity. Besides, merging with several existing compliance requirements, it becomes adaptable to different operating environments. On the contrary, HIPAA specifies more of a one-size-fits-all framework that may not serve the particular needs of each organisation equally.
5. Control Requirements:  A Complete set of HITRUST controls includes many controls issued against legislative requirements, existing industry standards, and best practices. Certification against the HITRUST framework must fulfil these prescribed controls. Whereas HIPAA states privacy and security rules, the law does not require such detailed controls and allows organisations the discretion on how to determine compliance mechanisms.
6. Global Applicability:  HIPAA, in contrast, refers mainly to the business associates of covered entities within the borders of the US. HITRUST, however, has received the recognition globally and thus can be applied to any organisation that is headquartered or doing business globally. This makes it very enticing for multinational enterprises regarding quite a lot of compliance issues, including those that refer to data protection and privacy regulations.
7. Risk Management Focus: HITRUST does advocate a risk-based approach to compliance with those organisations that conduct risk assessments and implement controls tailored to their threats and vulnerabilities. HIPAA has a risk management component, but it is prescriptive in a way that tends to get organisations to implement controls based more on compliance than on wide-ranging risk analysis.

HITRUST framework

It contains bits and pieces from other regulations like the Health Insurance Portability and Accountability Act (HIPAA) and the National Institute of Standards and Technology (NIST) Cyber Security Framework, among others, which make it easier to comply with the requirements by the healthcare organisation as it has bundled up all those into one requirement.

One of the best features of HITRUST Framework is that it is flexible. Organisations can modify their control requirements based on their environments, risks, and business requirements.

This flexibility avails even the largest organisations-from extensive hospitals to smaller practices, and virtually all catchment areas in between, the ability to carry effective information security practice without resource overload.

On top of this, HITRUST continues to develop more of such collections of assessment frameworks and certification schemes that build and develop an infrastructure around organisations to achieve compliance and improve security measures overall. Such resources include guidance on risk assessments, security controls, and best practices to manage data privacy.

HITRUST requirements

For seeking HITRUST certification, organisations must undergo a thorough and rigorous assessment process. Self-assessment initially follows to be validated through audits performed by external assessors who are certified by HITRUST. The current security practices of the organisation are evaluated and measured against HITRUST CSF requirements. A good score at this assessment gives the organisation an HITRUST certification valid for two years, after which compliance efforts must be ongoing and self-assessments done yearly to sustain standards.

HITRUST does not end with saying that good security controls must be established; rather, it also goes further to state that the need for risk management and constant monitoring must be there. Organisations are also required to review and update their security practices regularly to counter any new threats or vulnerabilities.

HIPAA framework

The Privacy Rule is the core of HIPAA that limits the dispositions and uses of PHI in the absence of patient consent. This rule enables patients to have rights over their health information, such as accessing their records and requesting changes. It also encourages healthcare providers to implement strict safeguards that minimise the possibility of disclosing PHI as it ensures that patient information is disclosed only to those who are authorised and for legitimate purposes.

The HIPAA Security Rule resembles the Privacy Rule, which deals with ePHI (electronic PHI) protection. The rule specifies how technical, administrative, and physical fortifications ensure that hospitals, clinics, and other covered entities offer protection against unauthorised access to and data breaches of ePHI. The Security Rule bolsters the resilience of health care infrastructure in the face of an increasing threat from cyberattacks through risk assessments and the implementation of strong security measures.

In addition, HIPAA contains provisions for enforcement of the regulations. The Department of Health and Human Services has oversight authority and can impose penalties on entities that do not comply with HIPAA.

HIPAA requirements

HIPAA requires strict administrative, physical, and technical specifications from health care providers, health plans, and business associates to prevent unauthorised access, use, or disclosure of PHI.

HIPAA gives rights to patients in connection with their health information. The rights involve being able to access one’s medical records, ask for corrections of inaccuracies, and an accounting of disclosures made by the healthcare provider. This transparency fosters trust between patients and healthcare entities while encouraging individual responsibility in their healthcare decision-making.

Therefore, HIPAA allows provisions for breach notifications. In case of data breaches that affect PHI, covered entities must notify affected individuals, the HHS Office of Civil Rights, and sometimes local media.

The role of MDM

As healthcare organisations move through the maze of HITRUST and HIPAA regulations, Master Data Management structures the whole and self-information. Through effective data governance, access controls, and integrity measures, MDM cannot only mitigate risks but also support organisations in attaining and maintaining compliance with regulatory obligations. Effectively, leveraging MDM is an all-out strategy for healthcare organisations aiming at upholding the strictest measures possible regarding data security and patient privacy.

Remote lock and wipe

The incorporation of remote lock and wipe capabilities is beyond a technical enhancement to the organisation; it becomes an integral part in complying with both the HIPAA and HITRUST standards because it enables healthcare organisations to mitigate risks related to mobile device security in the preservation of patient data integrity and the trust that is so vital in the health care system.

Such mechanisms assume increased importance in the face of advancing cyber threats and will continue to be so for securing health information in a digital era.