Re: HIPAA Requires Encryption?

[Paul Kendall <PKendall () ACCUDATASYSTEMS COM>]

Like so many federal requirements, HIPAA/HITECH does not specifically MANDATE encryption. However, the DHHS Pre-Audit 
checklist that goes to organizations DHHS is preparing to perform compliance audits against does specifically ask for a 
copy of your encryption policy/procedure.
The questions I would ask in this case: "If you do not use encryption, what compensating controls do you have in place? 
Do these controls provide an approximate equivalent level of protection?".
If the data is encrypted and it is lost, you are not under the same reporting obligations as if you would be if it were 
lost unencrypted. In this era of fiscal deficit, I would expect the feds to maximize penalties every chance they get to 
increase their overall revenue stream.
Just my two sous' worth...
Paul
========================================
Paul L. Kendall, CGEIT, CHP, CHSS, CHS-III, CISM, CISSP, CSSLP, DHS-CVI, PCI QSA
PCI Qualified Security Assessor
Certified HIPAA Professional
Certified HIPAA Security Specialist
Senior Security Consultant
Accudata Systems, Inc.
15305 Dallas Parkway, Suite 300
Dallas, TX 75001
(817) 496-6450 Fort Worth Office
(877) 832-6013 Fort Worth FAX
(800) 246-4908 Corporate Office
(281) 897-5001 Corporate FAX
(713) 446-5259 Cell
http//www.accudatasystems.com

From: The EDUCAUSE Security Constituent Group Listserv [mailto:SECURITY () LISTSERV EDUCAUSE EDU] On Behalf Of Matthew 
Link
Sent: Thursday, August 26, 2010 3:19 PM
To: SECURITY () LISTSERV EDUCAUSE EDU
Subject: [SECURITY] HIPAA Requires Encryption?


Very recently, I inherited the job of focusing information security efforts.  In the process of upgrade of a SQL 
server, a question has arisen regarding the provision in HIPAA (Addressable) to encrypt EPHI at rest on both the server 
and the backup media.  It does come at some additional cost, though it's manageable.  Before proceeding, however, I 
thought I'd ask if anyone has suggestions.


Thanks,

--Matthew Link.

  Director, User Services

  Information Services, UCM

  660-543-8063

  link () ucmo edu