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Health Information Technology for Economic and Clinical Health Act (HITECH)

In 2009, Congress amended HIPAA by passing the Health Information Technology for Economic and Clinical Health (HITECH) Act. This law updated many of HIPAA’s privacy and security requirements and was implemented through the HIPAA Omnibus Rule in 2013. One of the changes mandated by the new regulations is a change in the way the law treats business associates (BAs), organizations that handle protected health information (PHI) on behalf of a HIPAA-covered entity. HITECH also introduced new data breach notification requirements.

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Maturity Level Details:Maturity levels consist of a predefined set of process areas. The maturity levels are measured by the achievement of the specific and generic goals that apply to each predefined set of process areas. The following sections describe the characteristics of each maturity level in detail.Maturity Level 1 - Initial At maturity level 1, processes are usually ad hoc and chaotic. The organization usually does not provide a stable environment. Success in these organizations depends on the competence and heroics of the people in the organization and not on the use of proven processes.Maturity level 1 organizations often produce products and services that work; however, they frequently exceed the budget and schedule of their projects.Maturity level 1 organizations are characterized by a tendency to over commit, abandon processes in the time of crisis, and not be able to repeat their past successes.Maturity Level 2 - Managed At maturity level 2, an organization has achieved all the specific and generic goals of the maturity level 2 process areas. In other words, the projects of the organization have ensured that requirements are managed and that processes are planned, performed, measured, and controlled.The process discipline reflected by maturity level 2 helps to ensure that existing practices are retained during times of stress. When these practices are in place, projects are performed and managed according to their documented plans.At maturity level 2, requirements, processes, work products, and services are managed. The status of the work products and the delivery of services are visible to management at defined points.Commitments are established among relevant stakeholders and are revised as needed. Work products are reviewed with stakeholders and are controlled.The work products and services satisfy their specified requirements, standards, and objectives.Maturity Level 3 - Defined At maturity level 3, an organization has achieved all the specific and generic goals of the process areas assigned to maturity levels 2 and 3.At maturity level 3, processes are well characterized and understood, and are described in standards, procedures, tools, and methods.A critical distinction between maturity level 2 and maturity level 3 is the scope of standards, process descriptions, and procedures. At maturity level 2, the standards, process descriptions, and procedures may be quite different in each specific instance of the process (for example, on a particular project). At maturity level 3, the standards, process descriptions, and procedures for a project are tailored from the organization's set of standard processes to suit a particular project or organizational unit. The organization's set of standard processes includes the processes addressed at maturity level 2 and maturity level 3. As a result, the processes that are performed across the organization are consistent except for the differences allowed by the tailoring guidelines.Another critical distinction is that at maturity level 3, processes are typically described in more detail and more rigorously than at maturity level 2. At maturity level 3, processes are managed more proactively using an understanding of the interrelationships of the process activities and detailed measures of the process, its work products, and its services.Maturity Level 4 - Quantitatively Managed At maturity level 4, an organization has achieved all the specific goals of the process areas assigned to maturity levels 2, 3, and 4 and the generic goals assigned to maturity levels 2 and 3.At maturity level 4 Subprocesses are selected that significantly contribute to overall process performance. These selected subprocesses are controlled using statistical and other quantitative techniques.Quantitative objectives for quality and process performance are established and used as criteria in managing processes. Quantitative objectives are based on the needs of the customer, end users, organization, and process implementers. Quality and process performance are understood in statistical terms and are managed throughout the life of the processes.For these processes, detailed measures of process performance are collected and statistically analyzed. Special causes of process variation are identified and, where appropriate, the sources of special causes are corrected to prevent future occurrences.Quality and process performance measures are incorporated into the organization.s measurement repository to support fact-based decision making in the future.A critical distinction between maturity level 3 and maturity level 4 is the predictability of process performance. At maturity level 4, the performance of processes is controlled using statistical and other quantitative techniques, and is quantitatively predictable. At maturity level 3, processes are only qualitatively predictable.Maturity Level 5 - Optimizing At maturity level 5, an organization has achieved all the specific goals of the process areas assigned to maturity levels 2, 3, 4, and 5 and the generic goals assigned to maturity levels 2 and 3.Processes are continually improved based on a quantitative understanding of the common causes of variation inherent in processes.Maturity level 5 focuses on continually improving process performance through both incremental and innovative technological improvements.Quantitative process-improvement objectives for the organization are established, continually revised to reflect changing business objectives, and used as criteria in managing process improvement.The effects of deployed process improvements are measured and evaluated against the quantitative process-improvement objectives. Both the defined processes and the organization's set of standard processes are targets of measurable improvement activities.Optimizing processes that are agile and innovative depends on the participation of an empowered workforce aligned with the business values and objectives of the organization. The organization's ability to rapidly respond to changes and opportunities is enhanced by finding ways to accelerate and share learning. Improvement of the processes is inherently part of everybody's role, resulting in a cycle of continual improvement.A critical distinction between maturity level 4 and maturity level 5 is the type of process variation addressed. At maturity level 4, processes are concerned with addressing special causes of process variation and providing statistical predictability of the results. Though processes may produce predictable results, the results may be insufficient to achieve the established objectives. At maturity level 5, processes are concerned with addressing common causes of process variation and changing the process (that is, shifting the mean of the process performance) to improve process performance (while maintaining statistical predictability) to achieve the established quantitative process-improvement objectives.
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Any information system (including any telecommunications system) used or operated by an agency or by a contractor of any agency, or other organization on behalf of an agency, the function, operation, or use of which: I. involves intelligence activities; II. Involves cryptologic activities related to national security; III. Involves command and control of military forces; IV. Involves equipment that is an integral part of a weapon or weapon system; or V. subject to subparagraph (B), is critical to the direct fulfillment of military or intelligence missions; or is protected at all times by procedures established for information that have been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept classified in the interest of national defense or foreign policy. (B). Does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications). (Title 44 U. S. Code Section 3542, Federal Information Security Management Act of 2002. )Any information system (including any telecommunications system) used or operated by an organization or by a contractor of the organization, or by other organization on behalf of the organization: (1) the function, operation, or use of which involves intelligence activities; involves cryptologic activities related to national security; involves command and control of military forces; involves equipment that is an integral part of a weapon or weapons system; or is critical to the direct fulfillment of military or intelligence missions (excluding a system that is to be used for routine administrative and business applications, for example, payroll, finance, logistics, and personnel management applications); or (2) is protected at all times by procedures established for information that have been specifically authorized under criteria estab
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A law that mandates that government agencies maintain only records that are necessary to conduct their business and destroy those records when they are no longer needed for a legitimate function of government. It provides a formal procedure for individuals to gain access to records the government maintains about them and to request that incorrect records be amended. The Privacy Act also restricts the way the federal government can deal with private information about individual citizens. The federal law that allows individuals to know what information about them is on file and how it is used by all government agencies and their contractors. The 1986 Electronic Communication Act is an extension of the Privacy Act.
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Any information that requires protection and that should not be made generally available. Information, the loss, misuse, or unauthorized access to or modification of, that could adversely affect the national interest or the conduct of federal programs, or the privacy to which individuals are entitled under 5 U. S. C. Section 552a (the Privacy Act), but that has not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept classified in the interest of national defense or foreign policy. (Systems that are not national security systems, but contain sensitive information, are to be protected in accordance with the requirements of the Computer Security Act of 1987 (P. L. 100235). )
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Regulations that cover a range of topics from procedures to be used within a federal agency to immigration policies that will be used to enforce the laws passed by Congress. Administrative law is published in the Code of Federal Regulations (CFR).
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