Security Standards: General Overview
II. General Overview of the Provisions of the Proposed Rule
On August 12, 1998, we published a proposed rule (63 FR 43242)
to establish a minimum standard for security of electronic
health information. We proposed that the standard would require
the safeguarding of all electronic health information by covered
entities. The proposed rule also proposed a standard for
electronic signatures. This final rule adopts only security
standards. All comments concerning the proposed electronic
signature standard, responses to these comments, and a final
rule for electronic signatures will be published at a later
date. A detailed discussion of the provisions of the August 12,
1998 proposed rule can be found at 63 FR 43245 through 43259.
We originally proposed to add part 142, entitled “Administrative
Requirements,” to title 45 of the Code of Federal Regulations
(CFR). It has now been determined that this material will reside in
subchapter C of title 45, consisting of parts 160, 162, and
164. Subpart A of part 160 contains the general provisions
applicable
to all the Administrative Simplification rules; other subparts of part
160 will contain other requirements applicable to all standards. Part
162 contains the standards for transactions and code sets and will
contain the identifier standards. Part 164 contains the standards
relating to privacy and security. Subpart A of part 164 contains
general provisions applicable to part 164; subpart E contains the
privacy standards. Subpart C of part 164, which is adopted in this
final rule, adopts standards for the security of electronic protected
health information.