Medical Data:

Its Only Sensitive

If It Hurts When You Touch It
Daniel Masys, M.D.
Director of Biomedical Informatics
UCSD School of Medicine
Professor of Medicine
[email protected]
PORTIA Sensitive Data Workshop

Topics
A brief history of confidentiality and
information security in healthcare:
Hippocrates to HIPAA
Security vulnerabilities in healthcare
settings
Why is this so hard to do?
Models for medical information access

What I may see or hear

in the course of treatment
or even outside of the treatment
in regard to the life of men,
which on no account one must spread
abroad, I will keep to myself
holding such things
shameful to be spoken about.
- Hippocrates

Professional Ethics
AMA Principles of Medical Ethics (sect.
4, 1920 edition): A physician shall

respect the rights of patients, and

shall safeguard patient confidences
within the constraints of the law

Many state medical boards incorporated

professional society ethics codes into
medical practice acts

Legal Context
Right to control ones bodily integrity
Right to control ones interpersonal
relationships
Utility or instrumental value is trust
between patient and physician.

HIPAA Rules

(Health Insurance Portability and Accountability Act of 1996)

1996 Health Privacy Legislation with 1999

Congressional action deadline
Congress failed to enact legislation
Secretary of HHS required to issue regulations for
medical data privacy and security
Covered entities compliance with Privacy Rule
effective April, 2003, small health plans by April
2004
Compliance with HIPAA Security Rule for
electronic systems containing Protected Health
Information (PHI) required April, 2005

HIPAA, not HIPPA :-)

Misspelling is not a violation of the Rule

Director, US Office of Civil Rights
Speaking at UCSD, 2/5/03

HIPAA Definitions
Health information means any information,
whether oral or recorded in any form or
medium, that:
1) Is created or received by a health care
provider, and;
2) Relates to past, present, or future physical
or mental health or condition of an
individualor provision of health care..or
payment for provision of health care.

HIPAA definitions
Covered entity - organization responsible for
HIPAA compliance.
Protected Health Information (PHI) information generated in the course of
providing healthcare that can be uniquely
linked to them
Information use = use within organization
Information disclosure = release outside of
organization

Overview of effects of
HIPAA Privacy Rule
Gives individuals the right to:
A written notice of information practices from
health plans and providers
Inspect and copy their Protected Health Info
Obtain a record of disclosures
Request amendments to their medical records
Have reasonable requests for confidential
communications accommodated
Request restrictions on uses and disclosures
Complain about violations to the covered entity
and to HHS

Overview of effects of
HIPAA Privacy Rule
Requires covered entities to:
Make a good faith effort to get signed acknowledgement of
information practices related to Protected Health Information (PHI)
used in treatment, payment and operations (TPO)
Obtain authorization for special additional uses of PHI
Designate a privacy official
Develop policies and procedures (including receiving complaints)
Provide privacy training to their workforce
Develop a system of sanctions for employees who violate the
entitys policies
Meet documentation requirements
Implement appropriate administrative, technical, & physical
safeguards to protect privacy

The spiritof HIPAA

Protected Health Information (PHI = person
identifiable) must be managed with the
same attention to consent for use, access
control, and documentation of actions
performed as are currently applied to
physical objects such as tissue.
Access to PHI is based on the general
principle of need to know and minimum
necessary rather than professional role

HIPAA Round 2:
the Security Rule

Overview
Affects HIPAA Covered Entities that
maintain Protected Health Information
(PHI) in electronic form
Directs CEs to develop, implement,
maintain, and document security
measures, and keep them current.

Security Rule: Basic Concepts

Scalable: burden relative to size and
complexity of healthcare organization
Not linked to specific technologies, and
anticipates future changes in technology
Unlike Privacy Rule, affects only electronic
information
Applies security principles well established
in other industries

HIPAA Security Rule

Functional areas
Information Availability
Protection against unauthorized:
Access
Alteration
Deletion
Transmission

Monitoring (audit trails)

Covered entities are required to:

Assess potential risks and vulnerabilities
Protect against threats to information
security or integrity, and against
unauthorized use or disclosure
Implement and maintain security
measures that are appropriate to their
needs, capabilities and circumstances
Ensure compliance with these
safeguards by all staff

Security Vulnerabilities in
Healthcare Settings
Unintentional disclosures
Well-intentioned but inappropriate
employee behavior
Disgruntled employees
Self-insured employers
? Competitors
VIP patients
Hackers
Data mining

Data mining as confidentiality

threat
Ethnicity

Name

Visit date

Address

Diagnosis

ZIP

Procedure

Birth
date

Medication

Sex

Total charge
Anonymous

Medicare Data

Date
registered
Party
affiliation

Date last
voted
Voter List
Latanya Sweeney, MIT, 1997

Uniqueness in Cambridge
voters
Birth date alone
Birth date & gender
Birth date & 5-digit ZIP
Birth date & full postal code

12%
29%
69%
97%

Birth date includes month, day and year.

Total 54,805 voters.

Information Security Elements

Availability - when and where needed
Authentication -a person or system is who they
purport to be (preceded by Identification)
Access Control - only authorized persons, for
authorized uses
Confidentiality - no unauthorized information
disclosure
Integrity - Information content not alterable except
under authorized circumstances
Attribution/non-repudiation - actions taken are
reliably traceable

Why is this so hard in

healthcare contexts?
1. The nature of biomedical data

The nature of biomedical data

Variable levels of sensitivity; sensitive is in the
eye of multiple beholders, and highly contextdependent
No bright line between person-identifiable and
anonymous data
So inherently rich in attributes that re-identification
potential never reaches zero

Genome as Future Diary: An individuals

medical data may have implications for other
family members who have much different
values and preferences, and for future
generations

Why is this so hard?

1. The nature of biomedical data
2. Complex interpersonal and organizational
roles with respect to data

Complex roles: entities with justifiable

(and variable) rights to medical data
First order role definitions:
Provider, Patient, Payer, Society

Second order:
Providers: primary vs. consultant provider,
ancillary support staff
Patient: self, family, legally authorized reps
Payer: billing staff and subcontractors,
clearinghouses, insurers
Society: public health agencies, state medical
boards, law enforcement agencies

Complex roles: entities with justifiable

(and variable) rights to medical data
Third order:
Providers: internal and external QA entities
(peer review, JCAHO), sponsors of clinical
research
Patient: community support groups, personal
friends
Payers: fraud detection (Medical Information
Bureau), business consultants
Society: national security, bioterrorism
detection

Healthcare Information
Access Roles

Community
Support

Internal QA
External
accreditation
orgs

Primary care

Friends

Legally Authorized
Reps

Specialists
Ancillaries

Extended
Family

Immediate

Patient Provider

Family

Admin.

Clinical
Trials
Sponsors

Staff
Claims
Processors

Fraud
Detection Subcontractors

Payer

Public Health

Society

State Licensure

Clearinghouses
Medical
Information
Bureau

Insurers

Business
Consultants

Law
Enforcement

Boards National
Security

Bioterrorism
Detection

Why is this so hard?

1. The nature of biomedical data
2. Complex interpersonal and organizational
roles with respect to data
3. Patients who wish to exercise control
over access to their data seldom
understand the implications of their
decisions

Why is this so hard?

1. The nature of biomedical data
2. Complex interpersonal and organizational
roles with respect to data
3. Patients who wish to exercise control
over access to their data seldom
understand the implications of their
decisions
4. Personal preferences regarding data
access change, sometimes suddenly

Why is this so hard?

1. The nature of biomedical data
2. Complex interpersonal and organizational roles
with respect to data
3. Patients who wish to exercise control over
access to their data seldom understand the
implications of their decisions
4. Personal preferences regarding data access
change, sometimes suddenly
5. Privacy Fundamentalism irrational political
forces (Nothing about me without me) block
efficient systems approaches

Why is this so hard?

1. The nature of biomedical data
2. Complex interpersonal and organizational roles
with respect to data
3. Patients who wish to exercise control over
access to their data seldom understand the
implications of their decisions
4. Personal preferences regarding data access
change, sometimes suddenly
5. Privacy Fundamentalism irrational political
forces (Nothing about me without me) block
efficient systems approaches
6. Differing perceptions of risk and benefit

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Patient-Centered Access to
Secure Systems Online
A National Library of Medicine
Telemedicine Research Contract
Dixie Baker, Ph.D.
Chief Scientist
Center for Information Security Technology
Science Applications International Corp.
Daniel R. Masys, M.D.
Director of Biomedical Informatics
University of California, San Diego

Patient-Centered Access to Secure

Systems Online (PCASSO)
Design Goals
To enable secure use of the Internet to access
sensitive patient information
To enable providers AND patients to view medical
data online
To develop a published, verifiable high-assurance
architecture
Not proprietary
No black box or trade secret security

PCASSO functions
Protect healthcare information at multiple levels of
sensitivity
Authorize user actions based on familiar healthcare
roles
End-to-end user accountability
Empower consumers to access their own medical
records
Patient viewable audit trails
Automated e-mail notification of records changes
Security protection extended to user PC

PCASSO users
218 physicians enrolled (started January,
1999)
53 patients enrolled as of 9/30/99 (started
June, 1999)
Enrollment criteria:

Age 18 or older
Receive health care from UCSD
One or more visits in past 6 months
Primary care physician co-signs consent

Differing user perceptions

of
multi-step login security
Providers

Patients

Very
Reasonable

77%

Reasonable

25%

16%

Unreasonable

41%

Intolerable

33%

Two-tailed P < 0.001 by Mann Whitney

Patient Comments on PCASSO

Love this program and really is super easy to use
I was at the lab this morning and some results are posted
alreadyvery impressed
Thank you for this peek into our own medical records.
So often patients seem to feel at the mercy of the HMOs
and at least this may alieviate <sic> some of that
distrust.
As one who has always been involved in my health care
decisions, I value that I have access to this information.
Great system, I find it very user friendly and feel very
confident that my privacy is maintained at all times

Provider Comments on PCASSO

The Kremlin is easier to get into.
I signed on once, and have suffered enough.
Unfortunately its so cumbersome to use that it is
virtually useless.
security is too tightI will keep on using my cable
modem and PC Anywhere to get into my office
computer and then access labs that way.
It would be wonderful when patients call me in the
evenings & weekends to be able to punch up their info
on my home pc and have instant access to their lab
results, X-rays, medications, etc.
...Its incredibly handy to have this stuff available on
the Internet. Nice work.

Desiderata for electronic consent

in healthcare
E. Coiera et. al., J. Am Med Informatics Assoc, 2004

1. Permits access to health data by

checking that patient consent exists
for the information requests, using
methods that check for explicit,
inferred or implied consent
2. Should allow access to patient
information to those who have been
explicitly permitted by a patient

Desiderata for electronic consent

in healthcare, contd
E. Coiera et. al., J. Am Med Informatics Assoc, 2004

3. Should never allow access to patient

information by those explicitly denied
access by the patient
4. Should allow access to patient
information to individuals determined to
have inferred or implied consent based
on their clinical roles, responsibilities, or
clinical circumstance

Desiderata for electronic consent

in healthcare, contd
E. Coiera et. al., J. Am Med Informatics Assoc, 2004

5. Does not endanger patient safety by

denying access to information by
clinically approved individuals when
consent is indeterminant
6. Does not impede clinical work by
clinically approved individuals, when
consent is indeterminant

Desiderata for electronic consent

in healthcare, contd
E. Coiera et. al., J. Am Med Informatics Assoc, 2004

7. Has security safeguards to prevent

access by circumventing consent
checking mechanism
8. Minimizes the number of requests made
to clinicians and patients to avoid
disruption of clinical care or the private
lives of individuals

Desiderata for electronic consent

in healthcare, contd
E. Coiera et. al., J. Am Med Informatics Assoc, 2004

9. Does not require expensive or

burdensome infrastructure
Author Observation: criteria are in conflict
with one another, and no single model
performs well against all 9 criteria

Models for e-consent

E. Coiera et. al., J. Am Med Informatics Assoc, 2004

1. General consent = opt in. Patient

accepts all provider policies (Notices of
Information Practices). Most common
current model.
2. General consent with specific denial.
Patient accepts provider policies but
denies consent for a) particular
information or b) particular parties
access or c) disclosure for particular
purposes

Models for e-consent

E. Coiera et. al., J. Am Med Informatics Assoc, 2004

3. General denial with specific consent =

Paitent denies all access except for
consent for a) particular information or
b) particular parties access or c)
disclosure for particular purposes
4. General denial = opt out. Each new
episode of care requires explicit
consent. (Likely scenarios for opt out:
psychiatric care, drug rehab, sexually
transmitted disease treatment).

Implementation:
e-Consent objects
Rights management wrappers associated
with clinical information that record the
assertion:
Access to (information)
by an (entity)
for a (purpose)
in a (context)
is {consented to | denied }
Could attach to specific facts, episodes of
care, or complete medical record

Putting Health Information Security

into Perspective
The current fervor related to health
information security is sometimes marked
by irrational exuberance
Data available to date suggests that
breaches of confidentiality in healthcare
usually cause either no apparent harm or
some personal psychological harm, while
inaccessibility of healthcare data causes
preventable medical errors, up to and
including death

Kohn L, et al. Committee on

Quality of Health Care in
America.
To Err is Human: Building a
Safer Health System.
Institute of Medicine, Dec 1999

Medical Errors
Between 44,000-98,000 preventable deaths
each year in hospitals
Injury rates from 2.9% (general med-surg) to
46% (ICU settings)
7th leading cause of death in US
Likely underestimates due to:
Injury thresholds for reporting
Errors had to be documented in clinical
record

Medical Errors
Majority of errors do not result from individual
recklessness, but from flaws in health system
organization (or lack of organization).
Failures of information management are common:

illegible writing in medical records

lack of integration of clinical information
systems
inaccessibility of records
lack of automated allergy and drug
interaction checking

Information Security Elements

Availability - when and where needed
Authentication -a person or system is who they
purport to be
Access Control - only authorized persons, for
authorized uses
Confidentiality - no unauthorized information
disclosure
Integrity - Information content not alterable except
under authorized circumstances
Attribution/non-repudiation - actions taken are
reliably traceable

Putting Health Information Security

into Perspective
If keeping the bad guys out causes even a single
additional death due to inaccessibility of
information to authorized providers, we have
failed to achieve a proper perspective on health
information security
From HIPAA back to Hippocrates: Primum non
nocere - first do no harm