What should you demand of any vendor on HIPAA?
Three HIPAA obligations bear directly on which vendor you pick, rather than on how you operate once the system is in. Each one is answerable in writing before you sign, and a vendor who will not answer them in writing has told you something.
HIPAA bears on vendor selection through three specific obligations rather than a general commitment to privacy. All three belong in an RFP.
Will the vendor sign a business associate agreement?
A covered entity may let a vendor create, receive, maintain or transmit protected health information only if it obtains satisfactory assurances that the vendor will safeguard it, documented in a written contract. That is 45 CFR 164.502(e). HHS names IT vendors and cloud providers holding electronic PHI as business associates, so a RIS vendor and its host are both in scope.
45 CFR 164.504(e)(2) sets out the required contents. Among other things, the agreement must require the vendor to:
report breaches of unsecured PHI to you;
bind its own subcontractors to the same terms;
return or destroy the PHI it still holds at termination, keeping no copies, where feasible.
That last clause is your exit clause. Read it before you sign rather than when you leave.
What should you ask about the vendor's risk analysis?
The Security Rule makes risk analysis a required implementation specification, not an optional one. It calls for an accurate and thorough assessment of risks to the confidentiality, integrity and availability of electronic PHI, at 45 CFR 164.308(a)(1)(ii)(A). Business associates carry that obligation themselves. Ask when the vendor last completed one, what it covered, and who performed it.
Your own analysis has to cover the new system too. HHS guidance puts all electronic PHI an organization creates, receives, maintains or transmits in scope, so a hosted RIS joins your analysis the day it goes live.
What does the vendor commit to when the system is down?
The contingency plan standard at 45 CFR 164.308(a)(7) requires a data backup plan, a disaster recovery plan and an emergency mode operation plan. Ask for recovery point and recovery time objectives as contract terms, ask when the plan was last tested, and ask what your staff does during an outage.