Health Insurance Portability and Accountability Act (HIPAA)
Overview
The Health Insurance Portability and Accountability Act (HIPAA), is a federal law enacted on 21 August 1996 that sets national standards for the protection of health information. It ensures that individuals’ medical records and other personal health information are properly protected while allowing the flow of health information needed to provide high-quality healthcare. The law applies to healthcare providers, health plans, and healthcare clearinghouses that conduct transactions electronically, as well as to their business associates. Enacted in 1996, it aims to protect sensitive patient information, ensure health insurance portability, and improve the efficiency of health care delivery. It establishes national standards for electronic health care transactions and ensures data privacy and security provisions for safeguarding medical information. The act also addresses preexisting condition exclusions, promoting coverage availability and renewal across group health plans and health insurance issuers.
HIPAA includes several important rules:
- the HIPAA Privacy Rule, which establishes standards for protecting PHI;
- the HIPAA Security Rule, which sets standards for securing electronic PHI (ePHI); and
- the HIPAA Breach Notification Rule, which requires covered entities to notify affected individuals and HHS in the case of data breaches involving unsecured PHI.
Regulation Summary
Timeline
- 21 August 1996 – HIPAA signed into law.
- 14 April 2003 – Privacy Rule compliance required.
- 20 April 2005 – Security Rule compliance required.
- 23 September 2009 – HITECH Act expands HIPAA and introduces Breach Notification Rule.
What Businesses Are Affected
- Covered Entities: healthcare providers, health plans, and healthcare clearinghouses that transmit health information electronically.
- Business Associates: service providers that access, use, or disclose PHI on behalf of covered entities.
Exemptions
- Employers handling employee health data for HR purposes.
- Organizations working only with de-identified health data that cannot be traced back to an individual.
Responsibilities for Businesses
- Protect PHI in all formats (electronic, paper, oral).
- Use and disclose PHI only as permitted by HIPAA.
- Implement administrative, physical, and technical safeguards.
- Train staff and apply sanctions for non-compliance.
- Maintain documentation of privacy practices for at least six years.
Specific Responsibilities for Website Owners
- If the provider has a website, HIPAA requires them to post their Notice of Privacy Practices (NPP) prominently on it.
- Inform users of how their health data is used and what rights they have.
- Allow users to request corrections to their PHI, with certain limitations.
- Use secure data collection mechanisms (e.g., HTTPS).
- Limit use and disclosure of PHI to the minimum necessary to accomplish the intended purpose.
Additional Requirements
- Authorization required for marketing, research, and certain other non-standard uses of PHI.
- Entities must notify affected individuals in the event of a breach of unsecured PHI.
- Notify HHS and media if the breach affects 500 or more individuals.
- Notifications must be sent without unreasonable delay and no later than 60 days after discovery.
- Covered entities are expected to mitigate harm from breaches to the extent possible.
- Retain all breach-related documentation.
Data Subject Rights
- Right to access and receive copies of health records.
- Right to request amendments to PHI.
- Right to receive a list of disclosures of their information.
- Right to file complaints with the covered entity or HHS without fear of retaliation.
Enforcement
- Enforced by the Department of Health and Human Services (HHS), Office for Civil Rights (OCR).
- Civil penalties range from $100 to $50,000 per violation, capped at $1.5 million per year for identical provisions.
- Criminal penalties for willful misuse include fines up to $250,000 and imprisonment for up to 10 years, depending on the violation.
Questions?
If you would like to learn more, our compliance experts are happy to support you..
Leave us a Message