What Are HIPAA Laws?
The Health Insurance Portability and Accountability Act (HIPAA) of 1996 is a significant piece of federal legislation in the United States that addresses healthcare data and privacy issues. The law has several provisions, split into two main rules: Privacy and Security Rules.
The Privacy Rule, enforced by the Office for Civil Rights, establishes the standards for protecting individually identifiable health information. HIPAA provides patients the right to obtain and correct their health information, and it requires covered entities to disclose only the minimum necessary information needed to accomplish their intended purpose.
The Security Rule establishes standards to protect individuals’ electronic personal health information (ePHI) created, received, used, or maintained by a covered entity. The rule also requires appropriate administrative, physical, and technical safeguards to ensure the confidentiality, integrity, and security of ePHI.
HIPAA regulates three types of organizations, broadly called "covered entities," and their business associates. Here is an in-depth look at these categories:
Health Plans: This category includes insurers providing health insurance, dental insurance, vision insurance, prescription drug insurers, health maintenance organizations (HMOs), Medicare, Medicaid, and the military and veterans' health care programs. It also includes employer-sponsored group health plans unless they have fewer than 50 participants and are self-administered. Health plans are responsible for safeguarding the protected health information (PHI) they collect in their records and must limit who has access to this information.
Health Care Clearinghouses: These entities process nonstandard health information they receive from another entity into a standard format or vice versa. Clearinghouses include billing services, repricing companies, community health management information systems, and value-added networks and switches if these entities perform clearinghouse functions. These entities come into contact with PHI as they process and reformat health information.
Health Care Providers: This encompasses providers who transmit health information electronically concerning transactions for which HHS has adopted standards (like billing and fund transfers). These include doctors, clinics, psychologists, dentists, chiropractors, nursing homes, and pharmacies. These providers must ensure that electronic PHI is secure during transmission and stored in electronic health record systems.
- Business Associates are individuals or entities that perform certain functions or activities that involve the use or disclosure of PHI on behalf of, or provide services to, a covered entity. Examples include a third-party administrator that assists a health plan with claims processing, a CPA firm whose accounting services to a healthcare provider involve access to PHI, an IT contractor providing network security for PHI, or a cloud storage service storing PHI for a covered entity. A covered entity must have a written business associate contract ensuring that the business associates will appropriately safeguard the PHI they receive or create on behalf of the covered entity.
It's important to note that under the HITECH Act, business associates are directly liable for compliance with certain requirements of the HIPAA Rules. Like covered entities, this means they can face civil and criminal penalties for violations, and due to their integral role in healthcare transactions and their access to sensitive patient information, these entities are subject to HIPAA's privacy and security rules to ensure the integrity and confidentiality of PHI. Compliance with HIPAA's regulations ensures the trust of patients and customers, safeguards against potential legal action, and, most importantly, protects the well-being of patients.
The history of HIPAA dates back to the mid-1990s when it was recognized that the healthcare industry needed to be more efficient, which led to increased use of electronic data interchange. HIPAA was initially introduced in Congress to regulate the burgeoning use of electronic medical records and health information exchanges. The laws have been modified several times since their introduction to accommodate the ever-changing landscape of health information technology and data privacy, most notably with the enactment of the HITECH Act in 2009, which bolstered the enforcement of HIPAA rules.
HIPAA is needed because it safeguards the privacy of individual health information while allowing the flow of health information needed to provide and promote high-quality health care. HIPAA ensures that individuals' health information is properly protected while allowing the flow of health information to provide and promote high-quality health care and protect the public's health and well-being.
Training in HIPAA regulations is critical because the legislation is complex, and non-compliance can result in severe penalties. Organizations must ensure their employees understand the law and adhere to its standards. Training is essential to ensure that everyone in the organization understands their responsibilities under the law and to minimize the risk of a breach of protected health information.
WorkTraining.com provides comprehensive legal awareness training to ensure HIPAA laws and regulations compliance. This includes guidance on the principles and provisions of the laws, understanding and managing ePHI, recognizing potential threats to the confidentiality and integrity of ePHI, and navigating the penalties for non-compliance. By leveraging WorkTraining.com’s offerings, organizations can reduce their legal risks and ensure that they take the necessary steps to maintain the privacy and security of their patient's health information.
- Answered by: Andrew David Easler, Esq.
- Published: 07/03/2023
- Updated: 07/03/2023
We are an education company, not a law firm. The information and content we provide is for general informational purposes only and does not constitute legal advice. We make no representations, warranties, or guarantees regarding the accuracy, completeness, or applicability of the content. It is important to always consult with a qualified attorney for specific legal counsel pertaining to your individual circumstances.