HIPAA Explained: Purpose, Compliance, Key Aspects and FAQs
In healthcare, ensuring the privacy and security of sensitive patient information is paramount.
The Health Insurance Portability and Accountability Act (HIPAA) was enacted in 1996 to reform healthcare and improve the privacy and security of patient health information. This article will explore the critical concepts of HIPAA and how it works.
What is the primary purpose of HIPAA?
HIPAA primarily aims to safeguard patient privacy and enhance the portability and continuity of health insurance coverage.
It is one of the examples of information security compliance that establishes national standards for electronic healthcare transactions and requires the protection and confidential handling of Patient Health Information (PHI).
This is to say that HIPAA gives people, particularly patients, more control over their health records and helps businesses understand better ways to protect this data.
Related: PCI DSS Explained: Purpose, Compliance, Requirements and FAQs
Why is it essential to comply with HIPAA?
Compliance with HIPAA is crucial for maintaining patient trust, avoiding legal repercussions, and ensuring the secure exchange of healthcare information.
Under Section 1172, health plan providers, health care providers, health care clearinghouses, and all businesses providing related services are required to comply with the Act.
Additionally, HIPAA serves as an information security access control measure for professionals or businesses needing access to patient’s health information.
How to Comply With HIPAA
To comply with HIPAA, businesses are required to do two things;
1. Ensure their Privacy Policy aligns with HIPAA standards
The Privacy Policy informs the public how your business handles personal data, particularly healthcare records. Here are some critical sections in a HIPAA Privacy Policy;
Introductory Clause
This describes what the document is all about in the first place and what rights people have over their information.
Individual Rights
In this section, you will mention each person’s health information rights and how they can exercise them.
Use of Patient Data
Explain how your business uses their data so they know the limits to which you can go.
Patent Data Disclosure
This section lets the public know whom you or your business share their personal information with and when they can restrict this data sharing.
Special Situations
As the name implies, there might be exceptional cases when you might be required to share a client’s patient data without their permission, e.g. to comply with a legal obligation. The condition for this to happen must be clearly stated.
Contact details
It is essential to make it easy for patients to contact your business, it is therefore very necessary to leave contact information.
Patient and User Complaints
The Privacy Policy should allow patients or users to file complaints when or if they believe their HIPAA rights have been violated.
2. Create actionable plans that ensure HIPAA compliance.
To design and implement a HIPAA compliance program, businesses should look into;
Disclosure Mitigation
Develop policies in line with the “minimum necessary” principle that limits the sharing and use of health records, even to staff and employees.
Data Security
Develop policies that ensure all health records, at rest or in transit, are appropriately safeguarded. Businesses can use recommended cybersecurity tools to provide proper physical and logical access control measures.
Employee Training
Businesses should train all employees to increase information security awareness and handling of sensitive health data.
Risk Assessments
To stay in compliance with HIPAA, businesses should perform regular risk assessments and infrastructural auditing to address vulnerabilities.
Consequences for Non-Compliance with HIPAA
Businesses that fail to comply with the HIPAA can attract penalties, including;
- Paying a fine, and
- Attracting a “Corrective Action Plan” Punishment.
Non-compliance with HIPAA can also constitute a criminal offense. To reduce this risk, related businesses must comply with the Act.
What are the Key Aspects of HIPAA?
Privacy Rule
This rule focuses on safeguarding privacy in electronic healthcare transactions. It establishes national standards for the protection of specific health information.
Security Rule
This rule sets national standards for maintaining the confidentiality, integrity, and availability of electronic protected health information (ePHI).
Breach Notification Rule
This rule requires covered entities to notify affected individuals, the Secretary of Health and Human Services, and, in some cases, the media after a breach of unsecured PHI.
Enforcement Rule
This rule establishes procedures for investigations, hearings, and civil money penalties in cases of HIPAA violations.
Omnibus Rule
Modified the HIPAA Privacy, Security, and Enforcement Rules to implement statutory amendments under the Health Information Technology for Economic and Clinical Health (HITECH) Act.
Conclusion
HIPAA stands as a crucial law guiding how businesses handle healthcare information. Its goal is to empower individuals with greater control over their private health data while setting clear standards for businesses in processing or collecting this information.
Familiarizing yourself with the fundamental principles of HIPAA ensures your business aligns with the Act’s requirements.
HIPAA Frequently Asked Questions
TPO, which stands for Treatment, Payment, and Operations, is a vital concept within the framework of HIPAA. It covers the approved uses and disclosures of Protected Health Information (PHI) for these specific purposes.
Being TPO compliant means following the rules and regulations set by HIPAA regarding using and sharing Protected Health Information (PHI) for treatment, payment, and healthcare operations.
What are the requirements for the HIPAA Security Rule?
The Security Rule requires protective measures to guarantee the confidentiality, integrity, and accessibility of electronic Protected Health Information (ePHI). It incorporates customized administrative, physical, and technical safeguards for specific organizations.
Which piece of patient information is most likely to be considered PHI?
Any health information identifying an individual, whether from the past, present, or future, is considered Protected Health Information (PHI) under HIPAA.
What is the purpose of the minimum requirement?
The minimum requirement ensures that only the least amount of Protected Health Information (PHI) needed for a specific purpose is shared or utilized.
Is HIPAA a Canadian law?
HIPAA is a law in the United States. In Canada, the Personal Information Protection and Electronic Documents Act (PIPEDA) governs the use of personal information in the private sector.