The Health Insurance Portability and Accountability Act (HIPAA) is a federal law that was enacted in 1996 to protect the privacy and security of personal health information (PHI). The law applies to healthcare providers, health plans, and healthcare clearinghouses, as well as to their business associates who handle PHI on their behalf.
HIPAA includes several provisions to protect the privacy and security of PHI, including:
Privacy rule: The HIPAA Privacy Rule sets standards for how healthcare providers, health plans, and other covered entities must protect the privacy of individuals’ PHI. This includes restrictions on how PHI can be used and disclosed, as well as requirements for obtaining individuals’ consent for certain uses and disclosures.
Security rule: The HIPAA Security Rule sets standards for how covered entities must protect the confidentiality, integrity, and availability of electronic PHI. This includes requirements for physical, administrative, and technical safeguards to protect PHI from unauthorized access, use, or disclosure.
Breach notification rule: The HIPAA Breach Notification Rule requires covered entities to notify individuals and the Department of Health and Human Services (HHS) in the event of a breach of unsecured PHI.
Enforcement: The HHS Office for Civil Rights (OCR) is responsible for enforcing HIPAA’s privacy, security, and breach notification rules. Covered entities that violate HIPAA can face significant penalties, including fines and loss of their ability to participate in federal healthcare programs.
HIPAA’s protections for PHI are important because they help to safeguard individuals’ sensitive health information and prevent it from being disclosed or used inappropriately. By establishing strict standards for how PHI must be protected, HIPAA helps to ensure that individuals can trust that their health information will be kept confidential and secure.
