What is HIPAA

What is HIPAA

Summary of the HIPAA Privacy Rule

What is HIPAA? In 1996, the U.S. Congress endorsed the Health Insurance Portability and Accountability Act (HIPAA) [1]. The HIPAA Privacy Rule, also known as the Standards for Privacy of Individually Identifiable Health Information, established the first nationally recognized regulations for the use and disclosure of an individual’s health information. The Privacy Rule outlines how covered entities handle Personal Health Information (PHI) [2]. “Covered entities,” as defined by 45 CFR § 160.102 [3] of the Privacy Rule, include:

  • Health plan
  • Healthcare clearinghouse
  • Healthcare provider

Overview of the Privacy Rule

  • Grants patients control over the use of their health information.
  • Sets boundaries for the use and disclosure of health records by covered entities.
  • Establishes national standards that healthcare providers must follow.
  • Limits the use of PHI and reduces the risk of inappropriate disclosure.
  • Enforces strict investigations of compliance issues and imposes civil or criminal penalties for violations of an individual’s PHI privacy, as outlined by the University of California Office of the President – HIPAA Privacy Compliance [4].
  • Allows disclosure of PHI without individual consent for specific healthcare needs, public benefits, and national interests.

HIPAA recognizes the need to balance protecting an individual’s health information with ensuring access to proper healthcare. The Privacy Rule regulates the sharing of PHI to prevent it from becoming a barrier to healthcare access. It permits disclosures under special circumstances where individual authorization is not required by public healthcare authorities, as detailed by Harvard University Health Services – Privacy and Compliance [5].

References

  1. Health Insurance Portability and Accountability Act (HIPAA) – NCBI
  2. Protected Health Information (PHI) – Columbia University
  3. 45 CFR § 160.102 – Legal Information Institute
  4. University of California Office of the President – HIPAA Privacy Compliance
  5. Harvard University Health Services – Privacy and Compliance