HIPAA
HIPAA (Health Insurance Portability and Accountability Act) is a US federal law that establishes standards for protecting sensitive patient health information (PHI) from disclosure without consent.
HIPAA is a US federal law enacted in 1996 that provides data privacy and security provisions for safeguarding medical information. It applies to covered entities and their business associates.
HIPAA consists of several key rules: - Privacy Rule: Standards for the protection of PHI - Security Rule: Standards for ePHI (electronic PHI) security - Breach Notification Rule: Requirements for notifying affected individuals - Enforcement Rule: Penalties and procedures for violations
The Security Rule requires three types of safeguards: 1. Administrative Safeguards: Policies, procedures, training 2. Physical Safeguards: Facility access, workstation security 3. Technical Safeguards: Access controls, encryption, audit controls
HIPAA violations can result in penalties ranging from $100 to $50,000 per violation, with annual maximums of $1.5 million.
Why It Matters
HIPAA violations carry severe penalties—up to $1.5 million per year per violation category—and can result in criminal charges. For any organization handling patient health data, HIPAA compliance is not optional. Beyond penalties, a HIPAA breach triggers mandatory notification to affected individuals, HHS, and potentially the media, causing significant reputational damage that can take years to recover from.
Key Points
Applicable Compliance Frameworks
Related Terms
SOC 2 is an auditing framework developed by AICPA that evaluates how service organizations manage customer data based on five Trust Service Criteria.
Encryption at rest protects data stored on disks, databases, or storage systems by converting it to an unreadable format that requires a key to decrypt.
Access control is a security mechanism that regulates who can view or use resources in a computing environment, ensuring only authorized users can access systems and data.
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Frequently Asked Questions
What is a Business Associate Agreement?
A BAA is required when a covered entity shares PHI with a third party. It ensures the business associate will protect PHI appropriately.
Does HIPAA require encryption?
Encryption is "addressable"—strongly recommended but not absolutely required. If you don't encrypt, you must document equivalent protections.
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