Health Insurance Portability and Accountability Act (HIPAA)

The Health Insurance Portability and Accountability Act (HIPAA) is a United States federal law enacted in 1996 to protect the privacy and security of individuals' health information. HIPAA applies to covered entities, such as healthcare providers, health plans, and healthcare clearinghouses, as well as their business associates who handle or process protected health information (PHI).

‍

HIPAA establishes several rules and standards that organizations must follow to safeguard PHI. The Privacy Rule governs the use and disclosure of PHI, requiring organizations to obtain patient consent for data sharing, provide individuals with access to their health information, and implement safeguards to protect PHI. The Security Rule sets forth administrative, physical, and technical safeguards to ensure the confidentiality, integrity, and availability of electronic PHI (ePHI). The Breach Notification Rule mandates that covered entities and business associates notify affected individuals and the Department of Health and Human Services (HHS) in the event of a breach of unsecured PHI.

‍

Non-compliance with HIPAA can result in significant penalties. The HHS Office for Civil Rights (OCR) enforces HIPAA and has the authority to impose civil monetary penalties based on the severity of the violation. Fines can range from $100 to $50,000 per violation, with an annual maximum for each violation category. In cases of willful neglect, fines can be even higher, reaching up to $1.5 million per violation. Additionally, HIPAA violations can lead to reputational damage, loss of patient trust, and legal consequences.

‍

HIPAA also has implications for global companies that handle PHI of U.S. individuals. Even if a company is located outside the United States, if it handles PHI of U.S. residents, it must comply with HIPAA regulations. This includes implementing appropriate security measures, conducting risk assessments, training staff on HIPAA requirements, and signing business associate agreements when working with covered entities. Global companies must ensure they have appropriate safeguards in place to protect PHI and comply with HIPAA's privacy and security standards.