Definition
The Health Insurance Portability and Accountability Act (HIPAA) and its Privacy Rule set standards for protecting sensitive patient data. This is accomplished by creating standards for the electronic exchange, privacy, and security of patient information by individuals working in the healthcare sector.
How HIPAA Laws and the Privacy Rule Work
The privacy and security rules of HIPAA have been in place since 1996 to protect your health data. As technology has evolved and access to information has become easier, numerous changes have been made to the original regulation. All of these regulations are intended to help keep your personal details secure.
With the frequent exchange of information between doctors, health insurance companies, and other parties in the healthcare field, HIPAA focuses on streamlining processes. It regulates the healthcare system and ensures data security. The law also aims to reduce healthcare fraud and improve data systems.
Some healthcare providers have taken steps to secure data. For example, they may control access to offices that contain medical records using keycard systems. They may also limit staff access to the minimum necessary health data needed to perform a task. Many medical groups and insurance companies also use specialized services to secure electronic transactions.
Here is one example of HIPAA in action: When a patient visits a doctor, they are usually asked to sign a privacy form, which is a HIPAA notice. The notice explains that the patient’s consent is required before sharing their health information. This applies even when the doctor is speaking with a spouse or close family member.
HIPAA privacy laws provide certain exceptions. In some instances, your doctor or health insurance company may not be required to strictly adhere to the rules. This may be the case, for example, if the patient is unable to make their own decisions, or when there is a serious threat to health or safety.
Types of HIPAA Privacy Rules
Under HIPAA, there are four rules that healthcare providers must comply with:
– HIPAA Privacy Rule: Protects the type of data that is exchanged
– HIPAA Security Rule: Protects the security of databases
– HIPAA Enforcement Rule: Explains how the rule is implemented and pertains to penalties and processes
– HIPAA Breach Notification Rule: Requires healthcare providers to notify individuals when a breach of protected health information occurs
What Does HIPAA and the Privacy Rule Cover?
HIPAA protects your protected health information, or “PHI,” which includes any data that can be transmitted or retained that contains individually identifiable health information.
Individually identifiable health information is data that can be used to identify the patient. For example, details such as name, address, date of birth, or social security number. It also includes any information regarding the patient’s physical or mental health, the healthcare provided, or payment details. This data is protected under the HIPAA Privacy Rule.
Who Does HIPAA and the Privacy Rules Apply To?
There are standards that health insurance plans, healthcare clearinghouses, healthcare providers transmitting health information, and other healthcare entities must adhere to. However, there are also companies that are not required to follow these rules. Here are some examples:
– Direct-to-Consumer Genetic Testing Companies (DTC)
– Mobile applications used for health and fitness purposes
– Practitioners of alternative medicine
– Government agencies, such as Child Protective Services
– Law enforcement agencies
– Life insurance companies
– Schools
– Your employer
Sources:
– U.S. Department of Health & Human Services. “Notice of Privacy Practices.” Accessed Dec. 19, 2021.
Source:
https://www.thebalancemoney.com/hipaa-law-and-medical-privacy-2645657
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