HIPAA
Health Insurance Portability and Accountability Act of 1996 (Privacy, Security, Breach Notification and Enforcement Rules)
HIPAA is the US federal law that protects health information. Its Privacy Rule limits how protected health information (PHI) is used and disclosed, its Security Rule requires administrative, physical and technical safeguards for electronic PHI, and its Breach Notification Rule sets deadlines for telling patients and HHS. It applies to covered entities and to business associates such as software vendors, cloud hosts and IT support firms that handle PHI on their behalf.
Covers, who needs it and key requirements
- What it covers
- Protected health information held or transmitted by covered entities and business associates: permitted uses and disclosures, patient rights, security risk analysis, safeguards for ePHI, business associate agreements and breach notification.
- Who needs it
- Health tech and EHR vendors, telehealth apps, medical billing and transcription providers, cloud and managed service providers, and offshore IT teams that create, receive, maintain or transmit PHI for US healthcare clients.
- Why it matters
- US healthcare clients cannot share PHI without a signed business associate agreement, and OCR fines and corrective action plans apply directly to business associates.
- Applies in
- United States (federal)
- Key requirements
- Sign business associate agreements (BAAs) with covered entities and your own subcontractors
- Perform and document an accurate and thorough security risk analysis
- Administrative safeguards: security officer, workforce training, access management, contingency plan
- Physical safeguards: facility access, workstation and device controls
- Technical safeguards: access control, audit controls, integrity, authentication, transmission security
- Breach notification without unreasonable delay and no later than 60 days after discovery