Understanding HIPAA Compliance
Oct 14, 2024 Julia Nolan Blog | Cyber Security | Compliance Regulations 2 min read
The Health Insurance Portability and Accountability Act (HIPAA) is a significant piece of legislation in the United States, enacted in 1996.
Its primary goal is to improve the healthcare system by ensuring the portability of insurance coverage, protecting the privacy and security of individuals’ health information, and simplifying administrative processes. In this blog, we break down what HIPAA is and why it matters.
What is HIPAA?
HIPAA stands for the Health Insurance Portability and Accountability Act. This federal law was introduced to address several key issues in the healthcare industry:
- Portability of Insurance Coverage: HIPAA ensures that individuals can maintain their health insurance coverage when they change or lose their jobs.
- Privacy and Security of Health Information: It sets standards for protecting sensitive patient information, known as Protected Health Information (PHI) and electronic PHI (ePHI).
- Administrative Simplification: HIPAA aims to streamline healthcare administrative processes, making them more efficient.
Who Needs to Comply with HIPAA?
HIPAA compliance is mandatory for entities involved in the healthcare industry and those that handle PHI. These entities are known as “covered entities” and their business associates. The industries that must be HIPAA compliant include:
- Hospitals
- Healthcare Providers
- Healthcare Clearinghouses
- Telehealth Providers
- Medical Device Manufacturers
- Medical Software Developers
Key HIPAA Compliance Requirements
To ensure the privacy and security of PHI, HIPAA sets forth several requirements that covered entities and their business associates must follow:
- Policies and Procedures: Create and implement policies and procedures to safeguard PHI and ensure patient privacy.
- Security Measures: Enact administrative, physical, and technical measures to protect ePHI. This includes access controls, encryption, and regular risk assessments.
- Employee Training: Train employees on HIPAA policies, procedures, and security practices to ensure awareness and compliance.
- Access Restrictions: Restrict access to facilities and workstations where PHI is accessed or stored to prevent unauthorized access.
- Encryption: Use encryption and other security measures to protect ePHI from unauthorized access or disclosure.
- Risk Assessments: Regularly assess risks to the confidentiality, integrity, and availability of PHI and implement measures to address identified risks.
- Incident Response: Have procedures in place to respond to security incidents and breaches, including notifying affected individuals and regulatory authorities as required.
- Business Associate Agreements: Establish written agreements with business associates to ensure they will appropriately safeguard PHI and comply with HIPAA requirements.
- Record Keeping: Keep records of HIPAA compliance efforts, including policies, procedures, training records, risk assessments, and breach response documentation.
- Periodic Reviews: Periodically review and update HIPAA policies and procedures to reflect changes in technology, regulations, and organizational practices.
Enforcement and Penalties
HIPAA compliance is enforced by the Department of Health and Human Services (HHS) Office for Civil Rights (OCR). Violations of HIPAA can result in significant penalties, including fines and corrective action plans.
Therefore, it’s crucial for covered entities and their business associates to stay vigilant and ensure they meet all HIPAA requirements.
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