Understanding Is Hipaa State or Federal Law and Compliance

HIPAA is a federal law that protects the confidentiality, integrity, and availability of protected health information (PHI). HIPAA was enacted in 1996 and is administered by the U.S. Department of Health and Human Services.

The law applies to healthcare providers, health plans, and healthcare clearinghouses, which are known as covered entities. These entities must comply with HIPAA regulations to protect PHI. HIPAA also applies to business associates of covered entities, such as software vendors and consultants.

HIPAA has several key components, including the Privacy Rule, the Security Rule, and the Breach Notification Rule.

HIPAA is a federal law that protects patient privacy and security, but it doesn't stand alone. There are other federal and state laws that require patient consent before disclosing health information.

HIPAA overrides less protective laws, but leaves in effect laws that offer greater protection. This means that health care providers and implementers must follow other applicable federal and state laws that require patient consent.

HIPAA protects sensitive patient information, also known as protected health information (PHI). PHI includes 18 identifiers, such as name, address, birth date, and Social Security number.

The HIPAA Privacy Rule protects patient privacy, while the HIPAA Security Rule focuses on protecting patient information from malicious attacks and theft. Both rules apply to registries that share PHI with researchers.

If you're planning to share PHI from your registry, you need to follow HIPAA. This will help protect the information in your registry from hackers and unauthorized access.

FDA regulations protect research participants' privacy and confidentiality, and apply to registries that collect information for research involving FDA-regulated food or drugs. These regulations are outlined in 21 CFR.

FISMA protects federal data, including information associated with National Institutes of Health grants and contracts. If your registry has funding from the federal government, FISMA applies to you.

In some states, like Florida, there are laws that provide greater protection to patients than HIPAA. For example, the Florida Department of Health must comply with the HIPAA Privacy Rule and state laws that offer greater protection.

Here's a comparison of HIPAA rules that protect patient privacy and security:

HIPAA is a federal law that protects patient privacy and requires healthcare providers to keep patient information confidential.

The Privacy Rule, a key component of HIPAA, prohibits the use and disclosure of protected health information (PHI) without written permission from the patient.

Patient's rights under HIPAA include the right to access their medical and billing records, request amendments to those records, and obtain an accounting of disclosure of protected health information.

A patient's authorization to disclose is not required for treatment, payment, or healthcare operations, but is required for other purposes.

The Notice of Privacy Practices explains to patients the ways DOH is allowed to use a patient's protected health information and lists the rights patients have with respect to their health information.

A patient's authorization to disclose is a written document signed by the patient giving permission for a healthcare provider to disclose PHI to specified individuals and/or entities.

Here are the purposes that do not require a patient's authorization to disclose:

The Health Insurance Portability and Accountability Act (HIPAA) was passed in 1996 to streamline the process of exchanging information and making health information more accessible to patients. HIPAA created a federal standard for protecting the privacy of health information.

The HIPAA Privacy Rule went into effect in April 2003 and requires the Department of Health (DOH) to comply with Florida laws that provide greater protection to patients. This rule prohibits the use or disclosure of protected health information (PHI) without written authorization from the patient.

Protected health information includes any health information created or received by a healthcare provider that identifies an individual and relates to their physical or mental health condition. This includes information in any form or medium, from a paper medical record to a conversation between colleagues.

The Notice of Privacy Practices explains to patients the ways DOH is allowed to use their protected health information and lists the rights patients have with respect to their health information. This notice is required by law and must be provided to patients at the time of treatment.

Certain disclosure of PHI may be made by a healthcare provider without patient authorization to accomplish public health activities and other permitted uses as set forth in the Privacy Rule. However, patients have the right to request an accounting of disclosures of their PHI.

Here is a summary of the HIPAA rules that protect the privacy and security of PHI:

Note: This table is based on the information provided in Example 4 of the article section facts.

If you have questions about HIPAA or concerns about your patient rights, there are several resources available to you. You can contact the Department of Health and Human Services, Office of Civil Rights at 202-619-0257 or toll-free at 877-696-6775.

Some common questions that should be directed to this office include: What is HIPAA and what are my rights? How do I file a HIPAA complaint against my healthcare provider? What do I do if my doctor won't give me my medical records? If I am a healthcare provider, how do I comply with HIPAA?

If you believe your privacy rights have been violated by a Department of Health employee, you can file a complaint with the Department of Health's Inspector General. This can be done in writing, and must describe the acts or omissions that you believe violate your privacy rights. The complaint must be filed within 180 days of when you knew or should have known that the act or omission occurred.

You can also file a complaint with the Secretary of the U.S. Department of Health and Human Services. This can be done by mail to 200 Independence Avenue, S.W., Washington, D.C. 20201, or by phone at 202-619-0257 or toll-free at 877-696-6775.

Here are some key details about filing a complaint: