
HIPAA (Health Insurance Portability and Accountability Act) and HITECH (Health Information Technology for Economic and Clinical Health) Act are two separate laws that govern the use of electronic health records.
HIPAA is a federal law that protects patient health information, while HITECH is an amendment to HIPAA that focuses on the use of electronic health records.
HITECH increased the penalties for HIPAA violations and required healthcare providers to implement more stringent security measures to protect patient data.
HIPAA focuses on the privacy and security of patient health information, whereas HITECH focuses on the technology used to store and share that information.
Health Information Technology for Health Act
The Health Information Technology for Economic and Clinical Health (HITECH) Act was enacted as part of the American Recovery and Reinvestment Act (ARRA) of 2009. It expands the HIPAA encryption compliance requirement set.
HITECH requires the disclosure of data breaches of "unprotected" (unencrypted) personal health records. This includes breaches by business associates, vendors, and related entities.
The main goal of the HITECH Act was to promote the adoption of Electronic Health Records (EHR) by offering financial incentives for switching from paper to digital documents. This was achieved by strengthening the HIPAA privacy and security rules.
HITECH builds upon HIPAA by promoting the use of EHR. It requires business associates to comply with the HIPAA security rules.
Key Differences
The HITECH Act and HIPAA may seem like similar laws, but they have distinct roles in the U.S. healthcare system. HIPAA was enacted in 1996 to govern the privacy and security of healthcare data, but it was written before the widespread adoption of electronic health record (EHR) systems.
The HITECH Act, on the other hand, was passed in 2009 to update and strengthen the privacy and security provisions of HIPAA. It introduced new incentives for healthcare providers to adopt EHRs, such as financial support for switching from paper records to digital documents. This is a key difference between the two laws.
Here are some key differences between HITECH and HIPAA:
- Primary Focus: HIPAA focuses on privacy and security, while HITECH focuses on promoting the adoption of EHRs.
- Incentives and Penalties: HITECH introduces financial incentives for EHR adoption and increased penalties for breaches, while HIPAA has stricter penalties for unapproved disclosures of patient data.
- Technology Adoption: HITECH promotes the adoption of EHRs, while HIPAA governs the use of EHRs.
- Breach Notification: HITECH introduces the breach notification rule, which requires healthcare providers to notify patients in the event of a breach.
- Enforcement: HITECH strengthens the enforcement of HIPAA's privacy and security rules, requiring business associates to comply with the HIPAA security rules.
HITECH vs. HIPAA
The HITECH Act and HIPAA are two laws that are often mentioned together in the healthcare industry, but they serve different purposes.
The HITECH Act was passed in 2009 to promote the adoption of Electronic Health Records (EHRs) and improve the security and privacy of patient data. It built upon HIPAA by strengthening the privacy and security rules and requiring business associates to comply with the HIPAA security rules.
The HITECH Act introduced the concept of "Meaningful Use", which involves using EHRs effectively to improve patient care. This includes using EHRs to improve medication management, reducing the risk of prescription errors.
The primary focus of the HITECH Act is to promote the adoption of EHRs and other health information technologies, whereas HIPAA is more focused on protecting the privacy and security of patient data.
Here are some key differences between the two laws:
The HITECH Act has had a significant impact on the adoption of EHRs, increasing the adoption rate from 3.2% to 14.2% among healthcare professionals. It has also improved the privacy and security of EHR data by making healthcare organizations, their partners, and service providers accountable for the security and privacy of patient data stored in EHR systems.
Advantages and Disadvantages

The HITECH Act has had a significant impact on the healthcare industry, but like any major change, it has its advantages and disadvantages. The Act increased the adoption rate of electronic health records (EHRs) from 3.2% to 14.2% among healthcare professionals.
One of the main advantages of the HITECH Act is that it improved the privacy and security of EHR data. By making healthcare organizations, their partners, and service providers accountable for the security and privacy of patient data, the Act ensured that sensitive information was protected.
However, the Act also introduced the concept of "meaningful use", which can be a double-edged sword. On one hand, it encourages healthcare providers to share patient information electronically, improving care coordination and patient outcomes. On the other hand, it can lead to information overload and decreased patient engagement.
The HITECH Act's emphasis on patient-centered care is a significant advantage. It encourages healthcare providers to involve patients and their families in the management of their health, leading to better health outcomes and increased patient satisfaction.
Here are the five key concerns that the HITECH Act aimed to address:
- Enhancing healthcare standards while addressing health inequities;
- Including patients' relatives in the management of their health;
- Enhancing the team's ability to coordinate care;
- Improving overall public health;
- Ensuring the security and privacy of patient data.
HIPAA Overview
HIPAA was enacted in 1996 to set standards for the security, privacy, and proper handling of protected health information (PHI) among covered entities and business associates.
HIPAA is a U.S. law that was written to address the handling of PHI before the widespread adoption of electronic health record (EHR) systems.
The law was enacted before the use of EHRs became common, and it was later updated by HITECH in 2009 to make its provisions more applicable to the modern age.
What Are Hipaa?
HIPAA is a U.S. law that sets standards for the security, privacy, and proper handling of protected health information (PHI).
The law applies to covered entities and business associates, including healthcare providers, insurance companies, healthcare clearinghouses, and third parties that handle PHI directly or indirectly.
HIPAA was enacted to ensure that sensitive health information is handled with care, and that individuals have control over their own health data.
The law sets standards for the proper handling of PHI, including its creation, storage, and transmission.
Similarities Between HIPAA
HIPAA is often compared to HITRUST, another security framework in the healthcare industry. Both HIPAA and HITRUST focus on managing security risks in healthcare.
HIPAA sets the rules, while HITRUST outlines how to comply with them. This is a key similarity between the two frameworks.
HITRUST was originally tailored to the healthcare industry. It has since expanded its scope to include other international privacy frameworks.
Both HIPAA and HITRUST are used to demonstrate compliance in the healthcare industry. HITRUST remains a leading security framework for this purpose.
HIPAA Pros and Cons
HIPAA is a complex law, but let's break down its pros and cons.
The main benefit of HIPAA is that it protects patients' sensitive health information from being shared without their consent.
This protection is crucial, as 45 million Americans have their identities stolen each year, and medical records are a prime target for hackers.
HIPAA also sets standards for healthcare providers to securely store and transmit electronic health records (EHRs).

This means that healthcare providers must implement robust security measures, such as encryption, to safeguard patient data.
However, HIPAA can be a burden on small healthcare providers, who may not have the resources to implement the required security measures.
In fact, 75% of healthcare providers report that HIPAA compliance is a significant challenge.
Despite the challenges, HIPAA has been instrumental in reducing medical identity theft.
In 2019, the number of medical identity theft cases decreased by 20% compared to the previous year.
HIPAA also requires healthcare providers to provide patients with access to their medical records, which can be a significant benefit for patients.
This access can help patients stay informed and engaged in their care, leading to better health outcomes.
However, HIPAA's requirements can be complex and time-consuming to implement.
Healthcare providers must invest significant time and resources to ensure compliance, which can divert attention away from patient care.
Does Cover HIPAA?
HIPAA was enacted in 1996, before electronic health records (EHRs) became widely used. HITECH, passed in 2009, was written to update and strengthen HIPAA's provisions to make them more applicable to modern times.
HITECH was intended to address the use of EHRs and associated technologies. This is why you'll often see HIPAA/HITECH written together.
The Health Information Trust Alliance (HITRUST) is a non-profit organization founded in 2007. It developed the HITRUST Common Security Framework (CSF), in collaboration with healthcare, technology, and information security organizations.
The HITRUST CSF includes requirements from multiple compliance frameworks across industries. Organizations can use the CSF to signal compliance with HIPAA and other industry standards.
In short, HITRUST does cover HIPAA.
Frequently Asked Questions
What are three of the major changes to HIPAA brought about by the HITECH Act of 2009?
The HITECH Act of 2009 introduced three key changes to HIPAA: enhanced enforcement and penalties for non-compliance, increased patient rights and access to health information, and stricter security measures to protect sensitive health data. These changes aimed to strengthen patient privacy and security in the digital age.
What is the relationship between HIPAA and technological advances?
HIPAA requires healthcare organizations to implement technological safeguards to protect sensitive patient information, including automatic logouts, unique login credentials, and encryption. By staying up-to-date with technological advances, healthcare organizations can ensure compliance with HIPAA regulations and maintain patient trust.
What are the 4 main rules for HIPAA and HITECH?
The four main rules for HIPAA and HITECH are the Privacy Rule, Security Rule, Unique Identifiers Rule, and Enforcement Rule, which collectively establish standards for protecting patient health information. These rules ensure the confidentiality, integrity, and availability of electronic protected health information (ePHI).
Who enforces HIPAA and HITECH?
The U.S. Department of Health and Human Services' Office for Civil Rights (OCR) enforces HIPAA and HITECH rules. This includes ensuring compliance with the HIPAA Privacy and Security Rules.
Sources
- https://www.talkehr.com/post/relationship-in-hitech-hipaa-and-ehr
- https://cpl.thalesgroup.com/faq/americas-compliance/what-hipaa-hitech
- https://bluegoatcyber.com/blog/what-is-the-hitech-act/
- https://www.strongdm.com/blog/hitrust-vs-hipaa
- https://blog.cloudticity.com/hipaa-vs-hitrust-difference-explained
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