What Rules Were Added to Hipaa to Empower Better Health Data Security

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The Health Insurance Portability and Accountability Act (HIPAA) was enacted in 1996 to protect sensitive patient health information. This law added several rules to ensure better health data security.

One key rule added to HIPAA was the Security Rule, which requires covered entities to implement administrative, technical, and physical safeguards to protect electronic protected health information (ePHI). This includes ensuring the confidentiality, integrity, and availability of ePHI.

The Security Rule also mandates the implementation of a risk management process to identify and mitigate potential security threats. This includes conducting regular risk assessments and developing a risk management plan to address any identified vulnerabilities.

The HIPAA Omnibus Rule, enacted in 2013, added new rules to strengthen health data security.

Security and Safeguards

The HIPAA Security Rule is a subcategory of the HIPAA privacy rule that protects electronic Private Health Information (ePHI) when it's in transit or at rest.

It includes standards that must be adhered to, such as protecting ePHI in systems and ensuring individuals with access to confidential patient information follow the rules.

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The HIPAA Security Rule is relevant to any system or individual that handles confidential patient information.

The HIPAA rule mandates safeguards to ensure the confidentiality, integrity, and security of protected health information, both paper and electronic.

It outlines the circumstances under which protected health information can be used or disclosed without patient authorization.

These safeguards are established under the HIPAA of 1996.

Breach Notification and Compliance

HIPAA requires organizations to report all breaches, regardless of size, to the HHS. This rule is known as the HIPAA Breach Notification Rule.

The Breach Notification Rule draws a distinction between minor and meaningful breaches, with special protocols for disclosure depending on the type of breach. Covered entities remain liable for PHI and must ensure patients are contacted if their personal health information has been compromised.

Breach notification requirements differ depending on the number of patients affected. For breaches affecting 500 or more patients, reporting must be done within 60 days of discovery to the HHS OCR, affected patients, and the media. These large-scale breaches are also publicly displayed on the OCR breach portal.

Smaller breaches, affecting less than 500 patients, must be reported to HHS OCR and affected patients, but within 60 days from the end of the calendar year, on March 1st, in which the breach was discovered.

Privacy Rules and PHI

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The HIPAA Privacy Rule has a compliance date of April 14, 2003, with a one-year extension for certain small plans.

Covered entities, which include health care clearinghouses, employer-sponsored health plans, health insurers, and medical service providers, must regulate the use and disclosure of Protected Health Information (PHI).

PHI is any information that concerns health status, provision of health care, or payment for health care that can be linked to an individual.

There are 18 fields of ePHI that need to be considered, including Name, Diagnosis, Social Security Number, and any part of an individual's medical record or payment history.

Covered entities must disclose PHI to the individual within 30 days upon request.

They must also disclose PHI when required to do so by law, such as reporting suspected child abuse or when presented with a subpoena or when requested by law enforcement.

A covered entity may disclose PHI to facilitate treatment, payment, or health care operations (TPO) without a patient's express written authorization.

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Any other disclosure of PHI requires the covered entity to obtain and store written authorization from the individual for the disclosure.

Covered entities must make a reasonable effort to disclose only the minimum necessary information required to achieve its purpose.

The HIPAA Privacy Rule establishes clear conditions for sharing PHI, including situations vital for patient care, public health safety, and the smooth operation of the healthcare system.

The rule reflects the principle that the minimum amount of PHI required for a particular task should be used or disclosed.

The 'minimum necessary rule' is a key element of the HIPAA privacy rule, which mandates that covered entities must take reasonable steps to limit the use and disclosure of PHI to the minimum necessary to accomplish the intended purpose.

Regulations and Requirements

The HIPAA Omnibus Rule clarifies policies and procedures and amends definitions to cover business associates and their subcontractors.

Business associates must enter into contracts, known as business associate agreements (BAAs), with covered entities or other business associates if they exchange protected health information (PHI) or electronic protected health information (ePHI).

The HIPAA Privacy Rule applies to covered entities and their usage and disclosure of PHI, with the term PHI defined broadly in §160.

Omnibus

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The Omnibus Rule is a significant update to the HIPAA regulations. It clarifies policies and procedures, amends definitions, and increases the scope of HIPAA compliance to cover business associates and their subcontractors.

Business associates must comply with HIPAA rules, and contracts called Business Associate Agreements (BAAs) are required to specify the rules surrounding the exchange of Protected Health Information (PHI) or electronic Protected Health Information (ePHI).

These contracts, or BAAs, are crucial for ensuring that business associates handle sensitive health information responsibly.

Requirements in Depth

The HIPAA Omnibus Rule clarifies policies and procedures for covered entities and business associates.

This rule demands compliance from business associates and specifies the rules surrounding business associate agreements (BAAs). BAAs are contracts that are required between a covered entity and a business associate, or between two business associates because they can exchange PHI or ePHI.

The HIPAA Privacy Rule applies to covered entities and their usage and disclosure of protected health information (PHI). PHI is a broad term defined in §160.

The HIPAA Security Rule is more constrained, pertaining only to electronic PHI.

National Standards and Empowerment

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The HIPAA privacy rule is a national standard that protects individuals' medical records and other personal health information (PHI).

This rule applies to health plans, healthcare clearinghouses, and healthcare providers that conduct certain healthcare transactions electronically.

The rule empowers individuals to take control of their protected health information by giving them rights to access and obtain a copy of their health records.

Patients can also request corrections to their health records and be informed about how their information is used and shared.

National Standard

The HIPAA privacy rule is a national standard created to protect individuals' medical records and other personal health information.

This standard applies to health plans, healthcare clearinghouses, and healthcare providers that conduct certain healthcare transactions electronically.

Empowerment

Having control over your own health information is a fundamental aspect of empowerment. Patients have the right to access and obtain a copy of their health records.

Under the HIPAA privacy rule, patients can request corrections to their health records if they notice any inaccuracies. This ensures that their medical history is accurate and up-to-date.

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Knowing how your information is used and shared is crucial for making informed decisions about your care. The HIPAA privacy rule requires healthcare providers to inform patients about how their information is used and shared.

Empowerment also means having the right to be informed about how your health information is protected.

Frequently Asked Questions

What is the new HIPAA law?

The new HIPAA law, proposed in April 2023, aims to strengthen patient and provider protections by prohibiting the use of protected health information for identification, investigation, or prosecution. This change aims to safeguard sensitive health data and prevent its misuse.

Tommie Larkin

Senior Assigning Editor

Tommie Larkin is a seasoned Assigning Editor with a passion for curating high-quality content. With a keen eye for detail and a knack for spotting emerging trends, Tommie has built a reputation for commissioning insightful articles that captivate readers. Tommie's expertise spans a range of topics, from the cutting-edge world of cryptocurrency to the latest innovations in technology.

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