Understanding the Health Insurance Portability and Accountability Act (HIPAA)
The Health Insurance Portability and Accountability Act (HIPAA) is a crucial legislative act passed by the U.S. Congress in 1996. It brings about essential changes to the Employee Retirement Income Security Act (ERISA) and the Public Health Service Act (PHSA) while safeguarding individuals under health insurance coverage and establishing stringent standards for the protection and confidentiality of personal medical data.
Key Points:
- HIPAA has far-reaching implications for policies, technology, and record-keeping practices in medical facilities, health insurance companies, HMOs, and healthcare billing services.
- Noncompliance with HIPAA regulations is unlawful.
- The enactment of the HITECH Act in 2009 aimed to strengthen HIPAA privacy and security protocols for patients.
Insight on How the Health Insurance Portability and Accountability Act (HIPAA) Operates
HIPAA guarantees accessibility, portability, and renewability of individual health-care plans, establishing precise guidelines for the secure sharing of medical data across the U.S. healthcare system to combat fraudulent activities. It supersedes state laws unless state regulations are more stringent.
Since its inception, HIPAA has evolved to incorporate processes for the secure electronic storage and exchange of patient medical information. Additionally, it includes administrative simplification provisions to elevate operational efficiency and diminish administrative costs by introducing national standards.
The Health Information Technology for Economic and Clinical Health Act (HITECH) of 2009 expanded privacy and security safeguards under HIPAA. Enacted as part of the American Recovery and Reinvestment Act of 2009, the HITECH Act encourages the utilization of health information technology, addressing privacy and security concerns.
The Evolving Landscape of the Health Insurance Portability and Accountability Act (HIPAA)
Recent reports from Bloomberg Law in 2018 have shed light on the increasing privacy risks associated with digital healthcare data and the probable emergence of updated federal laws in the coming years. With the proliferation of fitness-tracking apps and the sharing of personal health data, such as daily step counts, heart rates, and medical information, there are new challenges in maintaining the integrity of personal medical data.
According to Nan Halstead, a health privacy and security attorney at Reed Smith LLP, new legislations are likely to build upon the framework of HIPAA rather than expanding it directly. While no federal laws have been enacted yet, states have the authority to enact laws to bridge any existing gaps. Furthermore, entities tracking consumer data are subject to supervision by regulatory bodies like the U.S. Food and Drug Administration (FDA) and the Federal Trade Commission (FTC).