"The Health Insurance Portability and Accountability Act of 1996 (HIPAA or the Kennedy–Kassebaum Act) is a United States Act of Congress enacted by the 104th United States Congress and signed into law by President Bill Clinton on August 21, 1996."
This law ensures the confidentiality of medical records and health information.
HIPAA (Health Insurance Portability and Accountability Act): This is a federal law that protects the privacy of individuals' health information and sets rules and standards for how healthcare providers and insurance companies handle and protect that information.
PHI (Protected Health Information): This term refers to any information that can be used to identify an individual and is related to their health, healthcare services they have received, or healthcare payments they have made.
Consent: Patients must give their consent for healthcare providers or insurance companies to collect, use, or disclose their PHI. There are different types of consent (e.g., implied, express, informed), and different rules apply depending on the circumstance.
Minimum Necessary Rule: The minimum necessary rule requires that healthcare organizations only use or disclose the minimum amount of PHI necessary to accomplish a particular task or purpose.
Breach Notification Rule: If there is a breach of PHI, the healthcare organization must notify affected individuals and the Department of Health and Human Services.
Business Associates: Healthcare providers and insurance companies may hire companies (e.g., billing companies, law firms) to complete various tasks that require access to PHI. These companies are considered "business associates" and must follow HIPAA rules.
Patient Access Rights: Patients have the right to access their PHI, amend their PHI, and receive an accounting of certain disclosures of their PHI.
Telemedicine: Telemedicine is becoming more common, and healthcare providers must ensure that they are still following HIPAA rules and protecting patients' privacy when providing healthcare services remotely.
State Laws: In addition to federal laws like HIPAA, each state may have its own laws related to health privacy that healthcare providers and insurance companies must follow.
Intersection with other laws: Health privacy intersects with other laws, such as those related to mental health, substance abuse, and genetic testing. Healthcare providers and insurance companies must follow all applicable laws when handling PHI.
HIPAA: Health Insurance Portability and Accountability Act, regulates the use and disclosure of Personal Health Information (PHI) by healthcare providers and health plans.
CDC Privacy Act: Centers for Disease Control and Prevention Privacy Act, provides privacy protection for individuals' medical records disclosed to public health authorities, researchers, and law enforcement.
Mental Health Privacy Laws: These laws regulate the sharing of psychotherapy notes, and protect the confidentiality of mental health records.
Substance Abuse Confidentiality Laws: These laws protect the confidentiality of drug and alcohol treatment records, and prohibit the sharing of such records without the patient's permission.
Genetic Privacy Laws: These laws address privacy and confidentiality issues relating to genetic testing and counseling.
Medical Record Retention Laws: These laws set the minimum length of time that health records must be kept, and provide guidelines for destruction of records.
Do Not Resuscitate (DNR) and Advance Directive Laws: These laws provide guidance on end-of-life care and decision-making, including the patient's right to refuse treatment.
Health Information Technology (HIT) Laws: These laws address privacy and security issues relating to electronic health records, health information exchange, telehealth, and mobile health.
Privacy and Security Rules for Clinical Trials: These rules protect the privacy and confidentiality of individuals participating in clinical trials, and ensure the integrity and validity of data.
Health Data Breach Notification Laws: These laws require healthcare providers and business associates to notify patients and regulators of data breaches involving personal health information.
"It modernized the flow of healthcare information, stipulates how personally identifiable information maintained by the healthcare and healthcare insurance industries should be protected from fraud and theft, and addressed some limitations on healthcare insurance coverage."
"It generally prohibits healthcare providers and healthcare businesses, called covered entities, from disclosing protected information to anyone other than a patient and the patient's authorized representatives without their consent."
"With limited exceptions, it does not restrict patients from receiving information about themselves."
"It does not prohibit patients from voluntarily sharing their health information however they choose."
"It does not require confidentiality where a patient discloses medical information to family members, friends, or other individuals not a part of a covered entity."
"The act consists of five titles."
"Title I of HIPAA protects health insurance coverage for workers and their families when they change or lose their jobs."
"Title II of HIPAA, known as the Administrative Simplification (AS) provisions, requires the establishment of national standards for electronic health care transactions and national identifiers for providers, health insurance plans, and employers."
"Title III sets guidelines for pre-tax medical spending accounts."
"Title IV sets guidelines for group health plans."
"Title V governs company-owned life insurance policies."
"It generally prohibits healthcare providers and healthcare businesses, called covered entities, from disclosing protected information to anyone other than a patient and the patient's authorized representatives without their consent."
"Title II of HIPAA, known as the Administrative Simplification (AS) provisions, requires the establishment of national standards for electronic health care transactions and national identifiers for providers, health insurance plans, and employers."
"It modernized the flow of healthcare information, stipulates how personally identifiable information maintained by the healthcare and healthcare insurance industries should be protected from fraud and theft, and addressed some limitations on healthcare insurance coverage."
"It generally prohibits healthcare providers and healthcare businesses, called covered entities, from disclosing protected information to anyone other than a patient and the patient's authorized representatives without their consent."
"It does not prohibit patients from voluntarily sharing their health information however they choose."
"It does not require confidentiality where a patient discloses medical information to family members, friends, or other individuals not a part of a covered entity."
"It modernized the flow of healthcare information..."
"Title I of HIPAA protects health insurance coverage for workers and their families when they change or lose their jobs."