HIPAA Overview and Key Requirements

Introduction to HIPAA

HIPAA: Health Insurance Portability and Accountability Act.
Original Purpose: Protect against loss of health insurance due to job change or pre-existing conditions.
Expansion:
- Reduce healthcare transaction costs and administrative burdens.
- Develop standards for privacy and security of personal health information (PHI).

Requires healthcare organizations to ensure patient confidentiality.
Security measures apply to various forms of PHI:
- Verbal, written, digital, and more.
PHI includes:
- Medical records, lab results, images, names, birthdates, SSNs, emails.
Disclosure of PHI requires patient authorization, except:
- Authorized personnel.
- Treatment, payment, or healthcare operations.
- Situations where patient agreement/objection is possible (e.g., bringing another person into the exam room).
Notice of Privacy Practices (NPP):
- Must be provided to patients, detailing PHI uses/disclosures.
- Patients should acknowledge receipt.

Administrative Safeguards:
- Policies and procedures to protect PHI.
- Include use policies, sanction policies, information access policies, security awareness training, and contingency planning.
Technical Safeguards:
- Control access to PHI.
- Use encryption, decryption, and secure data destruction.
Physical Safeguards:
- Protect facility and devices.
- Monitor access and ensure security measures are in place.

HIPAA Security and Privacy Officers:
- Every practice must designate officers to lead HIPAA implementation and training.
Enforcement:
- Office of Civil Rights, Health and Human Services.
- Penalties up to $50,000 per violation; up to $1.5 million per year for willful neglect.

Omnibus Rule (2013):
- Extends HIPAA compliance to business associates (e.g., auditors, IT companies).
- Requires business associate agreements.

Reputation and Penalties:
- Violations damage practice reputation.
- Severe financial penalties.
Culture of Compliance:
- Essential for data security.
- Report suspicious activities immediately.