HIPAA stands for the Health Insurance Portability and Accountability Act of 1996. It is a law that protects the rights and privacy of patients by introducing healthcare standards. Compliance with HIPAA is required by organizations and individuals who handle protected health information (PHI). Following HIPAA’s regulations ensures the confidentiality, integrity, and security of PHI, defending the information from unauthorized access and potential misuse.
Patients do not always feel they need to understand the legislation to receive proper treatment. In fact, patients can get several things wrong about what HIPAA compliance means to their health.
Related: HIPAA compliant email: the definitive guide
First, what is HIPAA?
HIPAA is a law enacted to reform the healthcare industry and reduce fraud related to health transactions. The law applies to covered entities (healthcare providers, health plans, and healthcare clearinghouses) and their business associates. It establishes national standards that protect PHI from being disclosed without a patient’s consent or knowledge.
Navigating HIPAA compliance requires a basic understanding of the Privacy and Security Rules. The Privacy Rule safeguards PHI, ensuring it is handled with confidentiality and integrity. The Security Rule maintains the security of electronic PHI (ePHI). Among these two rules is the Enforcement Rule, which provides standards for enforcing HIPAA and penalizing uncompliant organizations.
The HITECH Act promotes the adoption and meaningful use of technology as it pertains to health information. With HITECH came two additional rules:
HIPAA mandates that organizations comply with its regulations by implementing strong technical, physical, and administrative safeguards. The rules, however, can be complex and confusing for patients who don’t understand what HIPAA does for them.
Related: Understanding and implementing HIPAA rules
Myth #1: HIPAA is only for hospitals and doctors
Many patients believe that HIPAA only applies to healthcare organizations and has nothing to do with them. However, HIPAA was created to protect patients and their rights by enacting regulations that medical professionals must follow. The rights of patients are specifically stated within the rules. The act, for example, explicitly asserts that patients have the right to:
- Access and request their records
- Amend inaccuracies or incomplete information
- Communicate securely with providers
- Receive notices of security practices
- File complaints for violations
HIPAA grants patients these rights to ensure that they have control over their PHI. Understanding the fact that HIPAA is for patients allows individuals to actively participate in their healthcare journeys while getting proper care.
Myth #2: Health organizations can do whatever they want with my records
Not every patient understands that they also have control over who sees their records and when. Patients have the right to request:
- Restrictions on information use
- Accountings of information disclosures
The Privacy Rule requires that patients give written authorization before healthcare organizations may use or disclose PHI. Health professionals must obtain patient consent and let patients object to their information being released or shared. Moreover, patients have the right to revoke it at any time. Ensuring compliance with consent gives patients control over who sees their medical records and why. Consent allows patients to control their private information at all times.
Myth #3: PHI only includes health information
PHI is much more than just a patient’s health information. It includes a patient’s personally identifiable information (PII) along with their health information. PII is any data or information that identifies a specific person such as names, addresses, or any other unique identifying numbers or characteristics. Health information encompasses information about past, present, or future healthcare treatment, diagnosis, or payment.
In other words, PHI includes a wide range of identifiers that can be used to identify an individual. Not understanding personal PHI could mean not understanding what information is accessible. A breach could occur without this knowledge, causing more stress to an already vulnerable population.
See also: FAQs: Protected health information (PHI)
Myth #4: HIPAA won’t protect my data
Patients have little to no trust that their PHI is protected by their healthcare professionals. A Health Gorilla survey established that 95% of patients were concerned about a potential breach of their information. Patients reported that 28% of those surveyed had extreme concerns while 40% had moderate concerns. Between 2009 and 2021, 4,419 healthcare data breaches exposed 314,063,186 records. This statistic demonstrates that a breach could happen to anyone, and there is a need for concern.
Technically, HIPAA compliance isn’t just about keeping a record hidden forever though that is the ultimate goal. For example, encrypted data might be stolen, but given the added layer of security, never exposed or accessed. HIPAA compliance, therefore, is more about using a set of cybersecurity safeguards to block cyberattackers from physically seeing sensitive information at all levels.
How HIPAA compliance improves patient trust
Adhering to HIPAA standards helps providers protect patient privacy, promoting a trusting patient-provider relationship. Strong technical, physical, and administrative safeguards that should be enacted include:
- Comprehensive policies and procedures
- Risk assessments
- Employee training
- Incident response and disaster recovery plans
- Access controls
- Encryption for data in transit and at rest
- Document retention and disposal protocols
- Business associate agreements (BAA) with all business associates
- Regular audits and monitoring systems
Healthcare organizations must give patients clear information about how their data is used, shared, protected, and possibly exposed. Understanding their rights under HIPAA, such as the right to access, amend, and restrict the use of PHI, empowers patients to take control of their health information and work toward their health goals.
Get more information: Can organizations prove HIPAA compliance?
FAQs
Why is HIPAA compliance important?
HIPAA compliance is crucial to protecting patient privacy, securing sensitive health information, avoiding legal penalties, and maintaining trust with patients and stakeholders.
Related: What are the penalties for HIPAA violations?
How does HIPAA compliance impact patient trust?
When providers are HIPAA compliant, they demonstrate a commitment to safeguarding patient privacy, improving trust in the patient-provider relationship.
Can I discuss a patient's case with a colleague without their authorization?
The HIPAA Privacy Rule allows healthcare professionals to discuss patient cases without authorization if it’s for treatment purposes. However, they must employ reasonable safeguards to protect patient privacy, such as using HIPAA compliant email communication.
Kapua Iao
