Are you working on a website that needs to be HIPAA-Compliant? What is it? What do you need to be compliant? In this article, you’ll learn all this, as well as how to create a HIPAA-compliant form in WordPress.
What is HIPAA?
HIPAA stands for the Health Insurance Portability and Accountability Act of 1996. It's a federal law in the United States that sets the national standard for protecting sensitive patient health information (PHI).
What is Protected Health Information (PHI)?
This includes any information that can be used to identify an individual and relates to their past, present, or future physical or mental health condition, the provision of healthcare to them, or the payment for that healthcare. Examples include:
Names
Birthdates
Social Security Numbers
Addresses
Phone numbers
Email addresses
Medical diagnoses
Treatment information
Prescription records
Insurance information
Who Does HIPAA Apply To?
HIPAA applies to healthcare providers, health plans, and healthcare clearinghouses. This further includes:
Healthcare providers include doctors, hospitals, dentists, clinics, and more.
Health plans include health insurance companies.
Healthcare clearinghouses process or facilitate the processing of healthcare information between two or more entities.
Key HIPAA Rules
A few key rules surrounding HIPAA are:
Privacy Rule
Security Rule
Breach Notification Rule
Privacy Rule
This rule gives patients rights regarding their health information and sets limits on how their PHI may be used or disclosed. Patients have the right to:
Access their medical records.
Request amendments to their medical records.
Request restrictions on how their PHI is used and disclosed.
Receive an accounting of disclosures of their PHI.
File a complaint if they believe their privacy rights have been violated.
Security Rule
This rule sets standards for safeguarding electronic PHI (ePHI). Covered entities must implement security measures to protect ePHI from unauthorized access, use, disclosure, disruption, modification, or destruction. This includes:
Administrative safeguards (example: policies and procedures, workforce training)
Physical safeguards (example: access controls, device and media controls)
Technical safeguards (example: access controls, audit trails, encryption)
Breach Notification Rule
This rule requires covered entities to notify affected individuals and the Department of Health and Human Services (HHS) in the event of a data breach that involves unsecured PHI.
Why is HIPAA important?
There are 3 main reasons why HIPAA is important:
Patient Privacy
Data Security
Public Trust
Patient Privacy
HIPAA protects patients' sensitive health information, giving them peace of mind and control over their personal data.
Data Security
HIPAA helps ensure that patient data is protected from unauthorized access and cyberattacks, which can have serious consequences for individuals and healthcare organizations.
Public Trust
HIPAA helps maintain public trust in the healthcare system by ensuring that patient information is handled responsibly and securely.
Consequences of HIPAA Violations
There are a couple violations that can occur when not HIPAA compliant or there’s a breach:
Civil penalties: Up to $25,000 per violation, with a maximum of $1.5 million per year for identical violations.
Criminal penalties: Fines of up to $50,000 and imprisonment for up to 10 years for willful neglect or intentional misuse of PHI.
Disclaimer: This information is for general knowledge and informational purposes only and does not constitute legal or professional advice.
