One of the more complex set of regulations to understand is HIPAA. This sets requirements for the handling of patient data, especially in regards to security and privacy. If you are hosting a website that deals with health issues, you will have to take this into account. There are three parts to HIPAA that you will need to understand, the Security Rule, the Privacy Rule, and the Enforcement Rule. This article will go over the basics of these rules and how they can be applied to your website.
The Security Rule (Part C)
HIPAA sets requirements for the security of electronic patient data. There are seven areas that this rule covers, including the protection of electronic patient records, the use of encryption to protect data, and access to patient data. To understand this rule in more detail, it is important to consider what exactly patient data is. The rule defines patient data as “any information, whether physical or electronic, that identifies or can be used to identify an individual”.
While there is no specific definition of an electronic patient record, the rule does specify that they are patient records “that are created, maintained, or transmitted by electronic means.” These could include any type of database where a patient’s information is stored, online health records, emails containing medical information, fax transmissions of medical records, or scanned documents containing patient records. A record that is created or transmitted electronically, but which does not rely on electronic protocols to store or transmit information, is still considered a patient record and must still follow the rules set forth in this part.
One of the most important points to consider about the security rule is that it applies to all electronic patient records, whether contained within the organization or transmitted electronically to another company or organization. This includes both personal information and health information. It is important to note that while the security rule deals with the protection of electronic patient records, the privacy rule covers the use and disclosure of any personally identifiable information. If you are unsure of how either of these rules apply to your website, it is essential that you seek advice from an experienced attorney who can clarify the regulations for you.
The Privacy Rule (Part V)
The privacy rule is another set of regulations that deal with the protection of individuals’ personal information, as well as the use and disclosure of that information. This rule applies to any situation where an individual’s personal information is collected, used, or disclosed, whether that information is stored in an electronic or physical format. The main areas that this rule covers include the use of individual identifiers, such as names, social security numbers, or telephone numbers; the gathering of information for marketing purposes; improper disclosure of medical information; and the use and disclosure of genetic information.
One of the most significant changes that HIPAA made to privacy regulations was to expand the situations in which an individual’s personally identifiable information may be disclosed. Before HIPAA, the generally accepted view was that personally identifiable information could only be shared in limited circumstances, such as when necessary for treatment, payment, or health evaluation. However, once HIPAA was passed, all of these situations where an individual’s personal information was previously restricted, they are now allowed to be shared so long as it is in a way that protects the individual’s privacy.
The privacy rule applies to all organizations that receive federal funds. This means that if you are a business that contracts with universities, hospitals, research labs, or other organizations that receive federal funds, you must adhere to the requirements of this rule. It also means that if you receive any type of funding from a government agency, you must adhere to the requirements of this rule. However, if you are a non-profit organization, you do not have to adhere to the privacy rule. You only have to adhere to the security rule. It is important to note that while this article focuses on the two significant rules above, it is also important to understand the enforcement rule. This is the part of HIPAA that gives the Secretary of Health and Human Services the power to enforce the HIPAA regulations. These regulations can be found at 45 CFR part 164 and subpart A (http://www.hhs.gov/ocr/hipaa/about/section1.html).
The Enforcement Rule (Part III)
HIPAA also gave the Secretary of Health and Human Services the power to enforce the security and privacy rules, as well as any other rule or regulation that is within the scope of the HIPAA Act. To give you a better understanding of this part, it is important to know what types of organizations are covered by HIPAA. The rule applies to any organization that is part of the healthcare industry, including healthcare providers (Hospitals, Medical Practice, Medical Centers, etc), healthcare clearinghouses, and healthcare insurance providers (carriers). It also applies to organizations that provide healthcare goods or services (Pharmacies, Laboratories, Clinics, etc), and healthcare information intermediaries (Information Services, Data Processors, etc).
If you are unsure of what any of the above categories mean, it is essential that you consult with an experienced attorney who can help you understand your obligations under HIPAA. A common mistake that businesses make is that they think that because they are not a healthcare provider or covered by insurance, that they are not subject to HIPAA. This could not be more wrong. While it is not necessary for you to be a healthcare provider or carrier to be subject to HIPAA, it is still necessary for you to comply with these regulations. This includes anything that can be used to identify an individual, such as a social security number, medical record number, or birth date. Even if you are a non-profit that provides healthcare services to low-income individuals, if you collect and maintain patient data, you must comply with these rules. This includes any personally identifiable information that you collect about your patients.
An experienced attorney familiar with HIPAA can help determine the most appropriate way for you to comply with these regulations so that your business will not be at risk of legal action. It is also important to note that HIPAA does not just apply to healthcare-related entities. There are certain parts of the rule that pertain to the financial services industry, such as the security rules regarding protection of electronic fund transfers and storage of electronic fund transactions. If you are doing business online and have an eCommerce store, you must also follow the rules set forth in this part.
While this article provides a general overview of HIPAA, it should not be taken as legal advice. Before taking any action, you should consult with an experienced attorney who can advise you on the specifics of your situation. Only an attorney can give you the best advice about what your obligations are under HIPAA and what actions, if any, you should take to comply with these regulations. An attorney who is familiar with HIPAA will also be able to give you advice about what types of safeguards you should put in place so that your organization does not become a victim of a data breach. If you have employees that handle patient data, it is also advisable to have them complete the annual HIPAA compliance training so that they are aware of the regulations and how to properly handle patient data. This article will not cover all regulations within HIPAA, but it will provide you with a general overview of these significant rules so that you can begin to understand how they apply to your situation.