Health Insurance Portability and Accountability Act (HIPAA)

Health Insurance Portability and Accountability Act (HIPAA)

The Health Insurance Portability and Accountability Act (HIPAA) is an act created by the U.S. Congress in 1996 that amends both the Employee Retirement Income Security Act (ERISA) and the Public Health Service Act (PHSA). The Health Insurance Portability and Accountability Act (HIPAA) ensures that individual health-care plans are accessible, portable and renewable, and it sets the standards and the methods for how medical data is shared across the U.S. health system in order to prevent fraud. The Health Insurance Portability and Accountability Act (HIPAA) is an act created by the U.S. Congress in 1996 that amends both the Employee Retirement Income Security Act (ERISA) and the Public Health Service Act (PHSA). In an age of fitness-tracking apps and GPS-tracked, shareable data on everything from an individual’s daily step count to their average heart-rate, medications, allergies, and even menstrual cycles, there are new challenges for upholding standards in storing and protecting personal medical data. HIPAA was enacted in an effort to protect individuals covered by health insurance and to set standards for the storage and privacy of personal medical data.

HIPAA law impacts policies, technology, and record-keeping at medical facilities, health insurance companies, HMOs, and healthcare billing services.

What Is the Health Insurance Portability and Accountability Act (HIPAA)?

The Health Insurance Portability and Accountability Act (HIPAA) is an act created by the U.S. Congress in 1996 that amends both the Employee Retirement Income Security Act (ERISA) and the Public Health Service Act (PHSA). HIPAA was enacted in an effort to protect individuals covered by health insurance and to set standards for the storage and privacy of personal medical data.

HIPAA law impacts policies, technology, and record-keeping at medical facilities, health insurance companies, HMOs, and healthcare billing services.
Noncompliance with HIPAA standards and best practices is against the law.
The HITECH Act was created in 2009 to expand HIPAA privacy and security protections for patients.

How the Health Insurance Portability and Accountability Act (HIPAA) Works

The Health Insurance Portability and Accountability Act (HIPAA) ensures that individual health-care plans are accessible, portable and renewable, and it sets the standards and the methods for how medical data is shared across the U.S. health system in order to prevent fraud. It preempts state law (unless the state's regulations are more stringent).

Since 1996, HIPAA has been modified to include processes for safely storing and sharing patient medical information electronically. It also includes administrative simplification provisions, which are aimed at increasing efficiency and reducing administrative costs by establishing national standards.

In 2009, the Health Information Technology for Economic and Clinical Health Act (HITECH) broadened HIPAA privacy and security protections. The HITECH Act was enacted as part of the American Recovery and Reinvestment Act of 2009 as a way of promoting the use of health information technology. A portion of the HITECH Act addresses privacy and security concerns.

The Future of the Health Insurance Portability and Accountability Act (HIPAA)

In 2018, Bloomberg Law reported on the privacy risks that come from digital healthcare data and the likelihood of updated federal laws in the near future. In an age of fitness-tracking apps and GPS-tracked, shareable data on everything from an individual’s daily step count to their average heart-rate, medications, allergies, and even menstrual cycles, there are new challenges for upholding standards in storing and protecting personal medical data.

Related terms:

Affordable Care Act (ACA)

The Affordable Care Act (ACA) is the federal statute signed into law in 2010 as a part of the healthcare reform agenda of the Obama administration. read more

American Recovery and Reinvestment Act (ARRA)

The American Recovery and Reinvestment Act of 2009 (ARRA) was a law passed by the U.S. Congress in response to the Great Recession of 2008. read more

Employee Retirement Income Security Act (ERISA)

The Employee Retirement Income Security Act (ERISA) protects workers' retirement savings by ensuring fiduciaries do not misuse plan assets. read more

Food and Drug Administration (FDA)

The Food and Drug Administration is a government agency that regulates certain food, drugs, cosmetics, and medical products. read more

Fraud

Fraud, in a general sense, is purposeful deceit designed to provide the perpetrator with unlawful gain or to deny a right to a victim. read more

Federal Trade Commission (FTC)

The FTC is an independent agency that aims to protect consumers and ensure a competitive market by enforcing consumer protection and antitrust laws. read more

Group Health Insurance

A group health insurance plan offers coverage at a lower premium than an individual plan and is available to employees of a company or organization. read more

Health Insurance

Health insurance is a type of insurance coverage that pays for medical and surgical expenses that are incurred by the insured.  read more

Medical Identity Theft

Medical identity theft involves the use of another person's health information for gain of benefits or fraudulent reimbursement. read more

Medicare

Medicare is a U.S. government program providing healthcare insurance to individuals 65 and older or those under 65 who meet eligibility requirements. read more