It’s important to establish whether or not your company is a covered entity so that you can implement the necessary measures to protect your data. HIPAA can be a confusing regulation for employers. The California Consumer Privacy Act, for example, provides individuals with the right to view, access, and opt-out of the processing of their personal data by businesses at any time.Īnd in Massachusetts, the PATCH Act enforces additional measures to protect access to confidential healthcare information. Many state agencies like child protective service agenciesĪlthough HIPAA doesn’t apply to non-covered entities, these companies still have a legal obligation to protect the confidentiality of employee health information in their possession under the US Privacy Act of 1974 and the Americans with Disabilities Act (ADA) as well as state-level regulations relating to data protection.Most employers, except those requesting access to medical records for workers’ compensation claims, etc.Most employers are considered “non-covered” entities and they are therefore not subject to HIPAA rules and regulations.Įven if an employer provides healthcare coverage to its staff, it is the responsibility of the insurance company to ensure data security and HIPAA compliance.Įxamples of organizations that do not have to comply with the HIPAA privacy act include: Which Companies are Safe or Excluded from HIPAA Violation-Related Matters? Department of Health & Human Services (HHS). They set standards for protecting PHI, and The Security Rule, which specifies safeguards for protecting the confidentiality, integrity, and availability of electronic Protected Health Information (ePHI).Īny breach of personal health data must be notified to the U.S. Business associates of covered entities that require access to health insurance data, such as contractors, billing companies, lawyers, accountants, IT specialists, and companies that destroy medical records.Īside from the HIPAA privacy rule, covered entities are also governed by The Privacy Rule.Healthcare providers that transmit health information, including doctors, clinics, hospitals, psychologists, chiropractors, nursing homes, pharmacies, and dentists.Individuals have the right to view all data held by a covered entity and receive notice when personal information is used and shared.Īs we mentioned above, only those companies deemed a “covered entity” must comply with HIPAA regulations. Any other individually identifiable health information.Billing information relating to medical treatment. ![]() Records held by health insurance providers.Medical test results and other patient information.Diagnosis and treatment information included in medical records by doctors, nurses, and other medical professionals.HIPAA provides federal protection for the following information: HIPAA regulations do not apply to workplace health records held by an employer that relate to employee benefits such as life insurance, disability, workers compensation, or long-term care insurance. They should safeguard to protect data and ensure compliance with HIPAA law. Department of Health & Human Services’ Office for Civil Rights (OCR).Īny company or individual that comes into contact with PHI must implement appropriate policies and procedures. One can find HIPAA guidelines (as well as explore them) in the U.S. and reduce national healthcare fraud and abuse. They establish a set of standards to protect against the unauthorized disclosure of sensitive and individually identifiable Protected Health Information (PHI).Īside from protecting privacy rights, the act has also helped to modernize the flow of PHI in the U.S. The federal law protects the privacy rights of individuals in the US. HIPAA is the acronym for the Health Insurance Portability and Accountability Act passed by Congress in 1996. Who should (+obliged) follow HIPAA regulations?.What’s more important, we will cover information on what HIPAA compliance solutions covered entities can implement to prevent a breach. We will look at what the HIPAA violation is, talk about HIPAA law, and which employers it applies to.Īlso, we will also focus on what constitutes a HIPAA violation, what the consequences of a violation are. In this post, we will be focusing on the Health Insurance Portability and Accountability Act of 1996 (HIPAA).
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